S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    489
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  FERNANDEZ,  ASHBY, HELMING, ROLISON, WEBB -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Alcoholism and Substance Use Disorders
 
 AN ACT to amend the public health law, in relation to referring individ-
   uals to appropriate service providers for substance use disorders
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2803-u of  the  public  health  law,  as  added  by
 section  1 of part C of chapter 70 of the laws of 2016 and subdivision 1
 as amended by section 1 of subpart B of part BB of  chapter  57  of  the
 laws of 2019, is amended to read as follows:
   §  2803-u. Hospital substance use disorder policies and procedures. 1.
 The office of [alcoholism and substance abuse]  ADDICTION  services  AND
 SUPPORTS,  in consultation with the department, shall develop or utilize
 existing educational materials to be provided to  general  hospitals  to
 disseminate  to  individuals with a documented substance use disorder or
 who appear to have or be at risk for a  substance  use  disorder  during
 discharge  planning  pursuant to section twenty-eight hundred three-i of
 this article. Such materials shall  include  information  regarding  the
 various  types  of  HARM  REDUCTION,  treatment,  and recovery services,
 including but not limited to:  OVERDOSE PREVENTION AND SYRINGE  EXCHANGE
 SERVICES;  inpatient, outpatient, and medication-assisted treatment; how
 to recognize the need for treatment  OR  OTHER  SUBSTANCE  USE  DISORDER
 services;  information  for individuals to determine what type and level
 of CARE OR treatment is most appropriate and what resources  are  avail-
 able to them; and any other information the commissioner deems appropri-
 ate.  General  hospitals  shall include in their policies and procedures
 treatment protocols, consistent with medical standards, to  be  utilized
 by  the  emergency  departments in general hospitals for the appropriate
 use of medication-assisted treatment,  including,  BUT  NOT  LIMITED  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01842-01-5
 S. 489                              2
 
 buprenorphine,  prior to discharge, or referral protocols for evaluation
 of medication-assisted treatment when initiation in an emergency depart-
 ment of a general hospital is not feasible.
   2. Every general hospital shall: (a) within existing or in addition to
 current  policies  and  procedures,  develop,  maintain and disseminate,
 written policies and procedures, for the identification, assessment, and
 referral of individuals with a documented substance use disorder or  who
 appear  to have or be at risk for a substance use disorder as defined in
 section 1.03 of the mental hygiene law.    PATIENT  REFERRALS  SHALL  BE
 ARRANGED  ON  A  SPECIFIC  DATE,  WITH  SPECIFIC INPATIENT OR OUTPATIENT
 SUBSTANCE USE TREATMENT ORGANIZATION.  EXCEPT AS PROVIDED  IN  PARAGRAPH
 (C)  OF  THIS  SUBDIVISION,  SUCH  POLICIES AND PROCEDURES SHALL REQUIRE
 EVERY HOSPITAL TO OFFER TREATMENT, INCLUDING MEDICATION ASSISTED  TREAT-
 MENT  WHEN  DEEMED NECESSARY, TO THE INDIVIDUAL WITHIN SEVENTY-TWO HOURS
 OF SUCH INDIVIDUAL  BEING  DIAGNOSED  WITH  A  SUBSTANCE  USE  DISORDER,
 PROVIDED,  FURTHER,  THAT EVERY HOSPITAL SHALL IMMEDIATELY ADDRESS SYMP-
 TOMS OF WITHDRAWAL;
   (b) establish and implement training, within existing or  in  addition
 to  current training programs, for all individuals licensed or certified
 pursuant to title eight of the education law who provide direct  patient
 care  regarding the policies and procedures established pursuant to this
 section; and
   (c) except where an  individual  has  come  into  the  hospital  under
 section  22.09  of  the  mental  hygiene  law,  if the hospital does not
 directly provide substance use  disorder  services,  OR  THE  INDIVIDUAL
 REFUSES SERVICES, then [it] THE HOSPITAL shall refer SUCH individuals in
 need  of  substance  use  disorder  services  to  [and  coordinate  with
 substance use disorder services programs] AN APPROPRIATE SERVICE PROVID-
 ER that [provide] PROVIDES behavioral health  services,  as  defined  in
 section  1.03  of  the  mental  hygiene law, OR A HYPODERMIC SYRINGE AND
 NEEDLE EXCHANGE PROGRAM AUTHORIZED PURSUANT TO SECTION 80.135 OF PART 80
 OF TITLE 10 OF THE NEW YORK STATE CODES, RULES AND REGULATIONS, THAT HAS
 THE ABILITY TO PROVIDE SERVICES TO  THE  INDIVIDUAL  WITHIN  SEVENTY-TWO
 HOURS.
   3. Upon commencement of treatment, admission, or discharge of an indi-
 vidual  with  a documented substance use disorder or who appears to have
 or be at risk for a substance use disorder, including discharge from the
 emergency department, such hospital shall inform the individual  of  the
 availability  of  the substance use disorder treatment services that may
 be available to them through a substance use disorder OR HARM  REDUCTION
 services  program  AND, IF REQUESTED, REFER THE INDIVIDUAL TO THE APPRO-
 PRIATE SERVICES. SUCH EFFORTS TO REFER THE  INDIVIDUAL  SHALL  BE  DOCU-
 MENTED IN SUCH INDIVIDUAL'S MEDICAL RECORD.
   4.  The  commissioner,  in  consultation  with the commissioner of the
 office of  [alcoholism  and  substance  abuse]  ADDICTION  services  AND
 SUPPORTS, shall make regulations as may be necessary and proper to carry
 out the provisions of this section.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.