§ 2803-u. Hospital substance use disorder policies and procedures. 1.
The office of alcoholism and substance abuse services, 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 treatment and recovery services, including but not limited to:
inpatient, outpatient, and medication-assisted treatment; how to
recognize the need for treatment services; information for individuals
to determine what type and level of treatment is most appropriate and
what resources are available to them; and any other information the
commissioner deems appropriate. 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 buprenorphine, prior to discharge, or referral protocols for
evaluation of medication-assisted treatment when initiation in an
emergency department 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;

(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, then it shall refer
individuals in need of substance use disorder services to and coordinate
with substance use disorder services programs that provide behavioral
health services, as defined in section 1.03 of the mental hygiene law.

3. Upon commencement of treatment, admission, or discharge of an
individual 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 services
program.

4. The commissioner, in consultation with the commissioner of the
office of alcoholism and substance abuse services, shall make
regulations as may be necessary and proper to carry out the provisions
of this section.