S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10193
 
                           I N  A S S E M B L Y
 
                               May 10, 2024
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. K. Brown) --
   read once and referred to the Committee on Health
 
 AN  ACT  to  amend  the  public  health law, the mental hygiene law, the
   education law and the insurance law, in relation to including all  FDA
   approved  forms  and  doses  of  Naloxone as opioid antagonists in the
   state definition of opioid antagonists

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (i)  of  paragraph  (a) of subdivision 3 of
 section 3309 of the public health law, as amended by chapter 42  of  the
 laws  of  2014,  is  amended and a new subdivision 9 is added to read as
 follows:
   (i) "Opioid antagonist" means a drug approved by  the  Food  and  Drug
 Administration  that, when administered, negates or neutralizes in whole
 or in part the pharmacological effects of an opioid in the body. "Opioid
 antagonist" shall be limited to [naloxone and other medications approved
 by the department for such purpose] ALL  FORMS  AND  DOSES  OF  NALOXONE
 APPROVED  BY THE FOOD AND DRUG ADMINISTRATION. THE DEPARTMENT SHALL MAKE
 AVAILABLE ALL FORMS OF NALOXONE FOR SUCH PURPOSE IN ANY  FORMULATION  OR
 DOSAGE APPROVED BY THE FOOD AND DRUG ADMINISTRATION.
   9.  ANY PURCHASE OF, DISTRIBUTION OF, OR AUTHORIZATION TO PRESCRIBE AN
 OPIOID ANTAGONIST PURSUANT TO THIS SECTION SHALL ALLOW FOR CHOICE OF ANY
 FORMULATION OR DOSAGE APPROVED BY THE FOOD AND DRUG  ADMINISTRATION  AND
 MADE AVAILABLE BY THE DEPARTMENT.
   §  2.  Subparagraph  (ii) of paragraph 1 of subdivision (l) of section
 19.09 of the mental hygiene law, as added by chapter 434 of the laws  of
 2021, is amended and a new paragraph 4 is added to read as follows:
   (ii)  "Opioid  antagonist"  means  a federal food and drug administra-
 tion-approved drug that, when administered, negates  or  neutralizes  in
 whole  or  in part the pharmacological effects of an opioid in the body.
 The opioid antagonist shall be limited to [naloxone or other medications
 approved by the department of health for this  purpose]  ALL  FORMS  AND
 DOSES  OF  NALOXONE  APPROVED  BY  THE FOOD AND DRUG ADMINISTRATION. THE
 DEPARTMENT OF HEALTH SHALL MAKE AVAILABLE ALL FORMS OF NALOXONE FOR SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15050-05-4
 A. 10193                            2
 
 PURPOSE IN ANY FORMULATION OR DOSAGE  APPROVED  BY  THE  FOOD  AND  DRUG
 ADMINISTRATION.
   (4) ANY PURCHASE OF, DISTRIBUTION OF, OR AUTHORIZATION TO PRESCRIBE AN
 OPIOID ANTAGONIST PURSUANT TO THIS SUBDIVISION SHALL ALLOW FOR CHOICE OF
 ANY  FORMULATION  OR DOSAGE APPROVED BY THE FOOD AND DRUG ADMINISTRATION
 AND MADE AVAILABLE BY THE DEPARTMENT OF HEALTH.
   § 3. Paragraph a of subdivision 2 of section  6908  of  the  education
 law,  as added by chapter 471 of the laws of 2016, is amended to read as
 follows:
   a. specify the advanced tasks that may be performed by  advanced  home
 health  aides pursuant to this subdivision. Such tasks shall include the
 administration of medications which are routine and prefilled or  other-
 wise packaged in a manner that promotes relative ease of administration,
 provided that administration of medications by injection, sterile proce-
 dures,  and  central  line  maintenance  shall  be prohibited. Provided,
 however, such prohibition shall not apply to injections  of  insulin  or
 other  injections  for  diabetes  care,  to  injections of low molecular
 weight heparin, and  to  pre-filled  auto-injections  of  [naloxone]  AN
 OPIOID ANTAGONIST MADE AVAILABLE BY THE DEPARTMENT OF HEALTH PURSUANT TO
 SUBDIVISION  THREE  OF  SECTION THREE THOUSAND THREE HUNDRED NINE OF THE
 PUBLIC HEALTH LAW and epinephrine for emergency purposes, and  provided,
 further,  that entities employing advanced home health aides pursuant to
 this subdivision shall establish a systematic approach to  address  drug
 diversion;
   § 4. Section 2617 of the insurance law, as added by chapter 228 of the
 laws of 2020, is amended to read as follows:
   §  2617.  Unfair  discrimination for the use of prescriptions to block
 the effects of opioids. No insurer or entity  authorized  to  issue  the
 kinds  of insurance specified in paragraphs one or two of subsection (a)
 of section one thousand one  hundred  thirteen  of  this  chapter  shall
 refuse  to  issue  a life insurance policy or annuity contract or adjust
 the amount of premiums, or rates, charged for life insurance policies or
 annuity contracts for any individual solely because such individual  has
 been prescribed medication used to block the effects of opioids, includ-
 ing,  but  not  limited  to,  [Naloxone  and  Narcan] OPIOID ANTAGONISTS
 APPROVED BY THE DEPARTMENT OF HEALTH, AS  DEFINED  UNDER  SECTION  THREE
 THOUSAND THREE HUNDRED NINE OF THE PUBLIC HEALTH LAW, unless such action
 is  based  on  sound actuarial principles or actual or reasonably antic-
 ipated experience.
   § 5. Subdivision (g) of section 36.01 of the mental  hygiene  law,  as
 amended  by  chapter  185  of  the  laws  of 2022, is amended to read as
 follows:
   (g) Within the amounts appropriated, the commissioners  shall  arrange
 for  appropriate training to law enforcement entities, first responders,
 including but not limited to firefighters and emergency medical services
 personnel, and any other entities deemed appropriate by the  commission-
 ers, located within the catchment area of a crisis stabilization center.
 The training may include but not be limited to:  (1) crisis intervention
 team  training; (2) mental health first aid; (3) implicit bias training;
 and (4) [naloxone] OPIOID ANTAGONIST training AS DEFINED UNDER  SUBDIVI-
 SION  THREE  OF  SECTION THREE THOUSAND THREE HUNDRED NINE OF THE PUBLIC
 HEALTH LAW. Such training may be provided in  an  electronic  format  or
 other format as deemed appropriate by the commissioners. The commission-
 ers  may  contract with an organization with the knowledge and expertise
 in providing the training required under this subdivision.
 A. 10193                            3
 
   § 6. Subdivision (b) of section 25.18 of the  mental  hygiene  law  is
 amended by adding a new paragraph 4 to read as follows:
   4.  ANY  EXPENDITURE USED FOR THE DISTRIBUTION OF AN OPIOID ANTAGONIST
 SHALL ALLOW FOR CHOICE OF ANY FORMULATION OR DOSAGE OF NALOXONE THAT  IS
 MADE  AVAILABLE  BY THE DEPARTMENT OF HEALTH AND PURSUANT TO SUBDIVISION
 THREE OF SECTION THREE THOUSAND THREE HUNDRED NINE OF THE PUBLIC  HEALTH
 LAW  SHALL  BE PUT OUT FOR BID PER PROCUREMENT RULES AND REGULATIONS AND
 PURSUANT TO PARAGRAPH D  OF  SUBDIVISION  TWO  OF  SECTION  ONE  HUNDRED
 SIXTY-ONE OF THE STATE FINANCE LAW.
   §  7.  This  act shall take effect on the thirtieth day after it shall
 have become a law; provided, however, the amendments to paragraph  a  of
 subdivision 2 of section 6908 of the education law made by section three
 of this act shall not affect the repeal of such subdivision and shall be
 deemed  repealed  therewith. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.