Add §32.40, Ment Hyg L; add §§149-a & 511, Cor L; amd §2803-u, Pub Health L
 
Requires the provision of opioid overdose educational materials and two doses of an opioid antagonist to certain patients being discharged or conditionally released from an inpatient facility and to certain previously incarcerated individuals upon discharge from incarceration; requires the provision of two doses of opioid antagonists to certain patients upon discharge from a hospital.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A348A
SPONSOR: Braunstein
 
TITLE OF BILL:
An act to amend the mental hygiene law, in relation to providing
discharged patients with certain educational materials regarding
substance use disorders and two doses of an opioid antagonist in a form
approved for take home use; to amend the correction law, in relation to
providing previously incarcerated individuals with certain educational
materials regarding substance use disorders and two doses of an opioid
antagonist in a form approved for take home use upon discharge from
incarceration; and to amend the public health law, in relation to the
provision of opioid antagonists for take home use upon discharge from
the hospital
 
PURPOSE OR GENERAL IDEA OF BILL:
Relates to providing discharged patients and incarcerated individuals
with opioid overdose educational materials and two doses of an opioid
antagonist for take home use.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one adds a new Section 32.40 to the Mental Hygiene Law, mandat-
ing that a patient about to be discharged or conditionally released from
an inpatient facility operated or licensed by the Office of Alcoholism
and Substance Abuse Services, and who has been diagnosed with an opioid
use disorder, shall be provided with educational materials and two doses
of an opioid antagonist.
Section two adds a new Section 149-a to the Correction Law, requiring
each state correctional facility to provide incarcerated individuals,
who according to the records of the department have been diagnosed with
a substance use disorder while at such facility, with educational mate-
rials and two doses of an opioid antagonist upon release.
Section three adds a new Section 511 to the Correction Law, requiring
each local correctional facility to provide incarcerated individuals
who, according to the records of the department have been diagnosed with
a substance use disorder while at such facility, with educational mate-
rials and two doses of an opioid antagonist upon release.
Section four amends Section 2803-u of the Public Health Law by mandating
that upon commencement of treatment, admission, or discharge of an indi-
vidual with a documented substance abuse disorder, or who appears to
have or be at risk for a substance use disorder, including discharge
from the emergency department, a hospital shall provide the individual
with two doses of an opioid antagonist.
Section five establishes the effective date.
 
JUSTIFICATION:
Between 2015 and 2016 the opioid overdose death rate in New York State
increased by 40%. As of March 2018, more than 115 people in the United
States die every day from overdosing on opioids, according to the CDC.
Opioid antagonists, such as naloxone, are drugs that reverse the effects
of opioids and are effective in preventing overdose deaths. The avail-
ability of an opioid antagonist is crucial in ensuring that overdose
deaths do not occur. However, an opioid antagonist can only be effective
as an antidote if it is readily accessible when an overdose is happen-
ing. In 2018, the United States Surgeon General issued the first
national advisory in over a decade, urging all Americans to carry nalox-
one.
The American College of Emergency Physicians recently reported that
"addiction researchers have demonstrated that overdose events are an
important indicator not only of future overdoses, but also represent a
critical opportunity for overdose prevention and engagement in treat-
ment; those who have overdosed on heroin are four to five times more
likely to suffer a subsequent overdose event, and are at higher risk for
death from opioid overdose...since 2004, drug related emergency depart-
ment visits increased by over 80%."
A study titled "Peer Navigation and take-home naloxone for opioid over-
dose emergency department patients" found "a high frequency of death and
repeat overdose one-year following an emergency department visit for
opioid overdose." The Maryland Hospital Association recommended in
December 2018 that "hospitals should offer naloxone to patients who
present in the emergency department with an opioid overdose and to
patients deemed to be at risk for opioid use disorder, by dispensing
directly from the emergency department or by providing a prescription."
According to the Harm Reduction Coalition, "individuals with a history
of drug use who are leaving jail or prison have a great likelihood of
overdosing in the first two weeks following discharge." A North Carolina
study published in 2018 by the American Journal of Public Health indi-
cated that "in the first two weeks after being released from prison,
former inmates were 40 times more likely to die of an opioid overdose
than someone in the general population. When restricted to heroin over-
doses only, the overdose death rate increased to 74 times the norm with-
in two weeks after release. Even an entire year after release, overdose
death rates remained 10-18 times higher among formerly incarcerated
individuals."
A report in the Journal of Addictive Diseases concluded that "due to the
increased risk of overdose following periods of abstinence...a pre-re-
lease program of overdose prevention education, including Naloxone
prescription, of inmates with a history of opiate addiction would likely
prevent many overdose deaths." The study also found that many will
refuse to call 911 in the event of an overdose, due to fear of police
involvement.
In light of these tragic statistics, this bill mandates incarcerated
individuals as well as patients about to be discharged from inpatient
drug rehabilitation facilities, who have been diagnosed with an opioid
use disorder, receive opioid overdose educational materials and two
doses of an opioid antagonist. Additionally, upon commencement of treat-
ment, admission, or discharge of an individual with a documented
substance abuse disorder, including discharge from the emergency depart-
ment, a hospital shall provide the patient with two doses of an opioid
antagonist.
 
PRIOR LEGISLATIVE HISTORY:
2021: A.348/S.2976 - Referred to Alcoholism and Drug Abuse
2019-2020: A.8541/S.6650 - Referred to Alcoholism and Drug Abuse
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall become law.
STATE OF NEW YORK
________________________________________________________________________
348--A
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. BRAUNSTEIN, FERNANDEZ, GOTTFRIED, CYMBROWITZ,
JACOBSON, GRIFFIN, REILLY, J. M. GIGLIO, TAGUE -- read once and
referred to the Committee on Alcoholism and Drug Abuse -- recommitted
to the Committee on Alcoholism and Drug Abuse in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the mental hygiene law, in relation to providing
discharged patients with certain educational materials regarding
substance use disorders and two doses of an opioid antagonist in a
form approved for take home use; to amend the correction law, in
relation to providing previously incarcerated individuals with certain
educational materials regarding substance use disorders and two doses
of an opioid antagonist in a form approved for take home use upon
discharge from incarceration; and to amend the public health law, in
relation to the provision of opioid antagonists for take home use upon
discharge from the hospital
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The mental hygiene law is amended by adding a new section
2 32.40 to read as follows:
3 § 32.40 Educational materials for individuals with substance use disor-
4 ders.
5 (a) An individual discharged or conditionally released from a treat-
6 ment program operated or licensed by the office of addiction services
7 and supports who has been diagnosed with a substance use disorder shall
8 be provided with education materials that are consistent with educa-
9 tional materials provided pursuant to subdivision one of section twen-
10 ty-eight hundred three-u of the public health law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03415-02-2
A. 348--A 2
1 (b) Such program shall also provide the individual with two doses of
2 an opioid antagonist in a form approved for take home use by the federal
3 food and drug administration when the individual is leaving the program.
4 § 2. The correction law is amended by adding a new section 149-a to
5 read as follows:
6 § 149-a. Previously incarcerated individuals with a substance use
7 disorder. The department shall require each correctional facility to
8 provide incarcerated individuals who, according to the records of the
9 department, have been diagnosed with a substance use disorder while at
10 such facility with the following upon release: (i) educational materials
11 consistent with subdivision one of section twenty-eight hundred three-u
12 of the public health law; and (ii) two doses of an opioid antagonist in
13 a form approved for take home use by the federal food and drug adminis-
14 tration.
15 § 3. The correction law is amended by adding a new section 511 to read
16 as follows:
17 § 511. Previously incarcerated individuals with a substance use disor-
18 der. The commissioner shall require each local correctional facility to
19 provide incarcerated individuals who, according to the records of the
20 jail, have been diagnosed with a substance use disorder while at such
21 facility with the following upon release:
22 1. educational materials consistent with subdivision one of section
23 twenty-eight hundred three-u of the public health law; and
24 2. two doses of an opioid antagonist in a form approved for take home
25 use by the federal food and drug administration.
26 § 4. Subdivision 3 of section 2803-u of the public health law, as
27 added by section 1 of part C of chapter 70 of the laws of 2016, is
28 amended to read as follows:
29 3. Upon commencement of treatment, admission, or discharge of an indi-
30 vidual with a documented substance use disorder or who appears to have
31 or be at risk for a substance use disorder, including discharge from the
32 emergency department, such hospital shall: (a) inform the individual of
33 the availability of the substance use disorder treatment services that
34 may be available to them through a substance use disorder services
35 program; and (b) provide the individual with two doses of an opioid
36 antagonist in a form approved for take home use by the federal food and
37 drug administration.
38 § 5. This act shall take effect on the one hundred eightieth day after
39 it shall have become a law.