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.

Spectrum: Slight Partisan Bill (Democrat 11-5)

Status: (Engrossed) 2024-06-07 - REFERRED TO RULES [A08075 Detail]

Download: New_York-2023-A08075-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8075--D

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                   September 27, 2023
                                       ___________

        Introduced  by M. of A. STECK, FAHY, GUNTHER, McDONALD, NOVAKHOV, DeSTE-
          FANO, SIMON, DAVILA,  BENDETT,  K. BROWN,  CHANG,  LEVENBERG,  WEPRIN,
          SOLAGES, PAULIN -- Multi-Sponsored by -- M. of A. WOERNER -- read once
          and  referred to the Committee on Alcoholism and Drug Abuse -- commit-
          tee discharged, bill amended, ordered reprinted as amended and  recom-
          mitted  to  said  committee -- 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  -- reported and referred to the Committee on Ways and Means
          -- 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11983-06-4
        A. 8075--D                          2

     1  in  the  body.  The  [opioid  antagonist shall be limited to naloxone or
     2  other medications approved by the department of health for this purpose]
     3  department of health shall make available any formulation and dosage  of
     4  opioid  reversal  agents  that are approved by the federal food and drug
     5  administration.
     6    (iii) "Purchaser"  means  any  community  organization,  municipality,
     7  pharmacy, medical facility, hospital, or any other entity, that accesses
     8  opioid reversal drugs through the New York state standing order.
     9    (2)  The  directory  required by this subdivision shall include and be
    10  searchable by the following information:
    11    (i) addresses of each distributor  of  opioid  [antagonists]  reversal
    12  agents;
    13    (ii)  contact  information,  such as phone numbers or email addresses,
    14  for each distributor;
    15    (iii) services offered by each distributor at each  location  if  more
    16  than  one,  as  well as information providing which opioid [antagonists]
    17  reversal agents are currently available at each distributor;
    18    (iv) special populations served;
    19    (v) insurance providers accepted;
    20    (vi) hours of operation of each distributor;
    21    (vii) contact information of opioid addiction prevention programs; and
    22    (viii) any other information the commissioner deems necessary.
    23    (3) The office may  utilize  an  existing  directory  to  satisfy  the
    24  requirements of this subdivision.
    25    (4) The office shall allow for choice of any formulation and dosage of
    26  opioid  reversal  agents  that are approved by the federal food and drug
    27  administration  in  the  purchase,  distribution  or  authorization   to
    28  prescribe or dispense such products. The department shall cover the cost
    29  of  any  formulation and/or dosage of any federal food and drug adminis-
    30  tration-approved nasal naloxone product.   Any other product  where  the
    31  cost  exceeds  that  of highest-priced nasal naloxone product, that cost
    32  overrun shall be borne by the purchaser.
    33    § 2. Subparagraph (i) of paragraph (a) of  subdivision  3  of  section
    34  3309  of  the public health law, as amended by chapter 42 of the laws of
    35  2014, is amended to read as follows:
    36    (i) "Opioid [antagonist] reversal agents" means a drug approved by the
    37  Food  and  Drug  Administration  that,  when  administered,  negates  or
    38  neutralizes in whole or in part the pharmacological effects of an opioid
    39  in  the  body.  ["Opioid antagonist reversal agents" shall be limited to
    40  naloxone and other medications  approved  by  the  department  for  such
    41  purpose]  The department shall make available any formulation and dosage
    42  of opioid reversal agents that are approved by the federal Food and Drug
    43  Administration.
    44    § 3. Section 3309 of the public health law is amended by adding a  new
    45  subdivision 9 to read as follows:
    46    9.  Any  purchase, distribution or authorization to prescribe pursuant
    47  to this section by the commissioner shall allow for choice of any formu-
    48  lation or dosage that is approved by the federal Food and Drug  Adminis-
    49  tration.  The  department shall cover the cost of any formulation and/or
    50  dosage of any federal Food and Drug Administration-approved nasal nalox-
    51  one product.  Any other product where the cost exceeds that of  highest-
    52  priced  nasal  naloxone product, that cost overrun shall be borne by the
    53  purchaser.
    54    § 4. This act shall take effect immediately.