STATE OF NEW YORK
________________________________________________________________________
10989
IN ASSEMBLY
May 29, 2018
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to promulgating regu-
lations for hospital emergency rooms when treating patients suffering
from an opioid overdose or addiction
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 206 of the public health law is amended by adding a
2 new subdivision 31 to read as follows:
3 31. (a) The commissioner, in consultation with the commissioner of
4 mental health, shall promulgate regulations for the treatment of opioid
5 addictions and/or opioid overdoses in hospital emergency rooms. For
6 purposes of this subdivision:
7 (i) "Peer to peer support services" means participant-centered
8 services that emphasize knowledge and wisdom through lived experience in
9 which peers are encouraged to share their own personal experience and
10 first-hand knowledge of substance abuse, addiction, and recovery to
11 support the recovery goals of individuals who use drugs and/or alcohol.
12 (ii) "Opioid" means an opiate as defined in section thirty-three
13 hundred two of this chapter.
14 (iii) "Opioid antagonist" means a federal food and drug administra-
15 tion-approved drug that, when administered, negates or neutralizes in
16 whole or in part the pharmacological effects of an opioid in the body.
17 The opioid antagonist shall be limited to naloxone or other medications
18 approved by the department for this purpose.
19 (b) Such regulations shall include, but not be limited to, requiring
20 emergency rooms to provide patients and those who accompany them with:
21 (i) formal recovery support, including, but not limited to, detox and
22 medication assisted treatment;
23 (ii) information regarding various modes of recovery;
24 (iii) contact information for peer to peer support services;
25 (iv) information for patients and those who accompany them on how and
26 when to administer an opioid antagonist, and where to obtain an opioid
27 antagonist prescription; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16017-01-8
A. 10989 2
1 (v) a prescribed opioid antagonist.
2 (c) Such regulations may provide that hospital emergency rooms may
3 refer patients to other facilities offering detox and/or medication
4 assisted treatment, including but not limited to:
5 (i) free standing substance abuse facilities;
6 (ii) general hospitals;
7 (iii) residential facilities for persons who abuse or are dependent
8 upon opioids;
9 (iv) methadone maintenance programs; and
10 (v) outpatient facilities for persons who abuse or are dependent on
11 opioids.
12 § 2. This act shall take effect on the one hundred eightieth day after
13 it shall have become a law. Effective immediately, the addition, amende-
14 ment and/or repeal of any rule or regulation necessary for the implemen-
15 tation of this act on its effective date are authorized and directed to
16 be made and completed on or before such effective date.
