Bill Text: NY A01249 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Relates to prehospital emergency medical services for individuals in substance use recovery; requires policies, procedures, and protocols to be developed to identify individuals in substance use recovery and to avoid treatment that could compromise such individuals' recovery.

Spectrum: Slight Partisan Bill (Democrat 6-3)

Status: (Introduced) 2024-01-03 - referred to health [A01249 Detail]

Download: New_York-2023-A01249-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          1249

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2023
                                       ___________

        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee on Health

        AN  ACT to amend the public health law, in relation to prehospital emer-
          gency medical services for individuals in substance use recovery

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

     1    Section 1. Legislative intent. The legislature hereby finds that emer-
     2  gency personnel are trained to look for intoxication, but not trained to
     3  ask  a  patient  if they identify as a person in substance use recovery.
     4  People in recovery work extremely hard to maintain recovery  and  should
     5  not  be  placed  in a situation where their recovery is compromised. The
     6  legislature finds that emergency personnel need to be trained in how  to
     7  communicate the risks of certain medications that could compromise their
     8  recovery and what possible alternatives are available.
     9    §  2.  The public health law is amended by adding a new section 3000-f
    10  to read as follows:
    11    § 3000-f. Prehospital emergency medical services; substance use recov-
    12  ery. 1. The department, the state  council,  and  the  regional  council
    13  shall include in their policies, procedures, and protocols for prehospi-
    14  tal  emergency  medical  services  and transportation, standards for the
    15  assessment and treatment  of  patients  who  identify  as  a  person  in
    16  substance  use  recovery. Such policies, procedures, and protocols shall
    17  include point-of-entry criteria and plans for the triage  and  transport
    18  of  individuals  who  identify as a person in substance use recovery. At
    19  minimum such policies, procedures, and protocols shall require emergency
    20  medical services and transportation providers to communicate to individ-
    21  uals who identify as a person in substance use  recovery  the  risks  of
    22  certain  medications that could compromise such individuals' recovery by
    23  offering alternate options for treatment and informing the hospital that
    24  such individual identifies as a person in substance use recovery.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02504-01-3
        A. 1249                             2

     1    2. Beginning upon the effective date of this section, the  department,
     2  the  state  council,  and the regional council shall annually review and
     3  update, if appropriate, their policies, procedures,  and  protocols  for
     4  prehospital  emergency  medical  services  and  transportation to ensure
     5  individuals  who  identify  as  a  person  in substance use recovery are
     6  receiving adequate information prior to treatment.
     7    § 3. Section 3053 of the public health law, as amended by chapter  445
     8  of the laws of 1993, is amended to read as follows:
     9    §  3053.  Reporting.  1. Advanced life support first response services
    10  and ambulance services registered or certified pursuant to article thir-
    11  ty of this chapter shall submit detailed individual call  reports  on  a
    12  form to be provided by the department, or may submit data electronically
    13  in  a  format  approved by the department.   The state emergency medical
    14  services council, with the approval of the commissioner, may adopt rules
    15  and regulations permitting or requiring ambulance services whose  volume
    16  exceeds  twenty thousand calls per year to submit call report data elec-
    17  tronically.  Such rules shall define the data elements to be  submitted,
    18  and  may  include  requirements  that assure availability of data to the
    19  regional emergency medical advisory committee.
    20    2. Such individual call report form, and such form's alternative elec-
    21  tronic format, shall include  whether  an  individual  identifies  as  a
    22  person  in  substance use recovery and, if known, such individual's type
    23  of addiction disease.
    24    § 4. This act shall take effect immediately.