S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6778
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Higher Education
 
 AN ACT to amend the public health law and the education law, in relation
   to  enhancing  patient  access  to  medication  assisted treatment for
   treatment of opioid disease

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 3331 of the public health law is amended by adding
 a new subdivision 10 to read as follows:
   10. A PHARMACIST, IN GOOD FAITH, AND IN THE USUAL  COURSE  OF  PROFES-
 SIONAL   PHARMACY  PRACTICE,  MAY  PRESCRIBE,  ADMINISTER  AND  DISPENSE
 SUBSTANCES LISTED IN SCHEDULES III, IV,  AND  V  FOR  THE  TREATMENT  OF
 OPIOID USE DISORDERS, AS PROVIDED IN TITLES III OR V OF THIS ARTICLE.
   §  2.    Section  6801 of the education law is amended by adding a new
 subdivision 9 to read as follows:
   9. (A) A LICENSED PHARMACIST  MAY  PRESCRIBE  FDA-APPROVED  MEDICATION
 ASSISTED  THERAPY UNDER A NON-PATIENT-SPECIFIC REGIMEN FOR THE TREATMENT
 OF OPIOID USE DISEASE IN ACCORDANCE WITH SUBDIVISION ELEVEN  OF  SECTION
 SIXTY-FIVE HUNDRED TWENTY-SEVEN OF THIS TITLE AND REGULATIONS PROMULGAT-
 ED  BY  THE COMMISSIONER OF HEALTH ESTABLISHED PURSUANT TO PARAGRAPH (W)
 OF SUBDIVISION ONE OF SECTION TWO HUNDRED SIX OF THE PUBLIC  HEALTH  LAW
 IN CONSULTATION WITH THE COMMISSIONER.
   (B) A LICENSED PHARMACIST AUTHORIZED TO ISSUE A PRESCRIPTION FOR MEDI-
 CATION ASSISTED TREATMENT OF OPIOID USE DISORDER SHALL:
   (I)    REGISTER  WITH  THE FEDERAL DRUG ENFORCEMENT ADMINISTRATION AND
 COMPLETE  THE  TRAINING  REQUIRED  BY  SECTION  303  OF  THE  CONTROLLED
 SUBSTANCES ACT (21 USC 823);
   (II)  PROVIDE INFORMATION TO THE PATIENT ON THE IMPORTANCE OF HAVING A
 PRIMARY HEALTH CARE  PRACTITIONER,  DEVELOPED  BY  THE  COMMISSIONER  OF
 HEALTH;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10840-01-3
 A. 6778                             2
              

 
   (III) REPORT SUCH ADMINISTRATION BY ELECTRONIC TRANSMISSION OR FACSIM-
 ILE TO THE PATIENT'S ATTENDING PRIMARY HEALTH CARE PRACTITIONER OR PRAC-
 TITIONERS, IF ANY; AND
   (IV) REFER PATIENT TO PROVIDER OR PRACTICE RESPONSIBLE FOR COLLABORAT-
 ING IN THE NON-PATIENT-SPECIFIC REGIMEN.
   §  3. Subdivision 1 of section 206 of the public health law is amended
 by adding a new paragraph (w) to read as follows:
   (W) ESTABLISH A STATEWIDE PROTOCOL FOR PHARMACIST PRESCRIBING OF MEDI-
 CATION ASSISTED TREATMENT OF OPIOID USE DISORDER, NOT LATER THAN  NINETY
 DAYS  AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH.  A LICENSED PHARMACIST
 AUTHORIZED TO ISSUE A PRESCRIPTION FOR MEDICATION ASSISTED TREATMENT  OF
 OPIOID  USE  DISORDER  SHALL  REGISTER WITH THE FEDERAL DRUG ENFORCEMENT
 ADMINISTRATION AND COMPLETE THE TRAINING REQUIRED BY SECTION 303 OF  THE
 CONTROLLED SUBSTANCES ACT (21 USC 823)
   §  4.  Paragraph  (e)  of  subdivision 4 of section 3381 of the public
 health law, as amended by chapter 433 of the laws of 2021, is amended to
 read as follows:
   (e) A pharmacy registered under article one  hundred  thirty-seven  of
 the  education law may offer counseling and referral services to custom-
 ers purchasing  hypodermic  syringes  for  the  purpose  of:  preventing
 injection  drug  abuse;  the provision of drug treatment; preventing and
 treating hepatitis C; preventing drug overdose; testing  for  the  human
 immunodeficiency  virus; and providing pre-exposure prophylaxis and non-
 occupational post-exposure prophylaxis. The content of  such  counseling
 and  referral shall be at the professional discretion of the pharmacist.
 A LICENSED PHARMACIST AUTHORIZED TO ISSUE PRESCRIPTIONS  FOR  MEDICATION
 ASSISTED  TREATMENT  PURSUANT TO SUBDIVISION TEN OF SECTION THIRTY-THREE
 HUNDRED THIRTY-ONE OF THIS ARTICLE MAY OFFER MEDICATION ASSISTED  TREAT-
 MENT.
   §  5.  Section  6527  of  the education law is amended by adding a new
 subdivision 11 to read as follows:
   11. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A NON-PATIENT-SPECIF-
 IC REGIMEN TO A LICENSED PHARMACIST, FOR PRESCRIBING  BUPRENORPHINE  FOR
 THE  CARE  OF  PATIENTS WITH OPIOID USE DISORDER PURSUANT TO SUBDIVISION
 NINE OF SECTION SIXTY-EIGHT HUNDRED ONE OF THIS TITLE.
   § 6.  Section 6909 of the education law is amended  by  adding  a  new
 subdivision 11 to read as follows:
   11.  A  CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER A NON-PA-
 TIENT-SPECIFIC REGIMEN TO A LICENSED PHARMACIST, FOR PRESCRIBING  BUPRE-
 NORPHINE  FOR  THE  CARE  OF PATIENTS SUFFERING FROM OPIOID USE DISORDER
 PURSUANT TO SUBDIVISION NINE OF SECTION SIXTY-EIGHT HUNDRED ONE OF  THIS
 TITLE.
   § 7. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.