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

                                  9251

                          I N  A S S E M B L Y

                            February 5, 2016
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Health

AN ACT to amend the public health law, in relation to  the  distribution
  and 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 is amended by  adding
two new subdivisions 6 and 7 to read as follows:
  6.  (A)  EACH PERSON, ENTITY OR PHARMACIST THAT SELLS AND DISPENSES AT
RETAIL AN OPIOID ANTAGONIST IN A FORM THAT PROVIDES THE MEANS TO DIRECT-
LY ADMINISTER SUCH OPIOID ANTAGONIST TO A PERSON EXPERIENCING OR AT RISK
OF EXPERIENCING AN OPIOID-RELATED  OVERDOSE  SHALL,  ON  OR  BEFORE  THE
FIFTEENTH  OF  EACH MONTH, REPORT TO THE DEPARTMENT, THE TOTAL NUMBER OF
DOSES OF SUCH OPIOID ANTAGONISTS SOLD AND DISPENSED DURING THE  PREVIOUS
MONTH.
  (B)  EACH  HOSPITAL, DIAGNOSTIC AND TREATMENT CENTER, CLINIC, PRACTICE
COMPOSED OF A HEALTH CARE PROFESSIONAL  OR  HEALTH  CARE  PROFESSIONALS,
ENTITY  OR  PERSON  CERTIFIED OR OPERATING PURSUANT TO ARTICLE THIRTY OF
THIS  CHAPTER,  AND  ORGANIZATION  REGISTERED  AS  AN  OPIOID   OVERDOSE
PREVENTION  PROGRAM  SHALL,  ON  OR  BEFORE THE FIFTEENTH OF EACH MONTH,
REPORT TO THE DEPARTMENT THE TOTAL NUMBER OF DOSES OF OPIOID ANTAGONISTS
IT PURCHASED OR RECEIVED DURING THE PREVIOUS MONTH, THE TOTAL NUMBER  OF
DOSES  THEREOF  REMAINING  IN  ITS  INVENTORY AT THE END OF THE PREVIOUS
MONTH, AND TOTAL NUMBER OF DOSES OF OPIOID  ANTAGONISTS  DISTRIBUTED  TO
THE PUBLIC TO ACTUAL OR POTENTIAL ADMINISTRATION TO PERSONS EXPERIENCING
OR AT RISK OF EXPERIENCING AN OPIOID-RELATED OVERDOSE.
  (C) THE DEPARTMENT SHALL, FOR EACH CALENDAR QUARTER, ISSUE A REPORT TO
THE  GOVERNOR, THE LEGISLATURE AND THE PUBLIC ON THE AGGREGATE NUMBER OF
DOSES OF OPIOID ANTAGONISTS DISPENSED TO THE PUBLIC, AS REPORTED  PURSU-
ANT TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, ON A STATEWIDE BASIS,
BY COUNTY AND BY SOURCE OF THE PROVISION OF THE OPIOID ANTAGONIST.
  7.  (A) EACH PERSON AND OPIOID ANTAGONIST RECIPIENT WHO ADMINISTERS AN
OPIOID ANTAGONIST TO A PERSON WHO IS EXPERIENCING OR AT RISK OF  EXPERI-
ENCING  AN  OPIOID-RELATED OVERDOSE, OR WHO, IN HIS OR HER CAPACITY AS A

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

                                                           LBD13721-01-6

A. 9251                             2

HEALTH CARE PROVIDER, HAS REASON TO BELIEVE THAT  AN  OPIOID  ANTAGONIST
HAS  BEEN  ADMINISTERED  TO  A  PERSON EXPERIENCING OR WHO IS AT RISK OF
EXPERIENCING AN OPIOID-RELATED OVERDOSE, SHALL REPORT, IN SUCH MANNER OR
MANNERS  AS  SHALL  BE DETERMINED BY THE COMMISSIONER, TO THE DEPARTMENT
THE TIME, DATE, PLACE AND COUNTY OF SUCH  ADMINISTRATION  OF  AN  OPIOID
ANTAGONIST.  FURTHERMORE,  TO  THE EXTENT PRACTICABLE, SUCH REPORT SHALL
INCLUDE THE ETHNICITY, GENDER AND AGE OF THE  PERSON  WHO  RECEIVED  THE
ADMINISTRATION OF THE OPIOID ANTAGONIST.
  (B) THE DEPARTMENT SHALL ESTABLISH AND OPERATE AN ELECTRONIC DATABASE,
ACCESSIBLE TO THE PUBLIC, WHICH INCLUDES THE COMPILATION OF THE INFORMA-
TION REPORTED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law.  Provided,  however,
that,  effective  immediately,  any  actions  necessary to implement the
provisions of this act on its effective date are authorized and directed
to be completed on or before such effective date.