Bill Text: NY A08541 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires the provision of opioid overdose education where a patient is about to be discharged or conditionally released from an inpatient facility or the release of an inmate who has been diagnosed with an opioid use disorder; further requires at discharge from the hospital that such individual be provided with two doses of opioid antagonists in a form approved for take home use by the federal food and drug administration.

Spectrum: Slight Partisan Bill (Democrat 7-3)

Status: (Introduced) 2019-08-23 - referred to alcoholism and drug abuse [A08541 Detail]

Download: New_York-2019-A08541-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8541

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     August 23, 2019
                                       ___________

        Introduced  by  M.  of  A.  BRAUNSTEIN  -- read once and referred to the
          Committee on Alcoholism and Drug Abuse

        AN ACT to amend  the  mental  hygiene  law,  in  relation  to  providing
          discharged  patients  with  opioid  overdose  training;  to  amend the
          correction law, in  relation  to  providing  discharged  inmates  with
          opioid  overdose  training;  and  to  amend  the public health law, in
          relation to the provision of opioid antagonists for take home use upon
          discharge from the hospital

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

     1    Section  1.  Section  29.15  of  the  mental hygiene law is amended by
     2  adding a new subdivision (o) to read as follows:
     3    (o) 1. A patient about to be discharged or conditionally released from
     4  an inpatient facility operated or licensed by the office  of  alcoholism
     5  and  substance  abuse services and who has been diagnosed with an opioid
     6  use disorder shall provide such patient with an opioid  overdose  educa-
     7  tion that:
     8    (i)  conforms  to  department of health or federal substance abuse and
     9  mental health services administration  guidelines  for  opioid  overdose
    10  education;
    11    (ii) explains the causes of an opioid overdose;
    12    (iii)  instructs when and how to administer in accordance with medical
    13  best practices both:
    14    (A) life-saving rescue techniques; and
    15    (B) an opioid antagonist; and
    16    (iv) explains how to contact appropriate emergency medical services.
    17    2. Such facility shall also provide the  patient  as  they  leave  the
    18  facility with:
    19    (i) two doses of an opioid antagonist in a form approved for take home
    20  use by the federal food and drug administration; and
    21    (ii) a prescription for an opioid antagonist.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13207-02-9

        A. 8541                             2

     1    §  2.  The  correction law is amended by adding a new section 149-a to
     2  read as follows:
     3    §  149-a. Released inmates with opioid use disorder. 1. Upon discharge
     4  of an inmate who has been diagnosed with an opioid use disorder  from  a
     5  correctional  facility,  regardless  of whether that inmate has received
     6  treatment for that disorder, the department shall  provide  such  inmate
     7  with an opioid overdose education that:
     8    (a)  conforms  to  department of health or federal substance abuse and
     9  mental health services administration  guidelines  for  opioid  overdose
    10  education;
    11    (b) explains the causes of an opioid overdose;
    12    (c)  instructs  when  and how to administer in accordance with medical
    13  best practices both:
    14    (i) life-saving rescue techniques; and
    15    (ii) an opioid antagonist; and
    16    (d) explains how to contact appropriate emergency medical services.
    17    2. Such facility shall also provide  the  inmate  as  they  leave  the
    18  facility with:
    19    (a) two doses of an opioid antagonist in a form approved for take home
    20  use by the federal food and drug administration; and
    21    (b) a prescription for an opioid antagonist.
    22    §  3.  Subdivision  3  of  section 2803-u of the public health law, as
    23  added by section 1 of part C of chapter 70  of  the  laws  of  2016,  is
    24  amended to read as follows:
    25    3. Upon commencement of treatment, admission, or discharge of an indi-
    26  vidual  with  a documented substance use disorder or who appears to have
    27  or be at risk for a substance use disorder, including discharge from the
    28  emergency department, such hospital shall: (a) inform the individual  of
    29  the  availability  of the substance use disorder treatment services that
    30  may be available to them  through  a  substance  use  disorder  services
    31  program;  and  (b)  provide  the  individual with two doses of an opioid
    32  antagonist in a form approved for take home use by the federal food  and
    33  drug administration.
    34    § 4. This act shall take effect on the one hundred eightieth day after
    35  it shall have become a law.
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