Bill Text: NY S06477 | 2013-2014 | General Assembly | Introduced
Bill Title: Provides for the use of opioid antagonists.
Spectrum: Bipartisan Bill
Status: (Passed) 2014-06-24 - SIGNED CHAP.42 [S06477 Detail]
Download: New_York-2013-S06477-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6477
I N S E N A T E
January 28, 2014
___________
Introduced by Sen. HANNON -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to opioid overdose
prevention
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 3309 of the public health law, as added by chapter
2 413 of the laws of 2005, is amended to read as follows:
3 S 3309. Opioid overdose prevention. 1. The commissioner is authorized
4 to establish standards for approval of any opioid overdose prevention
5 program which may include, but not be limited to, standards for program
6 directors, appropriate clinical oversight, training, record keeping and
7 reporting.
8 2. Notwithstanding any inconsistent provisions of section sixty-five
9 hundred twelve of the education law or any other law, the purchase,
10 acquisition, possession or use of an opioid antagonist pursuant to this
11 section shall not constitute the unlawful practice of a profession or
12 other violation under title eight of the education law or this article.
13 3. A HEALTH CARE PROFESSIONAL WHO, ACTING IN GOOD FAITH AND WITH
14 REASONABLE CARE, PRESCRIBES OR DISPENSES AN OPIOID ANTAGONIST SHALL NOT
15 BE SUBJECT TO ANY CRIMINAL OR CIVIL LIABILITY OR ANY PROFESSIONAL DISCI-
16 PLINARY ACTION FOR (A) SUCH PRESCRIBING OR DISPENSING, AND (B) ANY
17 OUTCOMES RESULTING FROM THE EVENTUAL ADMINISTRATION OF THE OPIOID ANTAG-
18 ONIST.
19 4. NOTWITHSTANDING ANY OTHER LAW OR REGULATION, A HEALTH CARE PROFES-
20 SIONAL OTHERWISE AUTHORIZED TO PRESCRIBE AN OPIOID ANTAGONIST MAY,
21 DIRECTLY OR BY NON-PATIENT SPECIFIC ORDER, PRESCRIBE, DISPENSE, AND
22 DISTRIBUTE AN OPIOID ANTAGONIST TO A PERSON AT RISK OF EXPERIENCING AN
23 OPIOID-RELATED OVERDOSE OR TO A FAMILY MEMBER, FRIEND, OR OTHER PERSON
24 IN A POSITION TO ASSIST A PERSON AT RISK OF EXPERIENCING AN OPIOID-RE-
25 LATED OVERDOSE. ANY SUCH PRESCRIPTION SHALL BE REGARDED AS BEING ISSUED
26 FOR A LEGITIMATE MEDICAL PURPOSE IN THE USUAL COURSE OF PROFESSIONAL
27 PRACTICE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13628-01-4
S. 6477 2
1 5. NOTWITHSTANDING ANY OTHER LAW OR REGULATION, A PERSON OR ORGANIZA-
2 TION ACTING UNDER A NON-PATIENT SPECIFIC ORDER ISSUED BY A HEALTH CARE
3 PROFESSIONAL WHO IS OTHERWISE AUTHORIZED TO PRESCRIBE AN OPIOID ANTAG-
4 ONIST MAY STORE AND DISPENSE AN OPIOID ANTAGONIST WITHOUT BEING SUBJECT
5 TO PROVISIONS OF TITLE EIGHT OF THE EDUCATION LAW EXCEPT THOSE
6 PROVISIONS REGARDING STORAGE OF DRUGS.
7 6. Use of an opioid antagonist pursuant to this section shall be
8 considered first aid or emergency treatment for the purpose of any stat-
9 ute relating to liability.
10 [4.] 7. The commissioner shall publish findings on statewide opioid
11 overdose data that reviews overdose death rates and other information to
12 ascertain changes in the cause and rates of fatal opioid overdoses. The
13 report may be part of existing state mortality reports issued by the
14 department, and shall be submitted annually for three years and as
15 deemed necessary by the commissioner thereafter, to the governor, the
16 temporary president of the senate and the speaker of the assembly. The
17 report shall include, at a minimum, the following information:
18 (a) information on opioid overdose deaths, including age, gender,
19 ethnicity, and geographic location;
20 (b) data on emergency room utilization for the treatment of opioid
21 overdose;
22 (c) data on utilization of pre-hospital services;
23 (d) suggested improvements in data collection.
24 S 2. This act shall take effect immediately.
