senate Bill S6477

Signed by Governor Amended

Provides for the use of opioid antagonists

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 28 / Jan / 2014
    • REFERRED TO HEALTH
  • 04 / Feb / 2014
    • 1ST REPORT CAL.104
  • 10 / Feb / 2014
    • 2ND REPORT CAL.
  • 11 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 10 / Mar / 2014
    • AMENDED ON THIRD READING (T) 6477A
  • 18 / Mar / 2014
    • AMENDED ON THIRD READING 6477B
  • 27 / Mar / 2014
    • PASSED SENATE
  • 27 / Mar / 2014
    • DELIVERED TO ASSEMBLY
  • 27 / Mar / 2014
    • REFERRED TO HEALTH
  • 06 / May / 2014
    • SUBSTITUTED FOR A8637B
  • 06 / May / 2014
    • ORDERED TO THIRD READING CAL.618
  • 06 / May / 2014
    • PASSED ASSEMBLY
  • 06 / May / 2014
    • RETURNED TO SENATE
  • 23 / Jun / 2014
    • DELIVERED TO GOVERNOR
  • 24 / Jun / 2014
    • SIGNED CHAP.42

Summary

Provides for the use of opioid antagonists.

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Bill Details

Versions:
S6477
S6477A
S6477B
Legislative Cycle:
2013-2014
Law Section:
Public Health Law
Laws Affected:
Amd §3309, Pub Health L

Votes

15
0
15
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Health committee vote details

Sponsor Memo

BILL NUMBER:S6477

TITLE OF BILL: An act to amend the public health law, in relation to
opioid overdose prevention

PURPOSE:

Allows health care professionals to prescribe or dispense an opioid
antagonist by a non-patient specific order and provides protections
against criminal and civil liability as well as professional
disciplinary action resulting from such prescribing.

SUMMARY OF PROVISIONS:

Section one amends the Public Health Law § 3390 to protect a health
care professional who prescribes or dispenses an opioid antagonist, in
good faith and with reasonable care, from any criminal or civil
liability or any professional disciplinary action that could result
from dispensing, prescribing, or administrating of an opioid
antagonist. This section also expands a health care professional's
authority to prescribe, dispense, and distribute an opioid antagonist
directly or by non-patient specific order to a person at risk of
experiencing an opioid-related overdose or to a family member, friend,
or other person in a position to assist a person at risk of
experiencing an opioid- related overdose. Lastly, this section allows
a person or organization acting under a non-patient specific order to
store and dispense an opioid antagonist without being subject to
provisions of title eight of the Education Law except provisions
regarding storage of drugs

Section two provides that the act shall take effect immediately.

JUSTIFICATION:

New York State, like the nation, is in the midst of a severe
prescription drug crisis. Prescriptions for opioids, particularly
oxycodone and hydrocodone have skyrocketed. The Centers for Disease
Control and Prevention reports that every 19 minutes, one person dies
from an accidental overdose or suicide as a result of prescription
drug abuse. In 2012, the legislature enacted the seminal I-STOP
legislation to track controlled substance prescribing, prevent doctor
shopping and weed out unscrupulous doctors. One unfortunate side
effect of successfully restricting street access to these controlled
substances, is that addicts are turning to other drugs, such as
heroin. Heroin has now become the cheaper alternative to opioids. On
Long Island it is estimated that heroin addiction has increased
fourfold since 2011.

As detailed in the Senate Health Committee's white paper The
Prescription Drug Crisis in New York. A Comprehensive Approach, there
is a need to look at the complete spectrum of drug abuse in order to
address this crisis. While the state has made great advances, much
more is needed. One of topics raised at the roundtables held by the
Health Committee in 2011 and 2012, was access to Naloxone (Narcan).
Naloxone, sometimes referred to as the drug-overdose antidote,
counteracts the life threatening depression of the central nervous
system and respiratory system caused by an opioid or heroin overdose.


If timely administered, Naloxone can prevent overdose deaths. The
Department of Health recommends administering Naloxone directly to an
individual overdosing on an opioid after calling 911 and checking for
breathing.

In 2005, the state authorized non-medical persons to administer
Naloxone to an individual in order to prevent an opioid or heroin
overdose from becoming fatal. In 2011, the state adopted good
samaritan protections for witnesses and victims of overdoses. By
removing the threat of prosecution, this measure encourages witnesses
of an overdose to call 911 before it becomes deadly.

Due to the increase of opioid abuse, expanded access to Naloxone has
become necessary priority to save lives. In Nassau County, EMTs
administer Naloxone through their police department's ambulance
services and in Suffolk County the state provided first responders
with Naloxone. Expanding upon the success of existing programs, more
lives could be saved if Naloxone was available to addicts, their
families and other people likely to be in a position to assist a
person at risk of an opioid related overdose. Currently, parents and
family members of addicts are being turned away from Naloxone training
programs or are attending the programs and not receiving Naloxone due
to the shortage of prescribers participating in such programs. Under
this legislation one prescriber would be able to issue a non-patient
specific order to numerous programs, allowing for increased access.
This legislation will enable the person who is likely to discover an
overdose victim the ability to save their life, a life that could
otherwise be lost if the victim has to wait for the EMT to arrive.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

Immediately

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6477

                            I N  S E N A T E

                            January 28, 2014
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation  to  opioid  overdose
  prevention

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3309 of the public health law, as added by  chapter
413 of the laws of 2005, is amended to read as follows:
  S  3309. Opioid overdose prevention. 1. The commissioner is authorized
to establish standards for approval of any  opioid  overdose  prevention
program  which may include, but not be limited to, standards for program
directors, appropriate clinical oversight, training, record keeping  and
reporting.
  2.  Notwithstanding  any inconsistent provisions of section sixty-five
hundred twelve of the education law or  any  other  law,  the  purchase,
acquisition,  possession or use of an opioid antagonist pursuant to this
section shall not constitute the unlawful practice of  a  profession  or
other violation under title eight of the education law or this article.
  3.    A  HEALTH  CARE  PROFESSIONAL WHO, ACTING IN GOOD FAITH AND WITH
REASONABLE CARE, PRESCRIBES OR DISPENSES AN OPIOID ANTAGONIST SHALL  NOT
BE SUBJECT TO ANY CRIMINAL OR CIVIL LIABILITY OR ANY PROFESSIONAL DISCI-
PLINARY  ACTION  FOR  (A)  SUCH  PRESCRIBING  OR DISPENSING, AND (B) ANY
OUTCOMES RESULTING FROM THE EVENTUAL ADMINISTRATION OF THE OPIOID ANTAG-
ONIST.
  4. NOTWITHSTANDING ANY OTHER LAW OR REGULATION, A HEALTH CARE  PROFES-
SIONAL  OTHERWISE  AUTHORIZED  TO  PRESCRIBE  AN  OPIOID ANTAGONIST MAY,
DIRECTLY OR BY NON-PATIENT  SPECIFIC  ORDER,  PRESCRIBE,  DISPENSE,  AND
DISTRIBUTE  AN  OPIOID ANTAGONIST TO A PERSON AT RISK OF EXPERIENCING AN
OPIOID-RELATED OVERDOSE OR TO A FAMILY MEMBER, FRIEND, OR  OTHER  PERSON
IN  A  POSITION TO ASSIST A PERSON AT RISK OF EXPERIENCING AN OPIOID-RE-
LATED OVERDOSE. ANY SUCH PRESCRIPTION SHALL BE REGARDED AS BEING  ISSUED
FOR  A  LEGITIMATE  MEDICAL  PURPOSE IN THE USUAL COURSE OF PROFESSIONAL
PRACTICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13628-01-4

S. 6477                             2

  5. NOTWITHSTANDING ANY OTHER LAW OR REGULATION, A PERSON OR  ORGANIZA-
TION  ACTING  UNDER A NON-PATIENT SPECIFIC ORDER ISSUED BY A HEALTH CARE
PROFESSIONAL WHO IS OTHERWISE AUTHORIZED TO PRESCRIBE AN  OPIOID  ANTAG-
ONIST  MAY STORE AND DISPENSE AN OPIOID ANTAGONIST WITHOUT BEING SUBJECT
TO  PROVISIONS  OF  TITLE  EIGHT  OF  THE  EDUCATION  LAW  EXCEPT  THOSE
PROVISIONS REGARDING STORAGE OF DRUGS.
  6. Use of an opioid antagonist  pursuant  to  this  section  shall  be
considered first aid or emergency treatment for the purpose of any stat-
ute relating to liability.
  [4.]  7.  The  commissioner shall publish findings on statewide opioid
overdose data that reviews overdose death rates and other information to
ascertain changes in the cause and rates of fatal opioid overdoses.  The
report  may  be  part  of existing state mortality reports issued by the
department, and shall be submitted  annually  for  three  years  and  as
deemed  necessary  by  the commissioner thereafter, to the governor, the
temporary president of the senate and the speaker of the  assembly.  The
report shall include, at a minimum, the following information:
  (a)  information  on  opioid  overdose  deaths, including age, gender,
ethnicity, and geographic location;
  (b) data on emergency room utilization for  the  treatment  of  opioid
overdose;
  (c) data on utilization of pre-hospital services;
  (d) suggested improvements in data collection.
  S 2. This act shall take effect immediately.

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