S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1249
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 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-f
 to read as follows:
   § 3000-F. 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02504-01-3
 A. 1249                             2
              

 
   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
 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.