Amd 19.09 & 25.18, Ment Hyg L; amd 3309, Pub Health L
Relates to the availability of opioid reversal agents; requires the department of health to make available any formulation and dosage of opioid reversal agent approved by the federal food and drug administration; allows for choice of any formulation and dosage of opioid reversal agent approved by the federal food and drug administration in the purchase, distribution or authorization to prescribe or dispense such products and in any expenditure used for the purchase or distribution of an opioid reversal agent.
STATE OF NEW YORK
________________________________________________________________________
8991
IN SENATE
April 8, 2024
___________
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Alcoholism and Substance
Use Disorders
AN ACT to amend the mental hygiene law and the public health law, in
relation to the availability of opioid reversal agents
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (l) of section 19.09 of the mental hygiene law,
2 as added by chapter 434 of the laws of 2021, is amended to read as
3 follows:
4 (l)(1) The office, in consultation with the department of health,
5 shall maintain on its website a publicly available directory of all
6 distributors of opioid [antagonists] reversal agents to the public,
7 including but not limited to, pharmacies, prevention programs and not-
8 for-profits. As used in this subdivision, the following terms shall have
9 the following meanings:
10 (i) "Opioid" means an opiate as defined in section thirty-three
11 hundred two of the public health law.
12 (ii) "Opioid [antagonist] reversal agents" means a federal food and
13 drug administration-approved drug that, when administered, negates or
14 neutralizes in whole or in part the pharmacological effects of an opioid
15 in the body. The [opioid antagonist shall be limited to naloxone or
16 other medications approved by the department of health for this purpose]
17 department of health shall make available any formulation and dosage of
18 opioid reversal agents that are approved by the federal food and drug
19 administration.
20 (2) The directory required by this subdivision shall include and be
21 searchable by the following information:
22 (i) addresses of each distributor of opioid [antagonists] reversal
23 agents;
24 (ii) contact information, such as phone numbers or email addresses,
25 for each distributor;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11983-05-4
S. 8991 2
1 (iii) services offered by each distributor at each location if more
2 than one, as well as information providing which opioid [antagonists]
3 reversal agents are currently available at each distributor;
4 (iv) special populations served;
5 (v) insurance providers accepted;
6 (vi) hours of operation of each distributor;
7 (vii) contact information of opioid addiction prevention programs; and
8 (viii) any other information the commissioner deems necessary.
9 (3) The office may utilize an existing directory to satisfy the
10 requirements of this subdivision.
11 (4) The office shall allow for choice of any formulation and dosage of
12 opioid reversal agents that are approved by the federal food and drug
13 administration in the purchase, distribution or authorization to
14 prescribe or dispense such products.
15 § 2. Subdivision (b) of section 25.18 of the mental hygiene law is
16 amended by adding a new paragraph 4 to read as follows:
17 4. Any expenditure used for the purchase or distribution of an opioid
18 reversal agent, as defined in subparagraph (ii) of paragraph one of
19 subdivision (l) of section 19.09 of this title, shall allow for choice
20 of any formulation or dosage that is approved by the federal food and
21 drug administration.
22 § 3. Subparagraph (i) of paragraph (a) of subdivision 3 of section
23 3309 of the public health law, as amended by chapter 42 of the laws of
24 2014, is amended to read as follows:
25 (i) "Opioid [antagonist] reversal agents" means a drug approved by the
26 Food and Drug Administration that, when administered, negates or
27 neutralizes in whole or in part the pharmacological effects of an opioid
28 in the body. ["Opioid antagonist reversal agents" shall be limited to
29 naloxone and other medications approved by the department for such
30 purpose] The department shall make available any formulation and dosage
31 of opioid reversal agents that are approved by the federal Food and Drug
32 Administration.
33 § 4. Section 3309 of the public health law is amended by adding a new
34 subdivision 9 to read as follows:
35 9. Any purchase, distribution or authorization to prescribe pursuant
36 to this section by the commissioner shall allow for choice of any formu-
37 lation or dosage that is approved by the federal Food and Drug Adminis-
38 tration.
39 § 5. This act shall take effect immediately.
