S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1692

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2009
                               ___________

Introduced  by  M. of A. DINOWITZ, JOHN, GOTTFRIED -- Multi-Sponsored by
  -- M. of A. EDDINGTON -- read once and referred to  the  Committee  on
  Health

AN  ACT to amend the public health law, in relation to preventing deaths
  caused by drug overdose

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as the "drug over-
dose prevention act".
  S  2.  Article  2  of the public health law is amended by adding a new
title 6 to read as follows:
                                TITLE VI
                        DRUG OVERDOSE PREVENTION
SECTION 266. DEFINITIONS.
        267. REPORTING REQUIREMENTS.
        268. ADVICE REGARDING DRUG OVERDOSE.
  S 266. DEFINITIONS. WHEN USED IN THIS TITLE:
  1. "DEPARTMENT" MEANS THE DEPARTMENT OF HEALTH.
  2. "COMMISSIONER" MEANS THE COMMISSIONER OF HEALTH.
  S 267. REPORTING REQUIREMENTS.  1.  THE  COMMISSIONER  SHALL  PUBLISH,
BASED  ON  INFORMATION  COLLECTED  PURSUANT TO SECTION FOUR THOUSAND ONE
HUNDRED FORTY-ONE OF THIS CHAPTER, FINDINGS ON STATEWIDE  DRUG  OVERDOSE
TRENDS  THAT REVIEW OVERDOSE DEATH RATES AND OTHER INFORMATION TO ASCER-
TAIN CHANGES IN THE CAUSE AND RATES  OF  FATAL  DRUG  OVERDOSES  FOR  AN
APPROPRIATE PERIOD OF TIME. THE REPORT SHALL ALSO PROVIDE INFORMATION ON
INTERVENTIONS THAT WOULD BE EFFECTIVE IN REDUCING THE RATE OF DRUG OVER-
DOSE.
  2. THE REPORT SHALL INCLUDE, AT A MINIMUM THE FOLLOWING INFORMATION:
  (A) TRENDS IN DRUG OVERDOSE DEATHS;
  (B)  TRENDS  IN  EMERGENCY  ROOM UTILIZATION FOR THE TREATMENT OF DRUG
OVERDOSE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02770-02-9
              

A. 1692                             2

  (C) TRENDS IN UTILIZATION OF PRE-HOSPITAL AND EMERGENCY  SERVICES  AND
THE COST OF EMERGENCY SERVICES UTILIZATION FOR DRUG OVERDOSE;
  (D) SUGGESTED IMPROVEMENTS IN DATA COLLECTION; AND
  (E)  A  DESCRIPTION  OF EDUCATION EFFORTS AND OTHER INTERVENTIONS THAT
WOULD BE EFFECTIVE IN REDUCING THE RATE OF DRUG OVERDOSE.
  3. THE REPORT MAY BE PART OF EXISTING STATE MORTALITY  REPORTS  ISSUED
BY  THE DEPARTMENT, AND SHALL BE SUBMITTED ANNUALLY TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY.
  S 268. ADVICE REGARDING DRUG  OVERDOSE.  THE  COMMISSIONER  SHALL,  AS
NEEDED,  PROVIDE  ADVICE TO APPROPRIATE STATE, COUNTY AND CITY OFFICIALS
WITH REGARD TO DRUG OVERDOSE, INCLUDING:
  1. THE PREVALENCE OF DRUG OVERDOSE INCIDENTS;
  2. TRENDS IN DRUG OVERDOSE INCIDENTS; AND
  3. STRATEGIES FOR ADDRESSING DRUG OVERDOSE IN THEIR JURISDICTION.
  S 3. Paragraph (d) of subdivision 4 of  section  4141  of  the  public
health  law,  as added by chapter 413 of the laws of 2005, is amended to
read as follows:
  (d) Where a death is caused by [an opioid] DRUG overdose, such  infor-
mation  shall be indicated, including any [related] SPECIFIC information
CONCERNING THE DRUG OR DRUGS RESPONSIBLE FOR THE DEATH,  AND  ANY  OTHER
INFORMATION  RELATED  TO  THE  OVERDOSE  DEATH as the commissioner [may]
SHALL require.
  S 4. This act shall take effect on the first of April next  succeeding
the  date  on  which it shall have become a law; provided, however, that
the commissioner of health is authorized to promulgate any and all rules
and regulations and take any other measures necessary to implement  this
act on its effective date on or before such date.