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A00348 Summary:

BILL NOA00348A
 
SAME ASSAME AS S02976-A
 
SPONSORBraunstein
 
COSPNSRFernandez, Gottfried, Cymbrowitz, Jacobson, Griffin, Reilly, Giglio JM, Tague, Ra, Seawright, Hevesi, Ashby, Otis
 
MLTSPNSR
 
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.
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A00348 Actions:

BILL NOA00348A
 
01/06/2021referred to alcoholism and drug abuse
01/05/2022referred to alcoholism and drug abuse
02/11/2022amend (t) and recommit to alcoholism and drug abuse
02/11/2022print number 348a
05/10/2022reported referred to rules
05/16/2022reported
05/16/2022rules report cal.170
05/16/2022substituted by s2976a
 S02976 AMEND=A HARCKHAM
 01/26/2021REFERRED TO ALCOHOLISM AND SUBSTANCE ABUSE
 03/01/20211ST REPORT CAL.439
 03/02/20212ND REPORT CAL.
 03/03/2021ADVANCED TO THIRD READING
 03/08/2021PASSED SENATE
 03/08/2021DELIVERED TO ASSEMBLY
 03/08/2021referred to alcoholism and drug abuse
 01/05/2022died in assembly
 01/05/2022returned to senate
 01/05/2022REFERRED TO ALCOHOLISM AND SUBSTANCE ABUSE
 01/24/20221ST REPORT CAL.308
 01/25/20222ND REPORT CAL.
 01/26/2022ADVANCED TO THIRD READING
 02/14/2022AMENDED ON THIRD READING (T) 2976A
 03/07/2022PASSED SENATE
 03/07/2022DELIVERED TO ASSEMBLY
 03/07/2022referred to alcoholism and drug abuse
 05/16/2022substituted for a348a
 05/16/2022ordered to third reading rules cal.170
 05/18/2022passed assembly
 05/18/2022returned to senate
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A00348 Memo:

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.
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A00348 Text:



 
                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.
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