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.
STATE OF NEW YORK
________________________________________________________________________
8075--D
2023-2024 Regular Sessions
IN ASSEMBLY
September 27, 2023
___________
Introduced by M. of A. STECK, FAHY, GUNTHER, McDONALD, NOVAKHOV, DeSTE-
FANO, SIMON, DAVILA, BENDETT, K. BROWN, CHANG, LEVENBERG, WEPRIN,
SOLAGES, PAULIN -- Multi-Sponsored by -- M. of A. WOERNER -- read once
and referred to the Committee on Alcoholism and Drug Abuse -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee -- again reported from said committee with
amendments, ordered reprinted as amended and recommitted to said
committee -- 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 -- reported and referred to the Committee on Ways and Means
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11983-06-4
A. 8075--D 2
1 in the body. The [opioid antagonist shall be limited to naloxone or
2 other medications approved by the department of health for this purpose]
3 department of health shall make available any formulation and dosage of
4 opioid reversal agents that are approved by the federal food and drug
5 administration.
6 (iii) "Purchaser" means any community organization, municipality,
7 pharmacy, medical facility, hospital, or any other entity, that accesses
8 opioid reversal drugs through the New York state standing order.
9 (2) The directory required by this subdivision shall include and be
10 searchable by the following information:
11 (i) addresses of each distributor of opioid [antagonists] reversal
12 agents;
13 (ii) contact information, such as phone numbers or email addresses,
14 for each distributor;
15 (iii) services offered by each distributor at each location if more
16 than one, as well as information providing which opioid [antagonists]
17 reversal agents are currently available at each distributor;
18 (iv) special populations served;
19 (v) insurance providers accepted;
20 (vi) hours of operation of each distributor;
21 (vii) contact information of opioid addiction prevention programs; and
22 (viii) any other information the commissioner deems necessary.
23 (3) The office may utilize an existing directory to satisfy the
24 requirements of this subdivision.
25 (4) The office shall allow for choice of any formulation and dosage of
26 opioid reversal agents that are approved by the federal food and drug
27 administration in the purchase, distribution or authorization to
28 prescribe or dispense such products. The department shall cover the cost
29 of any formulation and/or dosage of any federal food and drug adminis-
30 tration-approved nasal naloxone product. Any other product where the
31 cost exceeds that of highest-priced nasal naloxone product, that cost
32 overrun shall be borne by the purchaser.
33 § 2. Subparagraph (i) of paragraph (a) of subdivision 3 of section
34 3309 of the public health law, as amended by chapter 42 of the laws of
35 2014, is amended to read as follows:
36 (i) "Opioid [antagonist] reversal agents" means a drug approved by the
37 Food and Drug Administration that, when administered, negates or
38 neutralizes in whole or in part the pharmacological effects of an opioid
39 in the body. ["Opioid antagonist reversal agents" shall be limited to
40 naloxone and other medications approved by the department for such
41 purpose] The department shall make available any formulation and dosage
42 of opioid reversal agents that are approved by the federal Food and Drug
43 Administration.
44 § 3. Section 3309 of the public health law is amended by adding a new
45 subdivision 9 to read as follows:
46 9. Any purchase, distribution or authorization to prescribe pursuant
47 to this section by the commissioner shall allow for choice of any formu-
48 lation or dosage that is approved by the federal Food and Drug Adminis-
49 tration. The department shall cover the cost of any formulation and/or
50 dosage of any federal Food and Drug Administration-approved nasal nalox-
51 one product. Any other product where the cost exceeds that of highest-
52 priced nasal naloxone product, that cost overrun shall be borne by the
53 purchaser.
54 § 4. This act shall take effect immediately.
