Assemblymember Phil Steck (D-Colonie) announced he introduced a bill that would allow emergency intervention for those who suffer from heroin and other addiction (A.9501). If a person becomes incapacitated due to substance abuse and poses a threat to themselves or others, the bill allows them to be held for up to 72 hours for detox treatment at a treatment facility or hospital. If it is deemed by the reviewing physician that the person’s chemical abuse is likely to result in harm to themselves or others a petition can be made for them to be admitted for involuntary treatment for up to 90 days.

Additionally, this legislation gives parents, spouses and friends the opportunity to intervene when they recognize a loved one has a problem with addiction. The petition process will help get them the treatment needed even if their loved one refuses.

“As we work to combat the growing heroin epidemic, greater access to treatment is necessary to help those struggling with addiction,” said Steck. “Our goal is to save lives and provide long-term solutions that will put people on the path to recovery.”

Steck noted that help for those struggling with addiction must go beyond the use of Narcan, a medication that can revive someone after an overdose, and that those who have overdosed should be provided with the resources that will help them return to a safe and healthy life such as access to long-term treatment programs.

“While I recognize that a person who is resistant to treatment may fail, and that it may take more than one or two efforts to succeed, we have been very successful with our DWI program in leading people into treatment for alcoholism,” said Steck. “I do not see why this cannot be the case with other drugs.”

The genesis of this legislation was from local parent Heidi Troche, who spoke at a Substance Abuse Solutions awareness event and panel held on May 18th about her experiences as the mother of an addict. The panel was hosted by Assemblymember Steck with presenting partners The Addictions Care Center of Albany, The National Guard Counterdrug Task Force, The Regional Underage Drinking and Drug Use Prevention Coalition, Colonie Chief of Police Jon Teale and Albany County Sheriff Craig Apple, as well as young people who have been impacted by substance abuse.

“When I think of heroin, I think of the damage it has done to my daughter and the scar it has left on our lives,” said Heidi Troche, concerned mother and advocate. “Legislation like this is the only tool a parent or family member has to get their child or loved one into inpatient treatment. An individual who has overdosed is incapable of making rational decisions and presents a danger to everyone in our community. Families need laws that can help them save loved ones, and I am thankful Assemblymember Steck wants to see that those laws are in place.”

This legislation would provide that once a person arrives for treatment after an overdose, a doctor will decide whether they risk harming themselves or others as a result of their substance abuse disorder. The doctor can then commit the person to a treatment facility for up to 72 hours to stabilize them and make a medical assessment. If the doctor of that facility decides the patient needs additional treatment after the initial period of up to 72 hours and the patient does not agree to stay, the facility can ask a judge to make a determination as to whether the patient requires further treatment and may involuntarily retain them for up to 90 days. This is similar to what is done under existing law in cases of mental illness.

“Narcan is a life-saving tool in the fight against heroin, but it's not a silver bullet,” said Senator Robert Ortt (R-North Tonawanda). “We need only look at the vicious cycle we've seen so many times – instances where individuals overdose on heroin, are revived by Narcan, and overdose again hours later – to understand the need for accountability and treatment. The immediate aftermath of surviving a heroin overdose is painful for the victim – mentally, physically, and emotionally – and that underscores the need to get addicts help at such a critical time. I'm truly thankful for Assemblymember Steck's partnership on this issue that resonates so strongly across our entire state.”

“The revolving door of addicts in and out of hospitals and county jails, as well as the strain this places on emergency services, police departments and social services, not to mention the public health crisis intravenous drug users present in the form of HIV and Hepatitis, cries out for a solution,” stated Albany County Sheriff Craig Apple. “The human and financial costs to our entire community are just too great to continue the status quo. I am supportive of any legislation that gets addicts into treatment.”