S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8541
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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:
 
   Section  1.  Section  29.15  of  the  mental hygiene law is amended by
 adding a new subdivision (o) to read as follows:
   (O) 1. A PATIENT ABOUT TO BE DISCHARGED OR CONDITIONALLY RELEASED FROM
 AN INPATIENT FACILITY OPERATED OR LICENSED BY THE OFFICE  OF  ALCOHOLISM
 AND  SUBSTANCE  ABUSE SERVICES AND WHO HAS BEEN DIAGNOSED WITH AN OPIOID
 USE DISORDER SHALL PROVIDE SUCH PATIENT WITH AN OPIOID  OVERDOSE  EDUCA-
 TION THAT:
   (I)  CONFORMS  TO  DEPARTMENT OF HEALTH OR FEDERAL SUBSTANCE ABUSE AND
 MENTAL HEALTH SERVICES ADMINISTRATION  GUIDELINES  FOR  OPIOID  OVERDOSE
 EDUCATION;
   (II) EXPLAINS THE CAUSES OF AN OPIOID OVERDOSE;
   (III)  INSTRUCTS WHEN AND HOW TO ADMINISTER IN ACCORDANCE WITH MEDICAL
 BEST PRACTICES BOTH:
   (A) LIFE-SAVING RESCUE TECHNIQUES; AND
   (B) AN OPIOID ANTAGONIST; AND
   (IV) EXPLAINS HOW TO CONTACT APPROPRIATE EMERGENCY MEDICAL SERVICES.
   2. SUCH FACILITY SHALL ALSO PROVIDE THE  PATIENT  AS  THEY  LEAVE  THE
 FACILITY WITH:
   (I) TWO DOSES OF AN OPIOID ANTAGONIST IN A FORM APPROVED FOR TAKE HOME
 USE BY THE FEDERAL FOOD AND DRUG ADMINISTRATION; AND
   (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
 
   §  2.  The  correction law is amended by adding a new section 149-a to
 read as follows:
   §  149-A. RELEASED INMATES WITH OPIOID USE DISORDER. 1. UPON DISCHARGE
 OF AN INMATE WHO HAS BEEN DIAGNOSED WITH AN OPIOID USE DISORDER  FROM  A
 CORRECTIONAL  FACILITY,  REGARDLESS  OF WHETHER THAT INMATE HAS RECEIVED
 TREATMENT FOR THAT DISORDER, THE DEPARTMENT SHALL  PROVIDE  SUCH  INMATE
 WITH AN OPIOID OVERDOSE EDUCATION THAT:
   (A)  CONFORMS  TO  DEPARTMENT OF HEALTH OR FEDERAL SUBSTANCE ABUSE AND
 MENTAL HEALTH SERVICES ADMINISTRATION  GUIDELINES  FOR  OPIOID  OVERDOSE
 EDUCATION;
   (B) EXPLAINS THE CAUSES OF AN OPIOID OVERDOSE;
   (C)  INSTRUCTS  WHEN  AND HOW TO ADMINISTER IN ACCORDANCE WITH MEDICAL
 BEST PRACTICES BOTH:
   (I) LIFE-SAVING RESCUE TECHNIQUES; AND
   (II) AN OPIOID ANTAGONIST; AND
   (D) EXPLAINS HOW TO CONTACT APPROPRIATE EMERGENCY MEDICAL SERVICES.
   2. SUCH FACILITY SHALL ALSO PROVIDE  THE  INMATE  AS  THEY  LEAVE  THE
 FACILITY WITH:
   (A) TWO DOSES OF AN OPIOID ANTAGONIST IN A FORM APPROVED FOR TAKE HOME
 USE BY THE FEDERAL FOOD AND DRUG ADMINISTRATION; AND
   (B) A PRESCRIPTION FOR AN OPIOID ANTAGONIST.
   §  3.  Subdivision  3  of  section 2803-u of the public health law, as
 added by section 1 of part C of chapter 70  of  the  laws  of  2016,  is
 amended to read as follows:
   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
 emergency department, such hospital shall: (A) 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;  AND  (B)  PROVIDE  THE  INDIVIDUAL WITH TWO DOSES OF AN OPIOID
 ANTAGONIST IN A FORM APPROVED FOR TAKE HOME USE BY THE FEDERAL FOOD  AND
 DRUG ADMINISTRATION.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.