S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    808
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to promulgating regu-
   lations for hospital emergency rooms when treating patients  suffering
   from an opioid overdose or addiction

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 206 of the public health law is amended by adding a
 new subdivision 32 to read as follows:
   32. (A) THE COMMISSIONER, IN CONSULTATION  WITH  THE  COMMISSIONER  OF
 MENTAL  HEALTH, SHALL PROMULGATE REGULATIONS FOR THE TREATMENT OF OPIOID
 ADDICTIONS AND/OR OPIOID OVERDOSES  IN  HOSPITAL  EMERGENCY  ROOMS.  FOR
 PURPOSES OF THIS SUBDIVISION:
   (I)   "PEER  TO  PEER  SUPPORT  SERVICES"  MEANS  PARTICIPANT-CENTERED
 SERVICES THAT EMPHASIZE KNOWLEDGE AND WISDOM THROUGH LIVED EXPERIENCE IN
 WHICH PEERS ARE ENCOURAGED TO SHARE THEIR OWN  PERSONAL  EXPERIENCE  AND
 FIRST-HAND  KNOWLEDGE  OF  SUBSTANCE  ABUSE,  ADDICTION, AND RECOVERY TO
 SUPPORT THE RECOVERY GOALS OF INDIVIDUALS WHO USE DRUGS AND/OR ALCOHOL.
   (II) "OPIOID" MEANS AN  OPIATE  AS  DEFINED  IN  SECTION  THIRTY-THREE
 HUNDRED TWO OF THIS CHAPTER.
   (III)  "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,  BUPRENORPHINE  OR
 OTHER MEDICATIONS APPROVED BY THE DEPARTMENT FOR THIS PURPOSE.
   (B)  SUCH  REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, REQUIRING
 EMERGENCY ROOMS TO PROVIDE PATIENTS AND THOSE WHO ACCOMPANY THEM WITH:
   (I) FORMAL RECOVERY SUPPORT, INCLUDING, BUT NOT LIMITED TO, DETOX  AND
 MEDICATION ASSISTED TREATMENT;
   (II) INFORMATION REGARDING VARIOUS MODES OF RECOVERY;
   (III) CONTACT INFORMATION FOR PEER TO PEER SUPPORT SERVICES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00687-01-3
              

 A. 808                              2
 
   (IV)  INFORMATION FOR PATIENTS AND THOSE WHO ACCOMPANY THEM ON HOW AND
 WHEN TO ADMINISTER AN OPIOID ANTAGONIST, AND WHERE TO OBTAIN  AN  OPIOID
 ANTAGONIST PRESCRIPTION; AND
   (V) A PRESCRIBED OPIOID ANTAGONIST.
   (C)  SUCH  REGULATIONS  MAY  PROVIDE THAT HOSPITAL EMERGENCY ROOMS MAY
 REFER PATIENTS TO OTHER  FACILITIES  OFFERING  DETOX  AND/OR  MEDICATION
 ASSISTED TREATMENT, INCLUDING BUT NOT LIMITED TO:
   (I) FREE STANDING SUBSTANCE ABUSE FACILITIES;
   (II) GENERAL HOSPITALS;
   (III)  RESIDENTIAL  FACILITIES  FOR PERSONS WHO ABUSE OR ARE DEPENDENT
 UPON OPIOIDS;
   (IV) METHADONE MAINTENANCE PROGRAMS; AND
   (V) OUTPATIENT FACILITIES FOR PERSONS WHO ABUSE OR  ARE  DEPENDENT  ON
 OPIOIDS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. 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.