S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  348--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A. BRAUNSTEIN, FERNANDEZ, GOTTFRIED, CYMBROWITZ,
   JACOBSON, GRIFFIN,  REILLY,  J. M. GIGLIO,  TAGUE  --  read  once  and
   referred  to the Committee on Alcoholism and Drug Abuse -- recommitted
   to the Committee on Alcoholism  and  Drug  Abuse  in  accordance  with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  mental  hygiene  law,  in relation to providing
   discharged  patients  with  certain  educational  materials  regarding
   substance  use  disorders and   two doses of an opioid antagonist in a
   form approved for take home use;  to  amend  the  correction  law,  in
   relation to providing previously incarcerated individuals with certain
   educational materials regarding substance use disorders and  two doses
   of  an  opioid  antagonist  in  a form approved for take home use upon
   discharge from incarceration; 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. The mental hygiene law is amended by adding a  new  section
 32.40 to read as follows:
 § 32.40 EDUCATIONAL  MATERIALS FOR INDIVIDUALS WITH SUBSTANCE USE DISOR-
           DERS.
   (A) AN INDIVIDUAL DISCHARGED OR CONDITIONALLY RELEASED FROM  A  TREAT-
 MENT  PROGRAM  OPERATED  OR LICENSED BY THE OFFICE OF ADDICTION SERVICES
 AND SUPPORTS WHO HAS BEEN DIAGNOSED WITH A SUBSTANCE USE DISORDER  SHALL
 BE PROVIDED WITH EDUCATION MATERIALS THAT  ARE  CONSISTENT  WITH  EDUCA-
 TIONAL  MATERIALS  PROVIDED PURSUANT TO SUBDIVISION ONE OF SECTION TWEN-
 TY-EIGHT HUNDRED THREE-U OF THE PUBLIC HEALTH LAW.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03415-02-2
 A. 348--A                           2
              

 
   (B) SUCH PROGRAM SHALL ALSO 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 WHEN THE INDIVIDUAL IS LEAVING THE PROGRAM.
   §  2.  The  correction law is amended by adding a new section 149-a to
 read as follows:
   § 149-A. PREVIOUSLY INCARCERATED  INDIVIDUALS  WITH  A  SUBSTANCE  USE
 DISORDER.    THE  DEPARTMENT SHALL REQUIRE EACH CORRECTIONAL FACILITY TO
 PROVIDE INCARCERATED INDIVIDUALS WHO, ACCORDING TO THE  RECORDS  OF  THE
 DEPARTMENT,  HAVE  BEEN DIAGNOSED WITH A SUBSTANCE USE DISORDER WHILE AT
 SUCH FACILITY WITH THE FOLLOWING UPON RELEASE: (I) EDUCATIONAL MATERIALS
 CONSISTENT WITH SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED  THREE-U
 OF  THE PUBLIC HEALTH LAW; AND (II) TWO DOSES OF AN OPIOID ANTAGONIST IN
 A FORM APPROVED FOR TAKE HOME USE BY THE FEDERAL FOOD AND DRUG  ADMINIS-
 TRATION.
   § 3. The correction law is amended by adding a new section 511 to read
 as follows:
   § 511. PREVIOUSLY INCARCERATED INDIVIDUALS WITH A SUBSTANCE USE DISOR-
 DER.  THE COMMISSIONER SHALL REQUIRE EACH LOCAL CORRECTIONAL FACILITY TO
 PROVIDE INCARCERATED INDIVIDUALS WHO, ACCORDING TO THE  RECORDS  OF  THE
 JAIL,  HAVE  BEEN  DIAGNOSED WITH A SUBSTANCE USE DISORDER WHILE AT SUCH
 FACILITY WITH THE FOLLOWING UPON RELEASE:
   1. EDUCATIONAL MATERIALS CONSISTENT WITH SUBDIVISION  ONE  OF  SECTION
 TWENTY-EIGHT HUNDRED THREE-U OF THE PUBLIC HEALTH LAW; AND
   2.  TWO DOSES OF AN OPIOID ANTAGONIST IN A FORM APPROVED FOR TAKE HOME
 USE BY THE FEDERAL FOOD AND DRUG ADMINISTRATION.
   § 4. 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.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.