Bill Text: NY A08075 | 2023-2024 | General Assembly | Amended

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Bill Title: Relates to the availability of opioid reversal agents; requires the department of health to make available any formulation and dosage of opioid reversal agent approved by the federal food and drug administration; allows for choice of any formulation and dosage of opioid reversal agent approved by the federal food and drug administration in the purchase, distribution or authorization to prescribe or dispense such products and in any expenditure used for the purchase or distribution of an opioid reversal agent.

Spectrum: Slight Partisan Bill (Democrat 9-5)

Status: (Introduced) 2024-04-09 - reported referred to ways and means [A08075 Detail]

Download: New_York-2023-A08075-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8075--C

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                   September 27, 2023
                                       ___________

        Introduced  by  M.  of  A.  STECK, FAHY -- read once and referred to the
          Committee on Alcoholism and Drug Abuse -- committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- again reported from said  committee  with  amendments,  ordered
          reprinted  as amended and recommitted to said committee -- 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 and the public health law, in
          relation to the availability of opioid reversal agents

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

     1    Section 1. Subdivision (l) of section 19.09 of the mental hygiene law,
     2  as  added  by  chapter  434  of  the laws of 2021, is amended to read as
     3  follows:
     4    (l)(1) The office, in consultation  with  the  department  of  health,
     5  shall  maintain  on  its  website  a publicly available directory of all
     6  distributors of opioid [antagonists]  reversal  agents  to  the  public,
     7  including  but  not limited to, pharmacies, prevention programs and not-
     8  for-profits. As used in this subdivision, the following terms shall have
     9  the following meanings:
    10    (i) "Opioid" means  an  opiate  as  defined  in  section  thirty-three
    11  hundred two of the public health law.
    12    (ii)  "Opioid  [antagonist]  reversal agents" means a federal food and
    13  drug administration-approved drug that, when  administered,  negates  or
    14  neutralizes in whole or in part the pharmacological effects of an opioid
    15  in  the  body.  The  [opioid  antagonist shall be limited to naloxone or
    16  other medications approved by the department of health for this purpose]
    17  department of health shall make available any formulation and dosage  of
    18  opioid  reversal  agents  that are approved by the federal food and drug
    19  administration.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11983-04-4
        A. 8075--C                          2

     1    (2) The directory required by this subdivision shall  include  and  be
     2  searchable by the following information:
     3    (i)  addresses  of  each  distributor of opioid [antagonists] reversal
     4  agents;
     5    (ii) contact information, such as phone numbers  or  email  addresses,
     6  for each distributor;
     7    (iii)  services  offered  by each distributor at each location if more
     8  than one, as well as information providing  which  opioid  [antagonists]
     9  reversal agents are currently available at each distributor;
    10    (iv) special populations served;
    11    (v) insurance providers accepted;
    12    (vi) hours of operation of each distributor;
    13    (vii) contact information of opioid addiction prevention programs; and
    14    (viii) any other information the commissioner deems necessary.
    15    (3)  The  office  may  utilize  an  existing  directory to satisfy the
    16  requirements of this subdivision.
    17    (4) The office shall allow for choice of any formulation and dosage of
    18  opioid reversal agents that are approved by the federal  food  and  drug
    19  administration   in  the  purchase,  distribution  or  authorization  to
    20  prescribe or dispense such products.
    21    § 2. Subdivision (b) of section 25.18 of the  mental  hygiene  law  is
    22  amended by adding a new paragraph 4 to read as follows:
    23    4.  Any expenditure used for the purchase or distribution of an opioid
    24  reversal agent, as defined in subparagraph  (ii)  of  paragraph  one  of
    25  subdivision  (l)  of section 19.09 of this title, shall allow for choice
    26  of any formulation or dosage that is approved by the  federal  food  and
    27  drug administration.
    28    §  3.  Subparagraph  (i)  of paragraph (a) of subdivision 3 of section
    29  3309 of the public health law, as amended by chapter 42 of the  laws  of
    30  2014, is amended to read as follows:
    31    (i) "Opioid [antagonist] reversal agents" means a drug approved by the
    32  Food  and  Drug  Administration  that,  when  administered,  negates  or
    33  neutralizes in whole or in part the pharmacological effects of an opioid
    34  in the body. ["Opioid antagonist reversal agents" shall  be  limited  to
    35  naloxone  and  other  medications  approved  by  the department for such
    36  purpose] The department shall make available any formulation and  dosage
    37  of opioid reversal agents that are approved by the federal Food and Drug
    38  Administration.
    39    §  4. Section 3309 of the public health law is amended by adding a new
    40  subdivision 9 to read as follows:
    41    9. Any purchase, distribution or authorization to  prescribe  pursuant
    42  to this section by the commissioner shall allow for choice of any formu-
    43  lation  or dosage that is approved by the federal Food and Drug Adminis-
    44  tration.
    45    § 5. This act shall take effect immediately.