Bill Text: NY S06477 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6477--A
           Cal. No. 104
                                   I N  S E N A T E
                                   January 28, 2014
                                      ___________
       Introduced  by Sens. HANNON, BOYLE, BALL, CARLUCCI, ESPAILLAT, GRISANTI,
         HASSELL-THOMPSON, HOYLMAN, KRUEGER, LANZA, MARTINS, MONTGOMERY, RIVERA
         -- read twice and ordered printed, and when printed to be committed to
         the Committee on Health -- reported  favorably  from  said  committee,
         ordered  to  first  and  second  report,  ordered  to a third reading,
         amended and ordered reprinted, retaining its place  in  the  order  of
         third reading
       AN  ACT  to  amend  the  public health law, in relation to use of opioid
         antagonists
         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, AND OPIOID ANTAGONIST  PRESCRIBING,  DISPENSING,  DISTRIBUTION,
    6  POSSESSION  AND  ADMINISTRATION  PURSUANT  TO  THIS  SECTION  which  may
    7  include, but not be limited to, standards for program directors,  appro-
    8  priate clinical oversight, training, record keeping and reporting.
    9    2.  Notwithstanding  any inconsistent provisions of section sixty-five
   10  hundred twelve of the education law or  any  other  law,  the  purchase,
   11  acquisition,  possession or use of an opioid antagonist pursuant to this
   12  section shall not constitute the unlawful practice of  a  profession  or
   13  other violation under title eight of the education law or this article.
   14    3. (A) AS USED IN THIS SECTION:
   15    (I)  "OPIOID  ANTAGONIST"  MEANS  A DRUG APPROVED BY THE FOOD AND DRUG
   16  ADMINISTRATION THAT, WHEN ADMINISTERED, NEGATES OR NEUTRALIZES IN  WHOLE
   17  OR IN PART THE PHARMACOLOGICAL EFFECTS OF AN OPIOID IN THE BODY. "OPIOID
   18  ANTAGONIST"  SHALL BE LIMITED TO NALOXONE AND OTHER MEDICATIONS APPROVED
   19  BY THE DEPARTMENT FOR SUCH PURPOSE.
   20    (II) "HEALTH CARE PROFESSIONAL" MEANS A PERSON LICENSED, REGISTERED OR
   21  AUTHORIZED PURSUANT TO TITLE EIGHT OF THE  EDUCATION  LAW  TO  PRESCRIBE
   22  PRESCRIPTION DRUGS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13628-02-4
       S. 6477--A                          2
    1    (III)  "PHARMACIST"  MEANS A PERSON LICENSED OR AUTHORIZED TO PRACTICE
    2  PHARMACY PURSUANT TO ARTICLE ONE HUNDRED THIRTY-SEVEN OF  THE  EDUCATION
    3  LAW.
    4    (IV)  "OPIOID  ANTAGONIST  RECIPIENT" OR "RECIPIENT" MEANS A PERSON AT
    5  RISK OF EXPERIENCING AN OPIOID-RELATED OVERDOSE,  OR  A  FAMILY  MEMBER,
    6  FRIEND  OR OTHER PERSON IN A POSITION TO ASSIST A PERSON EXPERIENCING OR
    7  AT RISK OF EXPERIENCING AN OPIOID-RELATED OVERDOSE, OR  AN  ORGANIZATION
    8  REGISTERED  AS  AN  OPIOID  OVERDOSE PREVENTION PROGRAM PURSUANT TO THIS
    9  SECTION.
   10    (B)(I) A HEALTH CARE PROFESSIONAL MAY PRESCRIBE BY A  PATIENT-SPECIFIC
   11  OR  NON-PATIENT-SPECIFIC  PRESCRIPTION, DISPENSE OR DISTRIBUTE, DIRECTLY
   12  OR INDIRECTLY, AN OPIOID ANTAGONIST TO AN OPIOID ANTAGONIST RECIPIENT.
   13    (II) A  PHARMACIST  MAY  DISPENSE  AN  OPIOID  ANTAGONIST,  THROUGH  A
   14  PATIENT-SPECIFIC  OR  NON-PATIENT-SPECIFIC PRESCRIPTION PURSUANT TO THIS
   15  PARAGRAPH, TO AN OPIOID ANTAGONIST RECIPIENT.
   16    (III) AN OPIOID ANTAGONIST RECIPIENT MAY POSSESS AN OPIOID  ANTAGONIST
   17  OBTAINED  PURSUANT  TO THIS PARAGRAPH, MAY DISTRIBUTE SUCH OPIOID ANTAG-
   18  ONIST TO A RECIPIENT, AND MAY ADMINISTER SUCH  OPIOID  ANTAGONIST  TO  A
   19  PERSON THE RECIPIENT REASONABLY BELIEVES IS EXPERIENCING AN OPIOID OVER-
   20  DOSE.
   21    (IV) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT BE DEEMED TO REQUIRE A
   22  PRESCRIPTION FOR ANY OPIOID ANTAGONIST THAT DOES NOT OTHERWISE REQUIRE A
   23  PRESCRIPTION;  NOR SHALL IT BE DEEMED TO LIMIT THE AUTHORITY OF A HEALTH
   24  CARE PROFESSIONAL TO PRESCRIBE, DISPENSE OR DISTRIBUTE, OR OF A  PHARMA-
   25  CIST TO DISPENSE, AN OPIOID ANTAGONIST UNDER ANY OTHER PROVISION OF LAW.
   26    4.  Use  of  an  opioid  antagonist  pursuant to this section shall be
   27  considered first aid or emergency treatment for the purpose of any stat-
   28  ute relating to liability.
   29    [4.] A RECIPIENT OR OPIOID  OVERDOES  PREVENTION  PROGRAM  UNDER  THIS
   30  SECTION,  ACTING  REASONABLY  AND  IN GOOD FAITH IN COMPLIANCE WITH THIS
   31  SECTION, SHALL NOT BE  SUBJECT  TO  CRIMINAL,  CIVIL  OR  ADMINISTRATIVE
   32  LIABILITY SOLELY BY REASON OF SUCH ACTION.
   33    5.  The  commissioner shall publish findings on statewide opioid over-
   34  dose data that reviews overdose death rates  and  other  information  to
   35  ascertain  changes in the cause and rates of fatal opioid overdoses. The
   36  report may be part of existing state mortality  reports  issued  by  the
   37  department,  and  shall  be  submitted  annually [for three years and as
   38  deemed necessary by the commissioner thereafter,] to the  governor,  the
   39  temporary  president  of  the senate [and], the speaker of the assembly,
   40  AND THE CHAIRS OF THE SENATE AND ASSEMBLY HEALTH COMMITTEES. The  report
   41  shall include, at a minimum, the following information:
   42    (a)  information  on  opioid  overdose  deaths, including age, gender,
   43  ethnicity, and geographic location;
   44    (b) data on emergency room utilization for  the  treatment  of  opioid
   45  overdose;
   46    (c) data on utilization of pre-hospital services;
   47    (d)  [suggested  improvements in data collection.] DATA ON UTILIZATION
   48  OF OPIOID ANTAGONISTS; AND
   49    (E) ANY OTHER INFORMATION NECESSARY TO ASCERTAIN THE  SUCCESS  OF  THE
   50  PROGRAM AND WAYS TO FURTHER REDUCE OVERDOSES.
   51    S 2. This act shall take effect immediately.