S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9383
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT to amend the public health law, in relation to prehospital emer-
   gency medical services for individuals in substance use recovery
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Legislative intent. The legislature hereby finds that emer-
 gency personnel are trained to look for intoxication, but not trained to
 ask  a  patient  if they identify as a person in substance use recovery.
 People in recovery work extremely hard to maintain recovery  and  should
 not  be  placed  in a situation where their recovery is compromised. The
 legislature finds that emergency personnel need to be trained in how  to
 communicate the risks of certain medications that could compromise their
 recovery and what possible alternatives are available.
   §  2.  The public health law is amended by adding a new section 3000-e
 to read as follows:
   § 3000-E. PREHOSPITAL EMERGENCY MEDICAL SERVICES; SUBSTANCE USE RECOV-
 ERY. 1. THE DEPARTMENT, THE STATE  COUNCIL,  AND  THE  REGIONAL  COUNCIL
 SHALL INCLUDE IN THEIR POLICIES, PROCEDURES, AND PROTOCOLS FOR PREHOSPI-
 TAL  EMERGENCY  MEDICAL  SERVICES  AND TRANSPORTATION, STANDARDS FOR THE
 ASSESSMENT AND TREATMENT  OF  PATIENTS  WHO  IDENTIFY  AS  A  PERSON  IN
 SUBSTANCE  USE  RECOVERY. SUCH POLICIES, PROCEDURES, AND PROTOCOLS SHALL
 INCLUDE POINT-OF-ENTRY CRITERIA AND PLANS FOR THE TRIAGE  AND  TRANSPORT
 OF  INDIVIDUALS  WHO  IDENTIFY AS A PERSON IN SUBSTANCE USE RECOVERY. AT
 MINIMUM SUCH POLICIES, PROCEDURES, AND PROTOCOLS SHALL REQUIRE EMERGENCY
 MEDICAL SERVICES AND TRANSPORTATION PROVIDERS TO COMMUNICATE TO INDIVID-
 UALS WHO IDENTIFY AS A PERSON IN SUBSTANCE USE  RECOVERY  THE  RISKS  OF
 CERTAIN  MEDICATIONS THAT COULD COMPROMISE SUCH INDIVIDUALS' RECOVERY BY
 OFFERING ALTERNATE OPTIONS FOR TREATMENT AND INFORMING THE HOSPITAL THAT
 SUCH INDIVIDUAL IDENTIFIES AS A PERSON IN SUBSTANCE USE RECOVERY.
   2. BEGINNING UPON THE EFFECTIVE DATE OF THIS SECTION, THE  DEPARTMENT,
 THE  STATE  COUNCIL,  AND THE REGIONAL COUNCIL SHALL ANNUALLY REVIEW AND
 UPDATE, IF APPROPRIATE, THEIR POLICIES, PROCEDURES,  AND  PROTOCOLS  FOR
 PREHOSPITAL  EMERGENCY  MEDICAL  SERVICES  AND  TRANSPORTATION TO ENSURE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13280-01-1
 A. 9383                             2
 
 INDIVIDUALS WHO IDENTIFY AS A  PERSON  IN  SUBSTANCE  USE  RECOVERY  ARE
 RECEIVING ADEQUATE INFORMATION PRIOR TO TREATMENT.
   §  3. Section 3053 of the public health law, as amended by chapter 445
 of the laws of 1993, is amended to read as follows:
   § 3053. Reporting. 1. Advanced life support  first  response  services
 and ambulance services registered or certified pursuant to article thir-
 ty  of  this  chapter shall submit detailed individual call reports on a
 form to be provided by the department, or may submit data electronically
 in a format approved by the department.   The  state  emergency  medical
 services council, with the approval of the commissioner, may adopt rules
 and  regulations permitting or requiring ambulance services whose volume
 exceeds twenty thousand calls per year to submit call report data  elec-
 tronically.   Such rules shall define the data elements to be submitted,
 and may include requirements that assure availability  of  data  to  the
 regional emergency medical advisory committee.
   2. SUCH INDIVIDUAL CALL REPORT FORM, AND SUCH FORM'S ALTERNATIVE ELEC-
 TRONIC  FORMAT,  SHALL  INCLUDE  WHETHER  AN  INDIVIDUAL IDENTIFIES AS A
 PERSON IN SUBSTANCE USE RECOVERY AND, IF KNOWN, SUCH  INDIVIDUAL'S  TYPE
 OF ADDICTION DISEASE.
   § 4. This act shall take effect immediately.