S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7746
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 6, 2023
                                ___________
 
 Introduced  by M. of A. MAHER -- read once and referred to the Committee
   on Health
 
 AN ACT directing the commissioner of health to conduct a study to  iden-
   tify,  analyze,  report, and medically combat new or previously unseen
   opiate/opioid compounds found in overdose patients in New  York  state
   for the purpose of establishing more efficient overdose medical treat-
   ment protocols
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as  the  "identify
 dangerous drugs act (IDDA)".
   §  2.  The opioid settlement fund advisory board, established pursuant
 to section 25.18 of the mental hygiene law, shall direct the commission-
 er of health to conduct a study of 250 random  urine  samples  collected
 anonymously  throughout  the  state of New York. Such samples shall: (i)
 represent each county in the state; (ii) be provided in accordance  with
 HIPAA  laws  and  regulations; and (iii) be identified by emergency room
 hospital physicians as having been generated from patients who,  at  the
 time  of  collection, were experiencing moderate to severe medical symp-
 toms diagnosed as being directly related to an overdose associated  from
 the use of an illicit unidentified opioid/opiate substance and/or combi-
 nation of substances. Such urine samples shall:
   (a)  only  be  collected  from patients diagnosed by an emergency room
 physician as experiencing moderate  or  severe  overdose  symptoms  most
 likely related to opiate/opioid patient use;
   (b)  be collected by designated trained medical staff, including nurs-
 es, physicians, and physician assistants;
   (c) be collected in tandem with the written and verbal consent of  the
 patient  and follow all designated HIPAA laws and regulations, including
 but not limited to identifying samples only by number on a form supplied
 to the hospital by the department of health. Such written consent  shall

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11513-01-3
              

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 be  knowing  and  willful. The patient shall be verbally read conditions
 and forms by medical staff identified above and shall  sign  a  document
 supplied  by  the department of health. Patients shall verbalize consent
 to  the  medical  staff  collecting the sample, as identified above, and
 shall be assessed by such staff as having full  mental  capacity  as  to
 consent to a legal document;
   (d)  be  collected from a patient identified by the treating physician
 as experiencing current moderate to severe opiate/opioid overdose  symp-
 toms  which may not have responded to emergency Narcan administration or
 the patient may be experiencing unusual  or  severe  symptoms  that  the
 physician believes is related to opiate/opioid use, possibly in combina-
 tion  with  other  drugs.  The  treating  physician must, in good faith,
 believe the patient is experiencing  moderate  to  severe  opiate/opioid
 related symptoms at the time the sample is collected and that such symp-
 toms  are  from the use of illicit or non-prescribed medication or unin-
 tended use of prescribed medication in combination with an illicit drug.
   § 3. The samples collected pursuant to section two of this  act  shall
 be  obtained  only for the purpose of the study commissioned pursuant to
 section two of this act and shall not be accessed or  reported  for  any
 other  purpose  including, but not limited to: use by law enforcement or
 the office of children and family services; consideration  of  probation
 or parole; or inclusion in the medical history of the patient. The study
 shall be conducted in good faith by all participating hospital staff and
 for  the  sole purpose of obtaining knowledge and information related to
 illicit opiate/opioid substance use.
   § 4. All samples  collected,  obtained,  stored,  and  transported  by
 physicians  and emergency room staff should follow protocols established
 by the department of health. Such samples shall be sent  to  one  desig-
 nated  laboratory  with  access  to advanced chromatographic techniques,
 specifically liquid chromatography-tandem mass  spectrometry  (LC-MS-MS)
 and gas chromatography-mass spectrometry (GC-MS) to identify and measure
 a  broad  range  of  compounds, including new or unusual opiate analogs,
 xylazine or unidentified opiate/opioid compounds, combinations of illic-
 it substances, and prescription medications.
   § 5. The study findings, data, results, treatment recommendations  and
 suggested  emergency  room  protocols  shall  be  compiled into a report
 published by the commissioner of health which shall include  recommended
 statewide  treatment protocols and procedures. Such protocols and proce-
 dures shall take into consideration that the use of Narcan  on  patients
 with  opiate/opioid  overdose symptoms may not be sufficient for combat-
 ting a medical overdose emergency in  a  patient  experiencing  symptoms
 from   new   or   unusual   opiate  analogs,  xylazine  or  unidentified
 opiate/opioid  compounds,  commonly   used   combinations   of   illicit
 substances,  or  the unintended use of prescribed medication as found in
 the samples.
   § 6. Within one year from the effective date of this act, the  commis-
 sioner  of  health  shall submit the report required pursuant to section
 five of this act to the governor, the temporary president of the senate,
 the minority leader of the senate, the  speaker  of  the  assembly,  the
 minority  leader  of the assembly, and the chairs and ranking members of
 the senate and assembly committees on health and shall post such  report
 on  the  department  of  health's  website.  All hospitals and addiction
 treatment facilities shall be granted access to the report in  a  timely
 manner.
   §  7.  The  commissioner  of  health shall be authorized to promulgate
 rules and regulations to implement the provisions of this act.
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   § 8. This act shall take effect immediately and shall expire and shall
 be deemed repealed thirty days after the delivery of the report  to  the
 governor and the legislature as provided for in section six of this act;
 provided  that  the  commissioner of health shall notify the legislative
 bill  drafting  commission  upon  the  occurrence of the delivery of the
 report provided for in section six of this act in order that the commis-
 sion may maintain an accurate and timely  effective  data  base  of  the
 official  text  of  the  laws of the state of New York in furtherance of
 effectuating the provisions of section 44 of  the  legislative  law  and
 section 70-b of the public officers law.