NY State Senate Bill 2013-S6477B

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 24, 2014	signed chap.42
Jun 23, 2014	delivered to governor
May 06, 2014	returned to senate passed assembly ordered to third reading cal.618 substituted for a8637b
Mar 27, 2014	referred to health delivered to assembly passed senate
Mar 18, 2014	amended on third reading 6477b
Mar 10, 2014	amended on third reading (t) 6477a
Feb 11, 2014	advanced to third reading
Feb 10, 2014	2nd report cal.
Feb 04, 2014	1st report cal.104
Jan 28, 2014	referred to health

Votes

- Mar 27, 2014 - Floor Vote
  S6477B
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 27, 2014
      
      aye (60)
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Farley
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (1)
      
      Espaillat
  Feb 4, 2014 - Health Committee Vote
  S6477B
  
  15
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Feb 4, 2014
      
      aye (15)
      
      Ball
      
      Farley
      
      Felder
      
      Golden
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Larkin
      
      Montgomery
      
      Peralta
      
      Rivera
      
      Savino
      
      Serrano
      
      Seward
      
      Young
      
      aye wr (1)
      
      O'Brien

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2013-S6477 - Details

See Assembly Version of this Bill:: A8637
Law Section:: Public Health Law
Laws Affected:: Amd §3309, Pub Health L

2013-S6477 - Summary

Provides for the use of opioid antagonists.

2013-S6477 - Sponsor Memo

                                BILL NUMBER:S6477

TITLE OF BILL:  An act to amend the public health law, in relation to
opioid overdose prevention

PURPOSE:

Allows health care professionals to prescribe or dispense an opioid
antagonist by a non-patient specific order and provides protections
against criminal and civil liability as well as professional
disciplinary action resulting from such prescribing.

SUMMARY OF PROVISIONS:

Section one amends the Public Health Law § 3390 to protect a health
care professional who prescribes or dispenses an opioid antagonist, in
good faith and with reasonable care, from any criminal or civil
liability or any professional disciplinary action that could result
from dispensing, prescribing, or administrating of an opioid
antagonist. This section also expands a health care professional's
authority to prescribe, dispense, and distribute an opioid antagonist
directly or by non-patient specific order to a person at risk of
experiencing an opioid-related overdose or to a family member, friend,
or other person in a position to assist a person at risk of
experiencing an opioid- related overdose. Lastly, this section allows
a person or organization acting under a non-patient specific order to

store and dispense an opioid antagonist without being subject to
provisions of title eight of the Education Law except provisions
regarding storage of drugs

Section two provides that the act shall take effect immediately.

JUSTIFICATION:

New York State, like the nation, is in the midst of a severe
prescription drug crisis. Prescriptions for opioids, particularly
oxycodone and hydrocodone have skyrocketed. The Centers for Disease
Control and Prevention reports that every 19 minutes, one person dies
from an accidental overdose or suicide as a result of prescription
drug abuse. In 2012, the legislature enacted the seminal I-STOP
legislation to track controlled substance prescribing, prevent doctor
shopping and weed out unscrupulous doctors. One unfortunate side
effect of successfully restricting street access to these controlled
substances, is that addicts are turning to other drugs, such as
heroin.  Heroin has now become the cheaper alternative to opioids. On
Long Island it is estimated that heroin addiction has increased
fourfold since 2011.

As detailed in the Senate Health Committee's white paper The
Prescription Drug Crisis in New York. A Comprehensive Approach, there
is a need to look at the complete spectrum of drug abuse in order to
address this crisis. While the state has made great advances, much
more is needed. One of topics raised at the roundtables held by the
Health Committee in 2011 and 2012, was access to Naloxone (Narcan).
Naloxone, sometimes referred to as the drug-overdose antidote,
counteracts the life threatening depression of the central nervous
system and respiratory system caused by an opioid or heroin overdose.


If timely administered, Naloxone can prevent overdose deaths. The
Department of Health recommends administering Naloxone directly to an
individual overdosing on an opioid after calling 911 and checking for
breathing.

In 2005, the state authorized non-medical persons to administer
Naloxone to an individual in order to prevent an opioid or heroin
overdose from becoming fatal. In 2011, the state adopted good
samaritan protections for witnesses and victims of overdoses. By
removing the threat of prosecution, this measure encourages witnesses
of an overdose to call 911 before it becomes deadly.

Due to the increase of opioid abuse, expanded access to Naloxone has
become necessary priority to save lives. In Nassau County, EMTs
administer Naloxone through their police department's ambulance
services and in Suffolk County the state provided first responders
with Naloxone. Expanding upon the success of existing programs, more
lives could be saved if Naloxone was available to addicts, their
families and other people likely to be in a position to assist a
person at risk of an opioid related overdose. Currently, parents and
family members of addicts are being turned away from Naloxone training
programs or are attending the programs and not receiving Naloxone due
to the shortage of prescribers participating in such programs. Under
this legislation one prescriber would be able to issue a non-patient
specific order to numerous programs, allowing for increased access.
This legislation will enable the person who is likely to discover an
overdose victim the ability to save their life, a life that could
otherwise be lost if the victim has to wait for the EMT to arrive.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediately

2013-S6477 - Bill Text download pdf

                            
                    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:

  Section 1. Section 3309 of the public health law, as added by  chapter
413 of the laws of 2005, is amended to read as follows:
  S  3309. Opioid overdose prevention. 1. The commissioner is authorized
to establish standards for approval of any  opioid  overdose  prevention
program  which may include, but not be limited to, standards for program
directors, appropriate clinical oversight, training, record keeping  and
reporting.
  2.  Notwithstanding  any inconsistent provisions of section sixty-five
hundred twelve of the education law or  any  other  law,  the  purchase,
acquisition,  possession or use of an opioid antagonist pursuant to this
section shall not constitute the unlawful practice of  a  profession  or
other violation under title eight of the education law or this article.
  3.    A  HEALTH  CARE  PROFESSIONAL WHO, ACTING IN GOOD FAITH AND WITH
REASONABLE CARE, PRESCRIBES OR DISPENSES AN OPIOID ANTAGONIST SHALL  NOT
BE SUBJECT TO ANY CRIMINAL OR CIVIL LIABILITY OR ANY PROFESSIONAL DISCI-
PLINARY  ACTION  FOR  (A)  SUCH  PRESCRIBING  OR DISPENSING, AND (B) ANY
OUTCOMES RESULTING FROM THE EVENTUAL ADMINISTRATION OF THE OPIOID ANTAG-
ONIST.
  4. NOTWITHSTANDING ANY OTHER LAW OR REGULATION, A HEALTH CARE  PROFES-
SIONAL  OTHERWISE  AUTHORIZED  TO  PRESCRIBE  AN  OPIOID ANTAGONIST MAY,
DIRECTLY OR BY NON-PATIENT  SPECIFIC  ORDER,  PRESCRIBE,  DISPENSE,  AND
DISTRIBUTE  AN  OPIOID ANTAGONIST TO A PERSON AT RISK OF EXPERIENCING AN
OPIOID-RELATED OVERDOSE OR TO A FAMILY MEMBER, FRIEND, OR  OTHER  PERSON
IN  A  POSITION TO ASSIST A PERSON AT RISK OF EXPERIENCING AN OPIOID-RE-
LATED OVERDOSE. ANY SUCH PRESCRIPTION SHALL BE REGARDED AS BEING  ISSUED
FOR  A  LEGITIMATE  MEDICAL  PURPOSE IN THE USUAL COURSE OF PROFESSIONAL
PRACTICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13628-01-4

S. 6477                             2

  5. NOTWITHSTANDING ANY OTHER LAW OR REGULATION, A PERSON OR  ORGANIZA-
TION  ACTING  UNDER A NON-PATIENT SPECIFIC ORDER ISSUED BY A HEALTH CARE
PROFESSIONAL WHO IS OTHERWISE AUTHORIZED TO PRESCRIBE AN  OPIOID  ANTAG-
ONIST  MAY STORE AND DISPENSE AN OPIOID ANTAGONIST WITHOUT BEING SUBJECT
TO  PROVISIONS  OF  TITLE  EIGHT  OF  THE  EDUCATION  LAW  EXCEPT  THOSE
PROVISIONS REGARDING STORAGE OF DRUGS.
  6. Use of an opioid antagonist  pursuant  to  this  section  shall  be
considered first aid or emergency treatment for the purpose of any stat-
ute relating to liability.
  [4.]  7.  The  commissioner shall publish findings on statewide opioid
overdose data that reviews overdose death rates and other information to
ascertain changes in the cause and rates of fatal opioid overdoses.  The
report  may  be  part  of existing state mortality reports issued by the
department, and shall be submitted  annually  for  three  years  and  as
deemed  necessary  by  the commissioner thereafter, to the governor, the
temporary president of the senate and the speaker of the  assembly.  The
report shall include, at a minimum, the following information:
  (a)  information  on  opioid  overdose  deaths, including age, gender,
ethnicity, and geographic location;
  (b) data on emergency room utilization for  the  treatment  of  opioid
overdose;
  (c) data on utilization of pre-hospital services;
  (d) suggested improvements in data collection.
  S 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2013-S6477A - Details

See Assembly Version of this Bill:: A8637
Law Section:: Public Health Law
Laws Affected:: Amd §3309, Pub Health L

2013-S6477A - Summary

Provides for the use of opioid antagonists.

2013-S6477A - Sponsor Memo

                                BILL NUMBER:S6477A

TITLE OF BILL:  An act to amend the public health law, in relation to
use of opioid antagonists

PURPOSE:

Allows for the prescribing, dispensing and distribution of an opioid
antagonist by a non-patient specific order.

SUMMARY OF PROVISIONS:

Section one amends Public Health Law § 3309 to authorize the Commission-
er of Health to establish standards for the prescribing, dispensing,
distribution, possession and administration of opioid antagonist under
the Opioid Overdose Prevention Program. This section expands a health
care professional's authority to prescribe, dispense or distribute,
directly or indirectly, an opioid antagonist by authorizing such by
non-patient-specific prescription. Additionally, this section provides
that a pharmacist may dispense through a non-patient-specific
prescription. A recipient of the opioid antagonist is authorized to
posses, distribute and administer the opioid antagonist. The bill clari-
fies that any recipient acting reasonably and in good faith pursuant to
this section shall not be liable. Lastly, this section requires the
program to report annually.

Section two provides that the act shall take effect immediately.

JUSTIFICATION:

New York State, like the nation, is in the midst of a severe
prescription drug crisis. Prescriptions for opioids, particularly oxyco-
done and hydrocodone have skyrocketed. The Centers for Disease Control
and Prevention reports that every 19 minutes, one person dies from an
accidental overdose or suicide as a result of prescription drug abuse.
In 2012, the legislature enacted the seminal I-STOP legislation to track
controlled substance prescribing, prevent doctor shopping and weed out
unscrupulous doctors. One unfortunate side effect of successfully
restricting street access to these controlled substances, is that
addicts are turning to other drugs, such as heroin. Heroin has now
become the cheaper alternative to opioids. On Long Island it is esti-
mated that heroin addiction has increased fourfold since 2011.

As detailed in the Senate Health Committee's white paper The
Prescription Drug Crisis in New York: A Comprehensive Approach, there is
a need to look at the complete spectrum of drug abuse in order to
address this crisis. While the state has made great advances, much more
is needed. One of the topics raised at the roundtables held by the
Health Committee in 2011 and 2012; was access to Naloxone (Narcan).
Naloxone, sometimes referred to as the drug-overdose antidote, counter-
acts the life threatening depression of the central nervous system and
respiratory system caused by an opioid or heroin overdose.  If timely

administered, Naloxone can prevent overdose deaths. The Department of
Health recommends administering Naloxone directly to an individual over-
dosing on an opioid after calling 911 and checking for breathing.

In 2005, the state authorized non-medical persons to administer Naloxone
to an individual in order to prevent an opioid or heroin overdose from
becoming fatal. In 2011, the state adopted good samaritan protections
for witnesses and victims of overdoses. By removing the threat of prose-
cution, this measure encourages witnesses of an overdose to call 911
before it becomes deadly.

Due to the increase of opioid abuse, expanded access to Naloxone has
become a necessary priority to save lives. In Nassau County, EMTs admin-
ister Naloxone through their police department's ambulance services and
in Suffolk County the state provided first responders with Naloxone.
Expanding upon the success of existing programs, more lives could be
saved if Naloxone was available to addicts, their families and other
people likely to be in a position to assist a person at risk of an
opioid related overdose. Currently, parents and family members of
addicts are being turned away from Naloxone training programs or are
attending the programs and not receiving Naloxone due to the shortage of
prescribers participating in such programs. Under this legislation one
prescriber would be able to issue a non-patient specific order to numer-
ous programs, allowing for increased access. This legislation will also
allow for expanded access through pharmacies. By increasing access, this
legislation will equip individuals likely to discover an overdose victim
with the ability to save their life.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

2013-S6477A - Bill Text download pdf

                            
                    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:

  Section  1. Section 3309 of the public health law, as added by chapter
413 of the laws of 2005, is amended to read as follows:
  S 3309. Opioid overdose prevention. 1. The commissioner is  authorized
to  establish  standards  for approval of any opioid overdose prevention
program, AND OPIOID ANTAGONIST  PRESCRIBING,  DISPENSING,  DISTRIBUTION,
POSSESSION  AND  ADMINISTRATION  PURSUANT  TO  THIS  SECTION  which  may
include, but not be limited to, standards for program directors,  appro-
priate clinical oversight, training, record keeping and reporting.
  2.  Notwithstanding  any inconsistent provisions of section sixty-five
hundred twelve of the education law or  any  other  law,  the  purchase,
acquisition,  possession or use of an opioid antagonist pursuant to this
section shall not constitute the unlawful practice of  a  profession  or
other violation under title eight of the education law or this article.
  3. (A) AS USED IN THIS SECTION:
  (I)  "OPIOID  ANTAGONIST"  MEANS  A DRUG APPROVED BY THE FOOD AND DRUG
ADMINISTRATION THAT, WHEN ADMINISTERED, NEGATES OR NEUTRALIZES IN  WHOLE
OR IN PART THE PHARMACOLOGICAL EFFECTS OF AN OPIOID IN THE BODY. "OPIOID
ANTAGONIST"  SHALL BE LIMITED TO NALOXONE AND OTHER MEDICATIONS APPROVED
BY THE DEPARTMENT FOR SUCH PURPOSE.
  (II) "HEALTH CARE PROFESSIONAL" MEANS A PERSON LICENSED, REGISTERED OR
AUTHORIZED PURSUANT TO TITLE EIGHT OF THE  EDUCATION  LAW  TO  PRESCRIBE
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

  (III)  "PHARMACIST"  MEANS A PERSON LICENSED OR AUTHORIZED TO PRACTICE
PHARMACY PURSUANT TO ARTICLE ONE HUNDRED THIRTY-SEVEN OF  THE  EDUCATION
LAW.
  (IV)  "OPIOID  ANTAGONIST  RECIPIENT" OR "RECIPIENT" MEANS A PERSON AT
RISK OF EXPERIENCING AN OPIOID-RELATED OVERDOSE,  OR  A  FAMILY  MEMBER,
FRIEND  OR OTHER PERSON IN A POSITION TO ASSIST A PERSON EXPERIENCING OR
AT RISK OF EXPERIENCING AN OPIOID-RELATED OVERDOSE, OR  AN  ORGANIZATION
REGISTERED  AS  AN  OPIOID  OVERDOSE PREVENTION PROGRAM PURSUANT TO THIS
SECTION.
  (B)(I) A HEALTH CARE PROFESSIONAL MAY PRESCRIBE BY A  PATIENT-SPECIFIC
OR  NON-PATIENT-SPECIFIC  PRESCRIPTION, DISPENSE OR DISTRIBUTE, DIRECTLY
OR INDIRECTLY, AN OPIOID ANTAGONIST TO AN OPIOID ANTAGONIST RECIPIENT.
  (II) A  PHARMACIST  MAY  DISPENSE  AN  OPIOID  ANTAGONIST,  THROUGH  A
PATIENT-SPECIFIC  OR  NON-PATIENT-SPECIFIC PRESCRIPTION PURSUANT TO THIS
PARAGRAPH, TO AN OPIOID ANTAGONIST RECIPIENT.
  (III) AN OPIOID ANTAGONIST RECIPIENT MAY POSSESS AN OPIOID  ANTAGONIST
OBTAINED  PURSUANT  TO THIS PARAGRAPH, MAY DISTRIBUTE SUCH OPIOID ANTAG-
ONIST TO A RECIPIENT, AND MAY ADMINISTER SUCH  OPIOID  ANTAGONIST  TO  A
PERSON THE RECIPIENT REASONABLY BELIEVES IS EXPERIENCING AN OPIOID OVER-
DOSE.
  (IV) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT BE DEEMED TO REQUIRE A
PRESCRIPTION FOR ANY OPIOID ANTAGONIST THAT DOES NOT OTHERWISE REQUIRE A
PRESCRIPTION;  NOR SHALL IT BE DEEMED TO LIMIT THE AUTHORITY OF A HEALTH
CARE PROFESSIONAL TO PRESCRIBE, DISPENSE OR DISTRIBUTE, OR OF A  PHARMA-
CIST TO DISPENSE, AN OPIOID ANTAGONIST UNDER ANY OTHER PROVISION OF LAW.
  4.  Use  of  an  opioid  antagonist  pursuant to this section shall be
considered first aid or emergency treatment for the purpose of any stat-
ute relating to liability.
  [4.] A RECIPIENT OR OPIOID  OVERDOES  PREVENTION  PROGRAM  UNDER  THIS
SECTION,  ACTING  REASONABLY  AND  IN GOOD FAITH IN COMPLIANCE WITH THIS
SECTION, SHALL NOT BE  SUBJECT  TO  CRIMINAL,  CIVIL  OR  ADMINISTRATIVE
LIABILITY SOLELY BY REASON OF SUCH ACTION.
  5.  The  commissioner shall publish findings on statewide opioid over-
dose data that reviews overdose death rates  and  other  information  to
ascertain  changes in the cause and rates of fatal opioid overdoses. The
report may be part of existing state mortality  reports  issued  by  the
department,  and  shall  be  submitted  annually [for three years and as
deemed necessary by the commissioner thereafter,] to the  governor,  the
temporary  president  of  the senate [and], the speaker of the assembly,
AND THE CHAIRS OF THE SENATE AND ASSEMBLY HEALTH COMMITTEES. The  report
shall include, at a minimum, the following information:
  (a)  information  on  opioid  overdose  deaths, including age, gender,
ethnicity, and geographic location;
  (b) data on emergency room utilization for  the  treatment  of  opioid
overdose;
  (c) data on utilization of pre-hospital services;
  (d)  [suggested  improvements in data collection.] DATA ON UTILIZATION
OF OPIOID ANTAGONISTS; AND
  (E) ANY OTHER INFORMATION NECESSARY TO ASCERTAIN THE  SUCCESS  OF  THE
PROGRAM AND WAYS TO FURTHER REDUCE OVERDOSES.
  S 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2013-S6477B (ACTIVE) - Details

See Assembly Version of this Bill:: A8637
Law Section:: Public Health Law
Laws Affected:: Amd §3309, Pub Health L

2013-S6477B (ACTIVE) - Summary

Provides for the use of opioid antagonists.

2013-S6477B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6477B

TITLE OF BILL:  An act to amend the public health law, in relation to
use of opioid antagonists

PURPOSE: Allows for the prescribing, dispensing and distribution of an
opioid antagonist by a non-patient specific order.

SUMMARY OF PROVISIONS:

Section one amends Public Health Law § 3309 to authorize the
Commissioner of Health to establish standards for the prescribing,
dispensing, distribution, possession and administration of opioid
antagonist under the Opioid Overdose Prevention Program. This section
expands a health care professional's authority to prescribe, dispense
or distribute, directly or indirectly, an opioid antagonist by
authorizing such by non-patient-specific prescription. Additionally,
this section provides that a pharmacist may dispense through a
non-patient-specific prescription. A recipient of the opioid
antagonist is authorized to posses, distribute and administer the
opioid antagonist. The bill clarifies that any recipient acting
reasonably and in good faith pursuant to this section shall not be
liable. Lastly, this section requires the program to report annually.

Section two provides that the act shall take effect immediately.

JUSTIFICATION:  New York State, like the nation, is in the midst of a
severe prescription drug crisis. Prescriptions for opioids,
particularly oxycodone and hydrocodone have skyrocketed. The Centers
for Disease Control and Prevention reports that every 19 minutes, one
person dies from an accidental overdose or suicide as a result of
prescription drug abuse. In 2012, the legislature enacted the seminal
I-STOP legislation to track controlled substance prescribing, prevent
doctor shopping and weed out unscrupulous doctors. One unfortunate
side effect of successfully restricting street access to these
controlled substances, is that addicts are turning to other drugs,
such as heroin. Heroin has now become the cheaper alternative to
opioids. On Long Island it is estimated that heroin addiction has
increased fourfold since 2011.

As detailed in the Senate Health Committee's white paper The
Prescription Drug Crisis in New York: A Comprehensive Approach, there
is a need to look at the complete spectrum of drug abuse in order to
address this crisis. While the state has made great advances, much
more is needed. One of the topics raised at the roundtables held by
the Health Committee in 2011 and 2012, was access to Naloxone
(Narcan).  Naloxone, sometimes referred to as the drug-overdose
antidote, counteracts the life threatening depression of the central
nervous system and respiratory system caused by an opioid or heroin
overdose.  If timely administered, Naloxone can prevent overdose
deaths. The Department of Health recommends administering Naloxone
directly to an individual overdosing on an opioid after calling 911
and checking for breathing.

In 2005, the state authorized non-medical persons to administer
Naloxone to an individual in order to prevent an opioid or heroin
overdose from becoming fatal. In 2011, the state adopted good


samaritan protections for witnesses and victims of overdoses. By
removing the threat of prosecution, this measure encourages witnesses
of an overdose to call 911 before it becomes deadly.

Due to the increase of opioid abuse, expanded access to Naloxone has
become a necessary priority to save lives. In Nassau County, EMTs
administer Naloxone through their police department's ambulance
services and in Suffolk County the state provided first responders
with Naloxone. Expanding upon the success of existing programs, more
lives could be saved if Naloxone was available to addicts, their
families and other people likely to be in a position to assist a
person at risk of an opioid related overdose. Currently, parents and
family members of addicts are being turned away from Naloxone training
programs or are attending the programs and not receiving Naloxone due
to the shortage of prescribers participating in such programs. Under
this legislation one prescriber would be able to issue a non-patient
specific order to numerous programs, allowing for increased access.
This legislation will also allow for expanded access through
pharmacies. By increasing access, this legislation will equip
individuals likely to discover an overdose victim with the ability to
save their life.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately

2013-S6477B (ACTIVE) - Bill Text download pdf

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

                                 6477--B
    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,  KENNEDY,   KRUEGER,   LANZA,   MARCHIONE,
  MARTINS, MONTGOMERY, PARKER, 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 -- again 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:

  Section 1. Section 3309 of the public health law, as added by  chapter
413 of the laws of 2005, is amended to read as follows:
  S  3309. Opioid overdose prevention. 1. The commissioner is authorized
to establish standards for approval of any  opioid  overdose  prevention
program,  AND  OPIOID  ANTAGONIST PRESCRIBING, DISPENSING, DISTRIBUTION,
POSSESSION  AND  ADMINISTRATION  PURSUANT  TO  THIS  SECTION  which  may
include,  but not be limited to, standards for program directors, appro-
priate clinical oversight, training, record keeping and reporting.
  2. Notwithstanding any inconsistent provisions of  section  sixty-five
hundred  twelve  of  the  education  law or any other law, the purchase,
acquisition, possession or use of an opioid antagonist pursuant to  this
section  shall  not  constitute the unlawful practice of a profession or
other violation under title eight of the education law or this article.
  3. (A) AS USED IN THIS SECTION:
  (I) "OPIOID ANTAGONIST" MEANS A DRUG APPROVED BY  THE  FOOD  AND  DRUG
ADMINISTRATION  THAT, WHEN ADMINISTERED, NEGATES OR NEUTRALIZES IN WHOLE
OR IN PART THE PHARMACOLOGICAL EFFECTS OF AN OPIOID IN THE BODY. "OPIOID
ANTAGONIST" SHALL BE LIMITED TO NALOXONE AND OTHER MEDICATIONS  APPROVED
BY THE DEPARTMENT FOR SUCH PURPOSE.
  (II) "HEALTH CARE PROFESSIONAL" MEANS A PERSON LICENSED, REGISTERED OR
AUTHORIZED  PURSUANT  TO  TITLE  EIGHT OF THE EDUCATION LAW TO PRESCRIBE
PRESCRIPTION DRUGS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD13628-05-4

S. 6477--B                          2

  (III) "PHARMACIST" MEANS A PERSON LICENSED OR AUTHORIZED  TO  PRACTICE
PHARMACY  PURSUANT  TO ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION
LAW.
  (IV)  "OPIOID  ANTAGONIST  RECIPIENT" OR "RECIPIENT" MEANS A PERSON AT
RISK OF EXPERIENCING AN OPIOID-RELATED OVERDOSE,  OR  A  FAMILY  MEMBER,
FRIEND  OR OTHER PERSON IN A POSITION TO ASSIST A PERSON EXPERIENCING OR
AT RISK OF EXPERIENCING AN OPIOID-RELATED OVERDOSE, OR  AN  ORGANIZATION
REGISTERED  AS  AN  OPIOID  OVERDOSE PREVENTION PROGRAM PURSUANT TO THIS
SECTION.
  (B)(I) A HEALTH CARE PROFESSIONAL MAY PRESCRIBE BY A  PATIENT-SPECIFIC
OR  NON-PATIENT-SPECIFIC  PRESCRIPTION, DISPENSE OR DISTRIBUTE, DIRECTLY
OR INDIRECTLY, AN OPIOID ANTAGONIST TO AN OPIOID ANTAGONIST RECIPIENT.
  (II) A  PHARMACIST  MAY  DISPENSE  AN  OPIOID  ANTAGONIST,  THROUGH  A
PATIENT-SPECIFIC  OR  NON-PATIENT-SPECIFIC PRESCRIPTION PURSUANT TO THIS
PARAGRAPH, TO AN OPIOID ANTAGONIST RECIPIENT.
  (III) AN OPIOID ANTAGONIST RECIPIENT MAY POSSESS AN OPIOID  ANTAGONIST
OBTAINED  PURSUANT  TO THIS PARAGRAPH, MAY DISTRIBUTE SUCH OPIOID ANTAG-
ONIST TO A RECIPIENT, AND MAY ADMINISTER SUCH  OPIOID  ANTAGONIST  TO  A
PERSON THE RECIPIENT REASONABLY BELIEVES IS EXPERIENCING AN OPIOID OVER-
DOSE.
  (IV) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT BE DEEMED TO REQUIRE A
PRESCRIPTION FOR ANY OPIOID ANTAGONIST THAT DOES NOT OTHERWISE REQUIRE A
PRESCRIPTION;  NOR SHALL IT BE DEEMED TO LIMIT THE AUTHORITY OF A HEALTH
CARE PROFESSIONAL TO PRESCRIBE, DISPENSE OR DISTRIBUTE, OR OF A  PHARMA-
CIST TO DISPENSE, AN OPIOID ANTAGONIST UNDER ANY OTHER PROVISION OF LAW.
  4.  Use  of  an  opioid  antagonist  pursuant to this section shall be
considered first aid or emergency treatment for the purpose of any stat-
ute relating to liability.
  [4.] A RECIPIENT OR OPIOID  OVERDOSE  PREVENTION  PROGRAM  UNDER  THIS
SECTION,  ACTING  REASONABLY  AND  IN GOOD FAITH IN COMPLIANCE WITH THIS
SECTION, SHALL NOT BE  SUBJECT  TO  CRIMINAL,  CIVIL  OR  ADMINISTRATIVE
LIABILITY SOLELY BY REASON OF SUCH ACTION.
  5.  The  commissioner shall publish findings on statewide opioid over-
dose data that reviews overdose death rates  and  other  information  to
ascertain  changes in the cause and rates of fatal opioid overdoses. The
report may be part of existing state mortality  reports  issued  by  the
department,  and  shall  be  submitted  annually [for three years and as
deemed necessary by the commissioner thereafter,] to the  governor,  the
temporary  president  of  the senate [and], the speaker of the assembly,
AND THE CHAIRS OF THE SENATE AND ASSEMBLY HEALTH COMMITTEES. The  report
shall include, at a minimum, the following information:
  (a)  information  on  opioid  overdose  deaths, including age, gender,
ethnicity, and geographic location;
  (b) data on emergency room utilization for  the  treatment  of  opioid
overdose;
  (c) data on utilization of pre-hospital services;
  (d)  [suggested  improvements in data collection.] DATA ON UTILIZATION
OF OPIOID ANTAGONISTS; AND
  (E) ANY OTHER INFORMATION NECESSARY TO ASCERTAIN THE  SUCCESS  OF  THE
PROGRAM AND WAYS TO FURTHER REDUCE OVERDOSES.
  S 2. This act shall take effect immediately.

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Senate Bill S6477B

Sponsored By

Archive: Last Bill Status - Signed by Governor

Mar 27, 2014 - Floor Vote

Floor Vote: Mar 27, 2014

Feb 4, 2014 - Health Committee Vote

Health Committee Vote: Feb 4, 2014

Bill Amendments

co-Sponsors

2013-S6477 - Details

2013-S6477 - Summary

2013-S6477 - Sponsor Memo

2013-S6477 - Bill Text download pdf

co-Sponsors

2013-S6477A - Details

2013-S6477A - Summary

2013-S6477A - Sponsor Memo

2013-S6477A - Bill Text download pdf

co-Sponsors

2013-S6477B (ACTIVE) - Details

2013-S6477B (ACTIVE) - Summary

2013-S6477B (ACTIVE) - Sponsor Memo

2013-S6477B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6477B

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

2013-S6477 - Details

2013-S6477 - Summary

2013-S6477 - Sponsor Memo

2013-S6477 - Bill Text download pdf

co-Sponsors

2013-S6477A - Details

2013-S6477A - Summary

2013-S6477A - Sponsor Memo

2013-S6477A - Bill Text download pdf

co-Sponsors

2013-S6477B (ACTIVE) - Details

2013-S6477B (ACTIVE) - Summary

2013-S6477B (ACTIVE) - Sponsor Memo

2013-S6477B (ACTIVE) - Bill Text download pdf

Comments