Bill Text: NY A00348 | 2021-2022 | General Assembly | Amended
Bill Title: Requires the provision of opioid overdose educational materials and two doses of an opioid antagonist to certain patients being discharged or conditionally released from an inpatient facility and to certain previously incarcerated individuals upon discharge from incarceration; requires the provision of two doses of opioid antagonists to certain patients upon discharge from a hospital.
Spectrum: Slight Partisan Bill (Democrat 9-5)
Status: (Introduced - Dead) 2022-05-16 - substituted by s2976a [A00348 Detail]
Download: New_York-2021-A00348-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 348--A 2021-2022 Regular Sessions IN ASSEMBLY (Prefiled) January 6, 2021 ___________ Introduced by M. of A. BRAUNSTEIN, FERNANDEZ, GOTTFRIED, CYMBROWITZ, JACOBSON, GRIFFIN, REILLY, J. M. GIGLIO, TAGUE -- read once and referred to the Committee on Alcoholism and Drug Abuse -- recommitted to the Committee on Alcoholism and Drug Abuse in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the mental hygiene law, in relation to providing discharged patients with certain educational materials regarding substance use disorders and two doses of an opioid antagonist in a form approved for take home use; to amend the correction law, in relation to providing previously incarcerated individuals with certain educational materials regarding substance use disorders and two doses of an opioid antagonist in a form approved for take home use upon discharge from incarceration; and to amend the public health law, in relation to the provision of opioid antagonists for take home use upon discharge from the hospital The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The mental hygiene law is amended by adding a new section 2 32.40 to read as follows: 3 § 32.40 Educational materials for individuals with substance use disor- 4 ders. 5 (a) An individual discharged or conditionally released from a treat- 6 ment program operated or licensed by the office of addiction services 7 and supports who has been diagnosed with a substance use disorder shall 8 be provided with education materials that are consistent with educa- 9 tional materials provided pursuant to subdivision one of section twen- 10 ty-eight hundred three-u of the public health law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03415-02-2A. 348--A 2 1 (b) Such program shall also provide the individual with two doses of 2 an opioid antagonist in a form approved for take home use by the federal 3 food and drug administration when the individual is leaving the program. 4 § 2. The correction law is amended by adding a new section 149-a to 5 read as follows: 6 § 149-a. Previously incarcerated individuals with a substance use 7 disorder. The department shall require each correctional facility to 8 provide incarcerated individuals who, according to the records of the 9 department, have been diagnosed with a substance use disorder while at 10 such facility with the following upon release: (i) educational materials 11 consistent with subdivision one of section twenty-eight hundred three-u 12 of the public health law; and (ii) two doses of an opioid antagonist in 13 a form approved for take home use by the federal food and drug adminis- 14 tration. 15 § 3. The correction law is amended by adding a new section 511 to read 16 as follows: 17 § 511. Previously incarcerated individuals with a substance use disor- 18 der. The commissioner shall require each local correctional facility to 19 provide incarcerated individuals who, according to the records of the 20 jail, have been diagnosed with a substance use disorder while at such 21 facility with the following upon release: 22 1. educational materials consistent with subdivision one of section 23 twenty-eight hundred three-u of the public health law; and 24 2. two doses of an opioid antagonist in a form approved for take home 25 use by the federal food and drug administration. 26 § 4. Subdivision 3 of section 2803-u of the public health law, as 27 added by section 1 of part C of chapter 70 of the laws of 2016, is 28 amended to read as follows: 29 3. Upon commencement of treatment, admission, or discharge of an indi- 30 vidual with a documented substance use disorder or who appears to have 31 or be at risk for a substance use disorder, including discharge from the 32 emergency department, such hospital shall: (a) inform the individual of 33 the availability of the substance use disorder treatment services that 34 may be available to them through a substance use disorder services 35 program; and (b) provide the individual with two doses of an opioid 36 antagonist in a form approved for take home use by the federal food and 37 drug administration. 38 § 5. This act shall take effect on the one hundred eightieth day after 39 it shall have become a law.