NY State Senate Bill 2021-S4359B

Archive: Last Bill Status - In Senate Committee Health Committee

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 19, 2022	print number 4359b
Jan 19, 2022	amend and recommit to health
Jan 05, 2022	referred to health returned to senate died in assembly
Jun 02, 2021	referred to alcoholism and drug abuse delivered to assembly passed senate
May 26, 2021	ordered to third reading cal.1331 committee discharged and committed to rules
May 05, 2021	print number 4359a
May 05, 2021	amend (t) and recommit to health
Feb 03, 2021	referred to health

Votes

- Jun 2, 2021 - Floor Vote
  S4359B
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 2, 2021
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  May 26, 2021 - Rules Committee Vote
  S4359B
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 26, 2021
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Stewart-Cousins
      
      aye wr (1)
      
      Gallivan

Bill Amendments

Original

B (Active)

2021-S4359 - Details

See Assembly Version of this Bill:: A7354
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2803-u, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: S3348, A4436

2021-S4359 - Summary

Refers individuals to appropriate service providers that are able to provide services to such individual within seventy-two hours for substance use disorders.

2021-S4359 - Sponsor Memo

                                
 
BILL NUMBER: S4359

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the public health law, in relation to connecting indi-
viduals with appropriate service providers for substance use disorders

 
PURPOSE:

Connects individuals with appropriate service providers for substance
use disorders.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 2803-u of the public health law requiring that
the office of addiction services and supports, in consultation with the
department, shall develop or utilize existing education materials to be
provided to general hospitals to disseminate to individuals with a docu-
ments 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 article.

Section 2 requires that general hospitals are to offer treatment,
including medication assisted treatment, to the individual within seven-
ty-two hours, provided, further, that every hospital shall immediately
address symptoms of with-drawal. Additionally, if the individual refuses
services then the hospital shall actually connect individuals in need of
substance use disorder services to an appropriate service provider,
including a hypodermic syringe and needle exchange program.

Section 3 requires that when an individual 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 hospi-
tal shall inform the individual of the availability of the substance use
disorder treatment services that be available to them through substance
use disorder or harm reduction services program and if requested,
connect the individual to the appropriate services.  Such efforts to
connect the individual shall be documented.

Section 4 states that the commissioner, in consultation with the commis-
sioner of OASAS, shall make. regulations as necessary and proper to
carry out the provisions of this section.

Section 5 states the effective date.

 
JUSTIFICATION:

According to the CDC over 81,000 drug overdose deaths occurred in the
United States in the last 12 months ending in May 2020. This is the
highest number of overdose within a 12 month period. The latest numbers
suggest an acceleration of overdose during the COVID-19 pandemic who
need to do more to help those who are suffering with substance use
disorder get connected to the care they need.  There should be no wrong
door to enter treatment. If someone is admitted to the hospital at risk
of suffering from addiction everything should be done to make sure that
the individual gets connected to services that can help them. This
legislation seeks to help prevent overdose deaths and assist those who

are seeking treatment to find providers by requiring that general hospi-
tals provide education and connect them with service providers.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2021-S4359 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4359
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to  connecting  indi-
   viduals with appropriate service providers for substance use disorders
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2803-u of  the  public  health  law,  as  added  by
 section  1 of part C of chapter 70 of the laws of 2016 and subdivision 1
 as amended by section 1 of subpart B of part BB of  chapter  57  of  the
 laws of 2019, is amended to read as follows:
   §  2803-u. Hospital substance use disorder policies and procedures. 1.
 The office of [alcoholism and substance abuse]  ADDICTION  services  AND
 SUPPORTS,  in consultation with the department, shall develop or utilize
 existing educational materials 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 article. Such materials shall  include  information  regarding  the
 various  types  of  HARM  REDUCTION,  treatment,  and recovery services,
 including but not limited to:  OVERDOSE PREVENTION AND SYRINGE  EXCHANGE
 SERVICES;  inpatient, outpatient, and medication-assisted treatment; how
 to recognize the need for treatment  OR  OTHER  SUBSTANCE  USE  DISORDER
 services;  information  for individuals to determine what type and level
 of CARE OR treatment is most appropriate and what resources  are  avail-
 able to them; and any other information the commissioner deems appropri-
 ate.  General  hospitals  shall include in their policies and procedures
 treatment protocols, consistent with medical standards, to  be  utilized
 by  the  emergency  departments in general hospitals for the appropriate
 use of medication-assisted treatment, including buprenorphine, prior  to
 discharge,  or  referral protocols for evaluation of medication-assisted
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07208-01-1

 S. 4359                             2
 
 treatment when initiation in an emergency department of a general hospi-
 tal is not feasible.
   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, AND  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. EXCEPT AS PROVIDED IN
 PARAGRAPH  (C)  OF  THIS SUBDIVISION, SUCH POLICIES AND PROCEDURES SHALL
 REQUIRE EVERY HOSPITAL TO OFFER TREATMENT, INCLUDING MEDICATION ASSISTED
 TREATMENT,  TO  THE  INDIVIDUAL  WITHIN  SEVENTY-TWO  HOURS,   PROVIDED,
 FURTHER, THAT EVERY HOSPITAL SHALL IMMEDIATELY ADDRESS SYMPTOMS OF WITH-
 DRAWAL;
   (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, OR THE INDIVIDUAL
 REFUSES SERVICES, then [it] THE HOSPITAL shall [refer] ACTUALLY  CONNECT
 SUCH  individuals  in  need  of  substance use disorder services to [and
 coordinate with substance use disorder services programs] AN APPROPRIATE
 SERVICE PROVIDER that [provide] PROVIDES behavioral health services,  as
 defined  in  section  1.03  of  the  mental hygiene law, OR A HYPODERMIC
 SYRINGE AND NEEDLE  EXCHANGE  PROGRAM  AUTHORIZED  PURSUANT  TO  SECTION
 80.135  OF  PART  80  OF TITLE 10 OF THE NEW YORK STATE CODES, RULES AND
 REGULATIONS, THAT HAS THE ABILITY TO PROVIDE SERVICES TO THE  INDIVIDUAL
 WITHIN SEVENTY-TWO HOURS.
   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 inform the individual  of  the
 availability  of  the substance use disorder treatment services that may
 be available to them through a substance use disorder OR HARM  REDUCTION
 services program AND, IF REQUESTED, CONNECT THE INDIVIDUAL TO THE APPRO-
 PRIATE  SERVICES.  SUCH EFFORTS TO CONNECT THE INDIVIDUAL SHALL BE DOCU-
 MENTED.
   4. The commissioner, in consultation  with  the  commissioner  of  the
 office  of  [alcoholism  and  substance  abuse]  ADDICTION  services AND
 SUPPORTS, shall make regulations as may be necessary and proper to carry
 out the provisions of this section.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.

2021-S4359A - Details

See Assembly Version of this Bill:: A7354
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2803-u, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: S3348, A4436

2021-S4359A - Summary

Refers individuals to appropriate service providers that are able to provide services to such individual within seventy-two hours for substance use disorders.

2021-S4359A - Sponsor Memo

                                
 
BILL NUMBER: S4359A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the public health law, in relation to referring individ-
uals to appropriate service providers for substance use disorders

 
PURPOSE:

Connects individuals with appropriate service providers for substance
use disorders.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 2803-u of the public health law requiring that
the office of addiction services and supports, in consultation with the
department, shall develop or utilize existing education materials to be
provided to general hospitals to disseminate to individuals with a docu-
mented 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 article.

Section 2 requires that general hospitals are to offer treatment,
including medication assisted treatment when deemed necessary, to the
individual within seventy-two hours, provided, further, that every
hospital shall immediately address symptoms of withdrawal.  Addi-
tionally, if the individual refuses services then the hospital shall
actually connect individuals in need of substance use disorder services
to an appropriate service provider, including a hypodermic syringe and
needle exchange program.

Section 3 requires that when an individual 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 hospi-
tal shall inform the individual of the availability of the substance use
disorder treatment services that be available to them through substance
use disorder or harm reduction services program and if requested,
connect the individual to the appropriate services.  Such efforts to
connect the individual shall be documented in such individual's medical
record.

Section 4 states that the commissioner, in consultation with the commis-
sioner of OASAS, shall make regulations as necessary and proper to carry
out the provisions of this section.

Section 5 states the effective date.

 
JUSTIFICATION:

According to the CDC over 81,000 drug overdose deaths occurred in the
United States in the last 12 months ending in May 2020. This is the
highest number of overdose within a 12 month period. The latest numbers
suggest an acceleration of overdose during the COVID-19 pandemic. We
need to do more to help those who are suffering with substance use
disorder get connected to the care they need.

There should be no wrong door to enter treatment. If someone is admitted
to the hospital at risk of suffering from addiction everything should be
done to make sure that the individual gets connected to services that
can help them. This legislation seeks to help prevent overdose deaths
and assist those who are seeking treatment to find providers by requir-
ing that general hospitals provide education and connect them with
service providers.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2021-S4359A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4359--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the public health law, in relation to referring individ-
   uals to appropriate service providers for substance use disorders
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2803-u of  the  public  health  law,  as  added  by
 section  1 of part C of chapter 70 of the laws of 2016 and subdivision 1
 as amended by section 1 of subpart B of part BB of  chapter  57  of  the
 laws of 2019, is amended to read as follows:
   §  2803-u. Hospital substance use disorder policies and procedures. 1.
 The office of [alcoholism and substance abuse]  ADDICTION  services  AND
 SUPPORTS,  in consultation with the department, shall develop or utilize
 existing educational materials 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 article. Such materials shall  include  information  regarding  the
 various  types  of  HARM  REDUCTION,  treatment,  and recovery services,
 including but not limited to:  OVERDOSE PREVENTION AND SYRINGE  EXCHANGE
 SERVICES;  inpatient, outpatient, and medication-assisted treatment; how
 to recognize the need for treatment  OR  OTHER  SUBSTANCE  USE  DISORDER
 services;  information  for individuals to determine what type and level
 of CARE OR treatment is most appropriate and what resources  are  avail-
 able to them; and any other information the commissioner deems appropri-
 ate.  General  hospitals  shall include in their policies and procedures
 treatment protocols, consistent with medical standards, to  be  utilized
 by  the  emergency  departments in general hospitals for the appropriate
 use of medication-assisted treatment, including buprenorphine, prior  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07208-02-1

 S. 4359--A                          2
 
 discharge,  or  referral protocols for evaluation of medication-assisted
 treatment when initiation in an emergency department of a general hospi-
 tal is not feasible.
   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, AND  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. EXCEPT AS PROVIDED IN
 PARAGRAPH  (C)  OF  THIS SUBDIVISION, SUCH POLICIES AND PROCEDURES SHALL
 REQUIRE EVERY HOSPITAL TO OFFER TREATMENT, INCLUDING MEDICATION ASSISTED
 TREATMENT WHEN DEEMED NECESSARY, TO THE  INDIVIDUAL  WITHIN  SEVENTY-TWO
 HOURS  OF SUCH INDIVIDUAL BEING DIAGNOSED WITH A SUBSTANCE USE DISORDER,
 PROVIDED, FURTHER, THAT EVERY HOSPITAL SHALL IMMEDIATELY  ADDRESS  SYMP-
 TOMS OF WITHDRAWAL;
   (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, OR THE INDIVIDUAL
 REFUSES SERVICES, then [it] THE HOSPITAL shall refer SUCH individuals in
 need  of  substance  use  disorder  services  to  [and  coordinate  with
 substance use disorder services programs] AN APPROPRIATE SERVICE PROVID-
 ER  that  [provide]  PROVIDES  behavioral health services, as defined in
 section 1.03 of the mental hygiene law,  OR  A  HYPODERMIC  SYRINGE  AND
 NEEDLE EXCHANGE PROGRAM AUTHORIZED PURSUANT TO SECTION 80.135 OF PART 80
 OF TITLE 10 OF THE NEW YORK STATE CODES, RULES AND REGULATIONS, THAT HAS
 THE  ABILITY  TO  PROVIDE  SERVICES TO THE INDIVIDUAL WITHIN SEVENTY-TWO
 HOURS.
   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 inform the individual of the
 availability of the substance use disorder treatment services  that  may
 be  available to them through a substance use disorder OR HARM REDUCTION
 services program AND, IF REQUESTED, REFER THE INDIVIDUAL TO  THE  APPRO-
 PRIATE  SERVICES.  SUCH  EFFORTS  TO REFER THE INDIVIDUAL SHALL BE DOCU-
 MENTED IN SUCH INDIVIDUAL'S MEDICAL RECORD.
   4. The commissioner, in consultation  with  the  commissioner  of  the
 office  of  [alcoholism  and  substance  abuse]  ADDICTION  services AND
 SUPPORTS, shall make regulations as may be necessary and proper to carry
 out the provisions of this section.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.

2021-S4359B (ACTIVE) - Details

See Assembly Version of this Bill:: A7354
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2803-u, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: S3348, A4436

2021-S4359B (ACTIVE) - Summary

Refers individuals to appropriate service providers that are able to provide services to such individual within seventy-two hours for substance use disorders.

2021-S4359B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4359B

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the public health law, in relation to referring individ-
uals to appropriate service providers for substance use disorders

 
PURPOSE:

Connects individuals with appropriate service providers for substance
use disorders.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 2803-u of the public health law requiring that
the office of addiction services and supports, in consultation with the
department, shall develop or utilize existing education materials to be
provided to general hospitals to disseminate to individuals with a docu-
mented 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 article.

Section 2 requires that general hospitals are to offer treatment,
including medication assisted treatment when deemed necessary, to the
individual within seventy-two hours, provided, further, that every
hospital shall immediately address symptoms of withdrawal.  Addi-
tionally, if the individual refuses services then the hospital shall
actually connect individuals in need of substance use disorder services
to an appropriate service provider, including a hypodermic syringe and
needle exchange program.

Section 3 requires that when an individual 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 hospi-
tal shall inform the individual of the availability of the substance use
disorder treatment services that be available to them through substance
use disorder or harm reduction services program and if requested,
connect the individual to the appropriate services.  Such efforts to
connect the individual shall be documented in such individual's medical
record.

Section 4 states that the commissioner, in consultation with the commis-
sioner of OASAS, shall make regulations as necessary and proper to carry
out the provisions of this section.

Section 5 states the effective date.

 
JUSTIFICATION:

According to the CDC over 81,000 drug overdose deaths occurred in the
United States in the last 12 months ending in May 2020. This is the
highest number of overdose within a 12 month period. The latest numbers
suggest an acceleration of overdose during the COVID-19 pandemic. We
need to do more to help those who are suffering with substance use
disorder get connected to the care they need.

There should be no wrong door to enter treatment. If someone is admitted
to the hospital at risk of suffering from addiction everything should be
done to make sure that the individual gets connected to services that
can help them. This legislation seeks to help prevent overdose death and
assist those who are seeking treatment to find providers by requiring
that general hospitals provide education and connect them with service
providers.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2021-S4359B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4359--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- recommitted to the Committee on Health in accord-
   ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public health law, in relation to referring individ-
   uals to appropriate service providers for substance use disorders
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2803-u of  the  public  health  law,  as  added  by
 section  1 of part C of chapter 70 of the laws of 2016 and subdivision 1
 as amended by section 1 of subpart B of part BB of  chapter  57  of  the
 laws of 2019, is amended to read as follows:
   §  2803-u. Hospital substance use disorder policies and procedures. 1.
 The office of [alcoholism and substance abuse]  ADDICTION  services  AND
 SUPPORTS,  in consultation with the department, shall develop or utilize
 existing educational materials 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 article. Such materials shall  include  information  regarding  the
 various  types  of  HARM  REDUCTION,  treatment,  and recovery services,
 including but not limited to:  OVERDOSE PREVENTION AND SYRINGE  EXCHANGE
 SERVICES;  inpatient, outpatient, and medication-assisted treatment; how
 to recognize the need for treatment  OR  OTHER  SUBSTANCE  USE  DISORDER
 services;  information  for individuals to determine what type and level
 of CARE OR treatment is most appropriate and what resources  are  avail-
 able to them; and any other information the commissioner deems appropri-
 ate.  General  hospitals  shall include in their policies and procedures
 treatment protocols, consistent with medical standards, to  be  utilized
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07208-04-1

 S. 4359--B                          2
 
 by  the  emergency  departments in general hospitals for the appropriate
 use of medication-assisted treatment,  including,  BUT  NOT  LIMITED  TO
 buprenorphine,  prior to discharge, or referral protocols for evaluation
 of medication-assisted treatment when initiation in an emergency depart-
 ment of a general hospital is not feasible.
   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.    PATIENT  REFERRALS  SHALL  BE
 ARRANGED  ON  A  SPECIFIC  DATE,  WITH  SPECIFIC INPATIENT OR OUTPATIENT
 SUBSTANCE USE TREATMENT ORGANIZATION.  EXCEPT AS PROVIDED  IN  PARAGRAPH
 (C)  OF  THIS  SUBDIVISION,  SUCH  POLICIES AND PROCEDURES SHALL REQUIRE
 EVERY HOSPITAL TO OFFER TREATMENT, INCLUDING MEDICATION ASSISTED  TREAT-
 MENT  WHEN  DEEMED NECESSARY, TO THE INDIVIDUAL WITHIN SEVENTY-TWO HOURS
 OF SUCH INDIVIDUAL  BEING  DIAGNOSED  WITH  A  SUBSTANCE  USE  DISORDER,
 PROVIDED,  FURTHER,  THAT EVERY HOSPITAL SHALL IMMEDIATELY ADDRESS SYMP-
 TOMS OF WITHDRAWAL;
   (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,  OR  THE  INDIVIDUAL
 REFUSES SERVICES, then [it] THE HOSPITAL shall refer SUCH individuals in
 need  of  substance  use  disorder  services  to  [and  coordinate  with
 substance use disorder services programs] AN APPROPRIATE SERVICE PROVID-
 ER that [provide] PROVIDES behavioral health  services,  as  defined  in
 section  1.03  of  the  mental  hygiene law, OR A HYPODERMIC SYRINGE AND
 NEEDLE EXCHANGE PROGRAM AUTHORIZED PURSUANT TO SECTION 80.135 OF PART 80
 OF TITLE 10 OF THE NEW YORK STATE CODES, RULES AND REGULATIONS, THAT HAS
 THE ABILITY TO PROVIDE SERVICES TO  THE  INDIVIDUAL  WITHIN  SEVENTY-TWO
 HOURS.
   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 inform the individual  of  the
 availability  of  the substance use disorder treatment services that may
 be available to them through a substance use disorder OR HARM  REDUCTION
 services  program  AND, IF REQUESTED, REFER THE INDIVIDUAL TO THE APPRO-
 PRIATE SERVICES. SUCH EFFORTS TO REFER THE  INDIVIDUAL  SHALL  BE  DOCU-
 MENTED IN SUCH INDIVIDUAL'S MEDICAL RECORD.
   4.  The  commissioner,  in  consultation  with the commissioner of the
 office of  [alcoholism  and  substance  abuse]  ADDICTION  services  AND
 SUPPORTS, shall make regulations as may be necessary and proper to carry
 out the provisions of this section.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.

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Senate Bill S4359B

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Jun 2, 2021 - Floor Vote

Floor Vote: Jun 2, 2021

May 26, 2021 - Rules Committee Vote

Rules Committee Vote: May 26, 2021

Bill Amendments

2021-S4359 - Details

2021-S4359 - Summary

2021-S4359 - Sponsor Memo

2021-S4359 - Bill Text download pdf

2021-S4359A - Details

2021-S4359A - Summary

2021-S4359A - Sponsor Memo

2021-S4359A - Bill Text download pdf

2021-S4359B (ACTIVE) - Details

2021-S4359B (ACTIVE) - Summary

2021-S4359B (ACTIVE) - Sponsor Memo

2021-S4359B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4359B

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Sponsored By

Pete Harckham

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

2021-S4359 - Details

2021-S4359 - Summary

2021-S4359 - Sponsor Memo

2021-S4359 - Bill Text download pdf

2021-S4359A - Details

2021-S4359A - Summary

2021-S4359A - Sponsor Memo

2021-S4359A - Bill Text download pdf

2021-S4359B (ACTIVE) - Details

2021-S4359B (ACTIVE) - Summary

2021-S4359B (ACTIVE) - Sponsor Memo

2021-S4359B (ACTIVE) - Bill Text download pdf

Comments