NY State Senate Bill 2015-S8138

Senate Bill S8138

Signed By Governor

2015-2016 Legislative Session

Relates to providing limited exemptions from professional misconduct, reporting opioid overdose data to the counties, and hospital substance use disorder policies and procedures

download bill text pdf

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 22, 2016	signed chap.70
Jun 21, 2016	delivered to governor
Jun 17, 2016	returned to senate passed assembly ordered to third reading rules cal.486 substituted for a10726
Jun 16, 2016	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1895
Jun 13, 2016	referred to rules

Votes

- Jun 16, 2016 - Floor Vote
  S8138
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 16, 2016
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (1)
      
      Diaz
  Jun 16, 2016 - Rules Committee Vote
  S8138
  
  24
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 16, 2016
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Parker

co-Sponsors

View additional co-sponsors

2015-S8138 (ACTIVE) - Details

See Assembly Version of this Bill:: A10726
Law Section:: Education Law
Laws Affected:: Add §6509-d, Ed L; amd §3309, add §2803-u, Pub Health L

2015-S8138 (ACTIVE) - Summary

Relates to providing limited exemptions from professional misconduct (Part A); relates to reporting opioid overdose data to the counties (Part B); relates to hospital substance use disorder policies and procedures (Part C).

2015-S8138 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S8138

 TITLE OF BILL :  An act to amend the education law, in relation to
providing limited exemptions from professional misconduct (Part A); to
amend the public health law, in relation to reporting opioid overdose
data to the counties (Part B); and to amend the public health law, in
relation to hospital substance use disorder policies and procedures
(Part C)

 PURPOSE OF THE BILL :

This bill would 1) empower professionals to administer emergency
assistance to individuals, 2) require enhanced data collection and
reporting on heroin and opioid overdoses and 3) require hospitals to
educate individuals about available treatment services.

 SUMMARY OF PROVISIONS :

Part A

Section 1 would amend the education law by adding a new § 6509-d to
allow certain trained licensed professionals, such as social workers,
to administer opioid overdose reversal medication without risk to
their professional license.

Section 2 would make the bill effective immediately.

Part B

Section 1 would amend Pub. Health L. § 3309(6) to require the state
Commissioner of Health to collect and publish data related to opioid
overdose and the administration of medication to reverse opioid
overdose on a quarterly basis.

Section 2 would establish the effective date of the bill.

Part C

Section 1 would require hospitals to develop discharge protocol for
continuum of care services for individuals suffering from substance
use disorder by amending the Public Health Law to require: (i) the
establishment of hospital substance use disorder policies and
procedures; (ii) the office of alcoholism and substance abuse services
to create informational materials to be disseminated to patients upon
their discharge from a hospital; and (iii) general hospitals to
develop, maintain, and disseminate written policies and procedures for
the identification, assessment, and referral of individuals with a
substance use disorder.

Section 2 would make this act effective on the 18e day after
enactment.

 STATEMENT IN SUPPORT :

This bill would enact a number of initiatives to address the State's
current heroin and opioid crisis:

Part A

Opioid overdose reversal medication or opioid antagonists are proven
to help stop the effects of an opioid overdose. It is critical to the
state's fight of this epidemic to ensure that more trained
professionals, like social workers, be able to administer opioid
antagonists in emergency situations without the fear of being charged
with professional misconduct. This bill would extend this

authorization to additional professionals covered under Title 8 of the
Education Law.

Part B

Opioid overdose reversal medications are increasingly being
administered to revive individuals, yet the reporting data is severely
under reported. In order for a community to be able to effectively
combat the heroin problem within its borders, they need to know how
pervasive the problem has become. This bill would require the
Department of Health to collect and disseminate such data on a
quarterly basis in order to strengthen the state's response to the
epidemic.

Part C

In many instances, individuals who have been admitted to a hospital
emergency room for the treatment of an opioid overdose are simply
stabilized and released, without the provision of treatment
information or additional follow-up. However, continuous access to
appropriate treatment and services is critical for an individual to
have any chance to overcome an addiction.

This bill would require all hospitals to have policies and procedures
in place to ensure that individuals they treat for substance use
disorder are given the best chance to avoid relapse. These policies
and procedures would inform patients that have, or are at risk of
having, substance use disorder of available treatment services,
including the on-call peer program to ensure a continuum of care.

 BUDGET IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately provided, however, that the
applicable effective date of Parts A through C of this act shall be as
specifically set forth in the last section of such Parts.

2015-S8138 (ACTIVE) - Bill Text download pdf

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

                                  8138

                            I N  S E N A T E

                              June 14, 2016
                               ___________

Introduced by Sen. AMEDORE -- (at request of the Governor) -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Rules

AN  ACT  to  amend  the  education law, in relation to providing limited
  exemptions from professional misconduct (Part A); to amend the  public
  health law, in relation to reporting opioid overdose data to the coun-
  ties  (Part  B);  and  to  amend the public health law, in relation to
  hospital substance use disorder policies and procedures (Part C)

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

  Section  1.  This  act enacts into law major components of legislation
related to addressing the issue of heroin and  opioid  addictions.  Each
component  is  wholly  contained  within  a  Part  identified as Parts A
through C. The effective date for each  particular  provision  contained
within  such  Part  is  set  forth in the last section of such Part. Any
provision in any section contained within a Part, including  the  effec-
tive  date  of  the  Part, which makes a reference to a section "of this
act", when used in connection with that particular component,  shall  be
deemed  to  mean  and  refer to the corresponding section of the Part in
which it is found. Section three of this  act  sets  forth  the  general
effective date of this act.

                                 PART A

  Section 1. The education law is amended by adding a new section 6509-d
to read as follows:
  S  6509-D.  LIMITED  EXEMPTION FROM PROFESSIONAL MISCONDUCT.  NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  IT  SHALL  NOT  BE
CONSIDERED  PROFESSIONAL MISCONDUCT PURSUANT TO THIS SUB-ARTICLE FOR ANY
PERSON  WHO  IS LICENSED UNDER TITLE EIGHT OF THIS CHAPTER AND WHO WOULD
OTHERWISE BE PROHIBITED FROM PRESCRIBING OR ADMINISTERING DRUGS PURSUANT
TO THE ARTICLE THAT LICENSES SUCH INDIVIDUAL, TO  ADMINISTER  AN  OPIOID
ANTAGONIST IN THE EVENT OF AN EMERGENCY.
  S 2. This act shall take effect immediately.

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

                                                           LBD12079-01-6

S. 8138                             2

                                 PART B

  Section  1. Subdivision 6 of section 3309 of the public health law, as
added by a chapter of the laws of 2016 amending the  public  health  law
relating  to  reporting of opioid overdose data, as proposed in legisla-
tive bills numbers S.6516-A and A.9251-A, is amended to read as follows:
  6. The commissioner shall provide the  current  information  and  data
specified  in  subdivision  five  of  this  section to each county [on a
monthly basis] EVERY THREE MONTHS. Such  information  and  data  may  be
utilized  by  a county or any combination thereof as it works to address
the opioid epidemic.
  S 2. This act shall take effect on the  same  date  and  in  the  same
manner  as  a chapter of the laws of 2016 amending the public health law
relating to reporting of opioid overdose data, as proposed  in  legisla-
tive  bills  numbers  S.6516-A and A.9251-A, takes effect; provided that
the amendments to subdivision 6 of section 3309  of  the  public  health
law, made by section one of this act, shall not affect the expiration of
such subdivision, and shall be deemed repealed therewith.

                                 PART C

  Section  1.  The  public health law is amended by adding a new section
2803-u to read as follows:
  S 2803-U. HOSPITAL SUBSTANCE USE DISORDER POLICIES AND PROCEDURES.  1.
THE  OFFICE  OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, IN CONSULTATION
WITH THE DEPARTMENT, SHALL DEVELOP OR UTILIZE EXISTING EDUCATIONAL MATE-
RIALS TO BE PROVIDED TO GENERAL HOSPITALS TO DISSEMINATE TO  INDIVIDUALS
WITH  A DOCUMENTED SUBSTANCE USE DISORDER OR WHO APPEAR TO HAVE OR BE AT
RISK FOR A SUBSTANCE USE DISORDER DURING DISCHARGE PLANNING PURSUANT  TO
SECTION  TWENTY-EIGHT  HUNDRED  THREE-I  OF THIS CHAPTER. SUCH MATERIALS
SHALL INCLUDE INFORMATION REGARDING THE VARIOUS TYPES OF  TREATMENT  AND
RECOVERY  SERVICES, INCLUDING BUT NOT LIMITED TO: INPATIENT, OUTPATIENT,
AND MEDICATION-ASSISTED TREATMENT; HOW TO RECOGNIZE THE NEED FOR  TREAT-
MENT  SERVICES;  INFORMATION  FOR INDIVIDUALS TO DETERMINE WHAT TYPE AND
LEVEL OF TREATMENT IS MOST APPROPRIATE AND WHAT RESOURCES ARE  AVAILABLE
TO THEM; AND ANY OTHER INFORMATION THE COMMISSIONER DEEMS APPROPRIATE.
  2. EVERY GENERAL HOSPITAL SHALL: (A) WITHIN EXISTING OR IN ADDITION TO
CURRENT  POLICIES  AND  PROCEDURES,  DEVELOP,  MAINTAIN AND DISSEMINATE,
WRITTEN POLICIES AND PROCEDURES, FOR THE IDENTIFICATION, ASSESSMENT  AND
REFERRAL  OF INDIVIDUALS WITH A DOCUMENTED SUBSTANCE USE DISORDER OR WHO
APPEAR TO HAVE OR BE AT RISK FOR A SUBSTANCE USE DISORDER AS DEFINED  IN
SECTION 1.03 OF THE MENTAL HYGIENE LAW;
  (B)  ESTABLISH  AND IMPLEMENT TRAINING, WITHIN EXISTING OR IN ADDITION
TO CURRENT TRAINING PROGRAMS, FOR ALL INDIVIDUALS LICENSED OR  CERTIFIED
PURSUANT  TO TITLE EIGHT OF THE EDUCATION LAW WHO PROVIDE DIRECT PATIENT
CARE REGARDING THE POLICIES AND PROCEDURES ESTABLISHED PURSUANT TO  THIS
SECTION; AND
  (C)  EXCEPT  WHERE  AN  INDIVIDUAL  HAS  COME  INTO THE HOSPITAL UNDER
SECTION 22.09 OF THE MENTAL  HYGIENE  LAW,  IF  THE  HOSPITAL  DOES  NOT
DIRECTLY  PROVIDE  SUBSTANCE  USE DISORDER SERVICES, THEN IT SHALL REFER
INDIVIDUALS IN NEED OF SUBSTANCE USE DISORDER SERVICES TO AND COORDINATE
WITH SUBSTANCE USE DISORDER SERVICES PROGRAMS  THAT  PROVIDE  BEHAVIORAL
HEALTH SERVICES, AS DEFINED IN SECTION 1.03 OF THE MENTAL HYGIENE LAW.
  3. UPON COMMENCEMENT OF TREATMENT, ADMISSION, OR DISCHARGE OF AN INDI-
VIDUAL  WITH  A DOCUMENTED SUBSTANCE USE DISORDER OR WHO APPEARS TO HAVE
OR BE AT RISK FOR A SUBSTANCE USE DISORDER, INCLUDING DISCHARGE FROM THE

S. 8138                             3

EMERGENCY DEPARTMENT, SUCH HOSPITAL SHALL INFORM THE INDIVIDUAL  OF  THE
AVAILABILITY  OF  THE SUBSTANCE USE DISORDER TREATMENT SERVICES THAT MAY
BE AVAILABLE TO THEM THROUGH A SUBSTANCE USE DISORDER SERVICES PROGRAM.
  4.  THE  COMMISSIONER,  IN  CONSULTATION  WITH THE COMMISSIONER OF THE
OFFICE OF ALCOHOLISM AND SUBSTANCE  ABUSE  SERVICES,  SHALL  MAKE  REGU-
LATIONS  AS  MAY  BE NECESSARY AND PROPER TO CARRY OUT THE PROVISIONS OF
THIS SECTION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that the commissioner  of
health  and  the commissioner of alcoholism and substance abuse services
shall make regulations and take other actions  reasonably  necessary  to
implement this act on such date.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Parts A through C of this act shall be
as specifically set forth in the last section of such Parts.

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