Bill Text: NY A10193 | 2023-2024 | General Assembly | Introduced

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Bill Title: Includes all FDA approved forms and doses of Naloxone as opioid antagonists in the state definition of opioid antagonists; requires the department of health to approve all forms and doses of Naloxone approved by the FDA as opioid antagonists.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-05-10 - referred to health [A10193 Detail]

Download: New_York-2023-A10193-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10193

                   IN ASSEMBLY

                                      May 10, 2024
                                       ___________

        Introduced by COMMITTEE ON RULES -- (at request of M. of A. K. Brown) --
          read once and referred to the Committee on Health

        AN  ACT  to  amend  the  public  health law, the mental hygiene law, the
          education law and the insurance law, in relation to including all  FDA
          approved  forms  and  doses  of  Naloxone as opioid antagonists in the
          state definition of opioid antagonists

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subparagraph  (i)  of  paragraph  (a) of subdivision 3 of
     2  section 3309 of the public health law, as amended by chapter 42  of  the
     3  laws  of  2014,  is  amended and a new subdivision 9 is added to read as
     4  follows:
     5    (i) "Opioid antagonist" means a drug approved by  the  Food  and  Drug
     6  Administration  that, when administered, negates or neutralizes in whole
     7  or in part the pharmacological effects of an opioid in the body. "Opioid
     8  antagonist" shall be limited to [naloxone and other medications approved
     9  by the department for such purpose] all  forms  and  doses  of  Naloxone
    10  approved  by the Food and Drug Administration. The department shall make
    11  available all forms of Naloxone for such purpose in any  formulation  or
    12  dosage approved by the Food and Drug Administration.
    13    9.  Any purchase of, distribution of, or authorization to prescribe an
    14  opioid antagonist pursuant to this section shall allow for choice of any
    15  formulation or dosage approved by the Food and Drug  Administration  and
    16  made available by the department.
    17    §  2.  Subparagraph  (ii) of paragraph 1 of subdivision (l) of section
    18  19.09 of the mental hygiene law, as added by chapter 434 of the laws  of
    19  2021, is amended and a new paragraph 4 is added to read as follows:
    20    (ii)  "Opioid  antagonist"  means  a federal food and drug administra-
    21  tion-approved drug that, when administered, negates  or  neutralizes  in
    22  whole  or  in part the pharmacological effects of an opioid in the body.
    23  The opioid antagonist shall be limited to [naloxone or other medications
    24  approved by the department of health for this  purpose]  all  forms  and
    25  doses  of  Naloxone  approved  by  the Food and Drug Administration. The
    26  department of health shall make available all forms of Naloxone for such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15050-05-4
        A. 10193                            2

     1  purpose in any formulation or dosage  approved  by  the  Food  and  Drug
     2  Administration.
     3    (4) Any purchase of, distribution of, or authorization to prescribe an
     4  opioid antagonist pursuant to this subdivision shall allow for choice of
     5  any  formulation  or dosage approved by the Food and Drug Administration
     6  and made available by the department of health.
     7    § 3. Paragraph a of subdivision 2 of section  6908  of  the  education
     8  law,  as added by chapter 471 of the laws of 2016, is amended to read as
     9  follows:
    10    a. specify the advanced tasks that may be performed by  advanced  home
    11  health  aides pursuant to this subdivision. Such tasks shall include the
    12  administration of medications which are routine and prefilled or  other-
    13  wise packaged in a manner that promotes relative ease of administration,
    14  provided that administration of medications by injection, sterile proce-
    15  dures,  and  central  line  maintenance  shall  be prohibited. Provided,
    16  however, such prohibition shall not apply to injections  of  insulin  or
    17  other  injections  for  diabetes  care,  to  injections of low molecular
    18  weight heparin, and  to  pre-filled  auto-injections  of  [naloxone]  an
    19  opioid antagonist made available by the department of health pursuant to
    20  subdivision  three  of  section three thousand three hundred nine of the
    21  public health law and epinephrine for emergency purposes, and  provided,
    22  further,  that entities employing advanced home health aides pursuant to
    23  this subdivision shall establish a systematic approach to  address  drug
    24  diversion;
    25    § 4. Section 2617 of the insurance law, as added by chapter 228 of the
    26  laws of 2020, is amended to read as follows:
    27    §  2617.  Unfair  discrimination for the use of prescriptions to block
    28  the effects of opioids. No insurer or entity  authorized  to  issue  the
    29  kinds  of insurance specified in paragraphs one or two of subsection (a)
    30  of section one thousand one  hundred  thirteen  of  this  chapter  shall
    31  refuse  to  issue  a life insurance policy or annuity contract or adjust
    32  the amount of premiums, or rates, charged for life insurance policies or
    33  annuity contracts for any individual solely because such individual  has
    34  been prescribed medication used to block the effects of opioids, includ-
    35  ing,  but  not  limited  to,  [Naloxone  and  Narcan] opioid antagonists
    36  approved by the department of health, as  defined  under  section  three
    37  thousand three hundred nine of the public health law, unless such action
    38  is  based  on  sound actuarial principles or actual or reasonably antic-
    39  ipated experience.
    40    § 5. Subdivision (g) of section 36.01 of the mental  hygiene  law,  as
    41  amended  by  chapter  185  of  the  laws  of 2022, is amended to read as
    42  follows:
    43    (g) Within the amounts appropriated, the commissioners  shall  arrange
    44  for  appropriate training to law enforcement entities, first responders,
    45  including but not limited to firefighters and emergency medical services
    46  personnel, and any other entities deemed appropriate by the  commission-
    47  ers, located within the catchment area of a crisis stabilization center.
    48  The training may include but not be limited to:  (1) crisis intervention
    49  team  training; (2) mental health first aid; (3) implicit bias training;
    50  and (4) [naloxone] opioid antagonist training as defined under  subdivi-
    51  sion  three  of  section three thousand three hundred nine of the public
    52  health law. Such training may be provided in  an  electronic  format  or
    53  other format as deemed appropriate by the commissioners. The commission-
    54  ers  may  contract with an organization with the knowledge and expertise
    55  in providing the training required under this subdivision.
        A. 10193                            3

     1    § 6. Subdivision (b) of section 25.18 of the  mental  hygiene  law  is
     2  amended by adding a new paragraph 4 to read as follows:
     3    4.  Any  expenditure used for the distribution of an opioid antagonist
     4  shall allow for choice of any formulation or dosage of Naloxone that  is
     5  made  available  by the department of health and pursuant to subdivision
     6  three of section three thousand three hundred nine of the public  health
     7  law  shall  be put out for bid per procurement rules and regulations and
     8  pursuant to paragraph d  of  subdivision  two  of  section  one  hundred
     9  sixty-one of the state finance law.
    10    §  7.  This  act shall take effect on the thirtieth day after it shall
    11  have become a law; provided, however, the amendments to paragraph  a  of
    12  subdivision 2 of section 6908 of the education law made by section three
    13  of this act shall not affect the repeal of such subdivision and shall be
    14  deemed  repealed  therewith. Effective immediately, the addition, amend-
    15  ment and/or repeal of any rule or regulation necessary for the implemen-
    16  tation of this act on its effective date are authorized to be  made  and
    17  completed on or before such effective date.