S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  265--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A.  STECK,  NOVAKHOV,  DeSTEFANO, SIMON, DAVILA,
   BENDETT, CHANG, LEVENBERG, WEPRIN, PAULIN, K. BROWN -- Multi-Sponsored
   by -- M. of A.  WOERNER -- read once and referred to the Committee  on
   Alcoholism  and  Drug  Abuse  --  committee  discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the mental hygiene law and the  public  health  law,  in
   relation to the availability of opioid reversal agents
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (l) of section 19.09 of the mental hygiene law,
 as added by chapter 434 of the laws of  2021,  is  amended  to  read  as
 follows:
   (l)(1)  The  office,  in  consultation  with the department of health,
 shall maintain on its website a  publicly  available  directory  of  all
 distributors  of  opioid  [antagonists]  REVERSAL  AGENTS to the public,
 including but not limited to, pharmacies, prevention programs  and  not-
 for-profits. As used in this subdivision, the following terms shall have
 the following meanings:
   (i)  "Opioid"  means  an  opiate  as  defined  in section thirty-three
 hundred two of the public health law.
   (ii) "Opioid [antagonist] REVERSAL AGENTS" means a  federal  food  and
 drug  administration-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]
 DEPARTMENT  OF HEALTH SHALL MAKE AVAILABLE ANY FORMULATION AND DOSAGE OF
 OPIOID REVERSAL AGENTS THAT ARE APPROVED BY THE FEDERAL  FOOD  AND  DRUG
 ADMINISTRATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00351-02-5
 A. 265--A                           2
              

 
   (III)  "PURCHASER"  MEANS  ANY  COMMUNITY  ORGANIZATION, MUNICIPALITY,
 PHARMACY, MEDICAL FACILITY, HOSPITAL, OR ANY OTHER ENTITY, THAT ACCESSES
 OPIOID REVERSAL DRUGS THROUGH THE NEW YORK STATE STANDING ORDER.
   (2)  The  directory  required by this subdivision shall include and be
 searchable by the following information:
   (i) addresses of each distributor  of  opioid  [antagonists]  REVERSAL
 AGENTS;
   (ii)  contact  information,  such as phone numbers or email addresses,
 for each distributor;
   (iii) services offered by each distributor at each  location  if  more
 than  one,  as  well as information providing which opioid [antagonists]
 REVERSAL AGENTS are currently available at each distributor;
   (iv) special populations served;
   (v) insurance providers accepted;
   (vi) hours of operation of each distributor;
   (vii) contact information of opioid addiction prevention programs; and
   (viii) any other information the commissioner deems necessary.
   (3) The office may  utilize  an  existing  directory  to  satisfy  the
 requirements of this subdivision.
   (4) THE OFFICE SHALL ALLOW FOR CHOICE OF ANY FORMULATION AND DOSAGE OF
 OPIOID  REVERSAL  AGENTS  THAT ARE APPROVED BY THE FEDERAL FOOD AND DRUG
 ADMINISTRATION  IN  THE  PURCHASE,  DISTRIBUTION  OR  AUTHORIZATION   TO
 PRESCRIBE OR DISPENSE SUCH PRODUCTS. THE DEPARTMENT SHALL COVER THE COST
 OF  ANY  FORMULATION AND/OR DOSAGE OF ANY FEDERAL FOOD AND DRUG ADMINIS-
 TRATION-APPROVED NASAL NALOXONE PRODUCT.   ANY OTHER PRODUCT  WHERE  THE
 COST  EXCEEDS  THAT  OF HIGHEST-PRICED NASAL NALOXONE PRODUCT, THAT COST
 OVERRUN SHALL BE BORNE BY THE PURCHASER.
   § 2. 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 to read as follows:
   (i) "Opioid [antagonist] REVERSAL AGENTS" 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 reversal agents" shall be limited to
 naloxone and other medications  approved  by  the  department  for  such
 purpose]  THE DEPARTMENT SHALL MAKE AVAILABLE ANY FORMULATION AND DOSAGE
 OF OPIOID REVERSAL AGENTS THAT ARE APPROVED BY THE FEDERAL FOOD AND DRUG
 ADMINISTRATION.
   § 3. Section 3309 of the public health law is amended by adding a  new
 subdivision 10 to read as follows:
   10.  ANY PURCHASE, DISTRIBUTION OR AUTHORIZATION TO PRESCRIBE PURSUANT
 TO THIS SECTION BY THE COMMISSIONER SHALL ALLOW FOR CHOICE OF ANY FORMU-
 LATION OR DOSAGE THAT IS APPROVED BY THE FEDERAL FOOD AND DRUG  ADMINIS-
 TRATION.  THE  DEPARTMENT SHALL COVER THE COST OF ANY FORMULATION AND/OR
 DOSAGE OF ANY FEDERAL FOOD AND DRUG ADMINISTRATION-APPROVED NASAL NALOX-
 ONE PRODUCT.  ANY OTHER PRODUCT WHERE THE COST EXCEEDS THAT OF  HIGHEST-
 PRICED  NASAL  NALOXONE PRODUCT, THAT COST OVERRUN SHALL BE BORNE BY THE
 PURCHASER.  OTHER PRODUCTS WHERE THE COST IS  LOWER  THAN  THAT  OF  THE
 HIGHEST-PRICED NASAL NALOXONE PRODUCT SHALL BE BORNE BY THE STATE.
   § 4. This act shall take effect immediately.