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A08637 Summary:

COSPNSRGottfried, Cymbrowitz, Clark, Quart, Galef, Rosenthal, Ortiz, Saladino, Montesano, Gunther, Lopez P, Steck, Rodriguez, Zebrowski, Weprin, Cusick, Magnarelli, Lentol, McDonald, Fahy, Buchwald
MLTSPNSRBraunstein, Camara, Cook, Curran, Duprey, Giglio, Graf, Hevesi, Lupardo, Malliotakis, McDonough, O'Donnell, Paulin, Perry, Raia, Rivera, Ryan, Sepulveda, Weisenberg
Amd S3309, Pub Health L
Provides for the use of opioid antagonists.
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A08637 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                    January 29, 2014
        Introduced  by  M.  of A. DINOWITZ, GOTTFRIED, CYMBROWITZ, CLARK, QUART,
          Multi-Sponsored by -- M. of A. BRAUNSTEIN, COOK, GIGLIO, HEVESI, McDO-
          NALD, PAULIN, PERRY, RIVERA, ROSA, SEPULVEDA -- read once and referred
          to  the  Committee  on  Health  -- committee discharged, bill amended,

          ordered reprinted as amended and  recommitted  to  said  committee  --
          again  reported from said committee with amendments, ordered reprinted
          as amended and recommitted to said committee
        AN ACT to amend the public health law, in  relation  to  use  of  opioid
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 3309 of the public health law, as added by  chapter
     2  413 of the laws of 2005, is amended to read as follows:
     3    §  3309. Opioid overdose prevention. 1. The commissioner is authorized
     4  to establish standards for approval of any  opioid  overdose  prevention
     5  program,  and  opioid  antagonist prescribing, dispensing, distribution,
     6  possession  and  administration  pursuant  to  this  section  which  may

     7  include,  but not be limited to, standards for program directors, appro-
     8  priate clinical oversight, training, record keeping and reporting.
     9    2. Notwithstanding any inconsistent provisions of  section  sixty-five
    10  hundred  twelve  of  the  education  law or any other law, the purchase,
    11  acquisition, possession or use of an opioid antagonist pursuant to  this
    12  section  shall  not  constitute the unlawful practice of a profession or
    13  other violation under title eight of the education law or this article.
    14    3. (a) As used in this section:
    15    (i) "Opioid antagonist" means a drug approved by  the  Food  and  Drug
    16  Administration  that, when administered, negates or neutralizes in whole
    17  or in part the pharmacological effects of an opioid in the body. "Opioid
    18  antagonist" shall be limited to naloxone and other medications  approved

    19  by the department for such purpose.
    20    (ii) "Health care professional" means a person licensed, registered or
    21  authorized  pursuant  to  title  eight of the education law to prescribe
    22  prescription drugs.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 8637--B                          2
     1    (iii) "Pharmacist" means a person licensed or authorized  to  practice
     2  pharmacy  pursuant  to article one hundred thirty-seven of the education
     3  law.
     4    (iv)  "Opioid  antagonist  recipient" or "recipient" means a person at

     5  risk of experiencing an opioid-related overdose,  or  a  family  member,
     6  friend  or other person in a position to assist a person experiencing or
     7  at risk of experiencing an opioid-related overdose, or  an  organization
     8  registered  as  an  opioid  overdose prevention program pursuant to this
     9  section.
    10    (b)(i) A health care professional may prescribe by a  patient-specific
    11  or  non-patient-specific  prescription, dispense or distribute, directly
    12  or indirectly, an opioid antagonist to an opioid antagonist recipient.
    13    (ii) A  pharmacist  may  dispense  an  opioid  antagonist,  through  a
    14  patient-specific  or  non-patient-specific prescription pursuant to this
    15  paragraph, to an opioid antagonist recipient.

    16    (iii) An opioid antagonist recipient may possess an opioid  antagonist
    17  obtained  pursuant  to this paragraph, may distribute such opioid antag-
    18  onist to a recipient, and may administer such  opioid  antagonist  to  a
    19  person the recipient reasonably believes is experiencing an opioid over-
    20  dose.
    21    (iv) The provisions of this paragraph shall not be deemed to require a
    22  prescription for any opioid antagonist that does not otherwise require a
    23  prescription;  nor shall it be deemed to limit the authority of a health
    24  care professional to prescribe, dispense or distribute, or of a  pharma-
    25  cist to dispense, an opioid antagonist under any other provision of law.
    26    4.  Use  of  an  opioid  antagonist  pursuant to this section shall be

    27  considered first aid or emergency treatment for the purpose of any stat-
    28  ute relating to liability.
    29    [4.] A recipient or opioid  overdose  prevention  program  under  this
    30  section,  acting  reasonably  and  in good faith in compliance with this
    31  section, shall not be  subject  to  criminal,  civil  or  administrative
    32  liability solely by reason of such action.
    33    5.  The  commissioner shall publish findings on statewide opioid over-
    34  dose data that reviews overdose death rates  and  other  information  to
    35  ascertain  changes in the cause and rates of fatal opioid overdoses. The
    36  report may be part of existing state mortality  reports  issued  by  the
    37  department,  and  shall  be  submitted  annually [for three years and as

    38  deemed necessary by the commissioner thereafter,] to the  governor,  the
    39  temporary  president  of  the senate [and], the speaker of the assembly,
    40  and the chairs of the senate and assembly health committees. The  report
    41  shall include, at a minimum, the following information:
    42    (a)  information  on  opioid  overdose  deaths, including age, gender,
    43  ethnicity, and geographic location;
    44    (b) data on emergency room utilization for  the  treatment  of  opioid
    45  overdose;
    46    (c) data on utilization of pre-hospital services;
    47    (d)  [suggested  improvements in data collection.] data on utilization
    48  of opioid antagonists; and
    49    (e) any other information necessary to ascertain the  success  of  the
    50  program and ways to further reduce overdoses.

    51    § 2. This act shall take effect immediately.
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