senate Bill S6477A

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

Sponsor Memo

BILL NUMBER:S6477A

TITLE OF BILL: An act to amend the public health law, in relation to
use of opioid antagonists

PURPOSE:

Allows for the prescribing, dispensing and distribution of an opioid
antagonist by a non-patient specific order.

SUMMARY OF PROVISIONS:

Section one amends Public Health Law § 3309 to authorize the Commission-
er of Health to establish standards for the prescribing, dispensing,
distribution, possession and administration of opioid antagonist under
the Opioid Overdose Prevention Program. This section expands a health
care professional's authority to prescribe, dispense or distribute,
directly or indirectly, an opioid antagonist by authorizing such by
non-patient-specific prescription. Additionally, this section provides
that a pharmacist may dispense through a non-patient-specific
prescription. A recipient of the opioid antagonist is authorized to
posses, distribute and administer the opioid antagonist. The bill clari-
fies that any recipient acting reasonably and in good faith pursuant to
this section shall not be liable. Lastly, this section requires the
program to report annually.

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 oxyco-
done 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 esti-
mated 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 the 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, counter-
acts 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 over-
dosing 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 prose-
cution, 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 a necessary priority to save lives. In Nassau County, EMTs admin-
ister 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 numer-
ous programs, allowing for increased access. This legislation will also
allow for expanded access through pharmacies. By increasing access, this
legislation will equip individuals likely to discover an overdose victim
with the ability to save their life.

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--A
    Cal. No. 104

                            I N  S E N A T E

                            January 28, 2014
                               ___________

Introduced  by Sens. HANNON, BOYLE, BALL, CARLUCCI, ESPAILLAT, GRISANTI,
  HASSELL-THOMPSON, HOYLMAN, KRUEGER, LANZA, MARTINS, MONTGOMERY, RIVERA
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Health -- reported  favorably  from  said  committee,
  ordered  to  first  and  second  report,  ordered  to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

AN  ACT  to  amend  the  public health law, in relation to use of opioid
  antagonists

  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, AND OPIOID ANTAGONIST  PRESCRIBING,  DISPENSING,  DISTRIBUTION,
POSSESSION  AND  ADMINISTRATION  PURSUANT  TO  THIS  SECTION  which  may
include, but not be limited to, standards for program directors,  appro-
priate 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) AS USED IN THIS SECTION:
  (I)  "OPIOID  ANTAGONIST"  MEANS  A DRUG APPROVED BY THE FOOD AND DRUG
ADMINISTRATION THAT, WHEN ADMINISTERED, NEGATES OR NEUTRALIZES IN  WHOLE
OR IN PART THE PHARMACOLOGICAL EFFECTS OF AN OPIOID IN THE BODY. "OPIOID
ANTAGONIST"  SHALL BE LIMITED TO NALOXONE AND OTHER MEDICATIONS APPROVED
BY THE DEPARTMENT FOR SUCH PURPOSE.
  (II) "HEALTH CARE PROFESSIONAL" MEANS A PERSON LICENSED, REGISTERED OR
AUTHORIZED PURSUANT TO TITLE EIGHT OF THE  EDUCATION  LAW  TO  PRESCRIBE
PRESCRIPTION DRUGS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13628-02-4

S. 6477--A                          2

  (III)  "PHARMACIST"  MEANS A PERSON LICENSED OR AUTHORIZED TO PRACTICE
PHARMACY PURSUANT TO ARTICLE ONE HUNDRED THIRTY-SEVEN OF  THE  EDUCATION
LAW.
  (IV)  "OPIOID  ANTAGONIST  RECIPIENT" OR "RECIPIENT" MEANS A PERSON AT
RISK OF EXPERIENCING AN OPIOID-RELATED OVERDOSE,  OR  A  FAMILY  MEMBER,
FRIEND  OR OTHER PERSON IN A POSITION TO ASSIST A PERSON EXPERIENCING OR
AT RISK OF EXPERIENCING AN OPIOID-RELATED OVERDOSE, OR  AN  ORGANIZATION
REGISTERED  AS  AN  OPIOID  OVERDOSE PREVENTION PROGRAM PURSUANT TO THIS
SECTION.
  (B)(I) A HEALTH CARE PROFESSIONAL MAY PRESCRIBE BY A  PATIENT-SPECIFIC
OR  NON-PATIENT-SPECIFIC  PRESCRIPTION, DISPENSE OR DISTRIBUTE, DIRECTLY
OR INDIRECTLY, AN OPIOID ANTAGONIST TO AN OPIOID ANTAGONIST RECIPIENT.
  (II) A  PHARMACIST  MAY  DISPENSE  AN  OPIOID  ANTAGONIST,  THROUGH  A
PATIENT-SPECIFIC  OR  NON-PATIENT-SPECIFIC PRESCRIPTION PURSUANT TO THIS
PARAGRAPH, TO AN OPIOID ANTAGONIST RECIPIENT.
  (III) AN OPIOID ANTAGONIST RECIPIENT MAY POSSESS AN OPIOID  ANTAGONIST
OBTAINED  PURSUANT  TO THIS PARAGRAPH, MAY DISTRIBUTE SUCH OPIOID ANTAG-
ONIST TO A RECIPIENT, AND MAY ADMINISTER SUCH  OPIOID  ANTAGONIST  TO  A
PERSON THE RECIPIENT REASONABLY BELIEVES IS EXPERIENCING AN OPIOID OVER-
DOSE.
  (IV) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT BE DEEMED TO REQUIRE A
PRESCRIPTION FOR ANY OPIOID ANTAGONIST THAT DOES NOT OTHERWISE REQUIRE A
PRESCRIPTION;  NOR SHALL IT BE DEEMED TO LIMIT THE AUTHORITY OF A HEALTH
CARE PROFESSIONAL TO PRESCRIBE, DISPENSE OR DISTRIBUTE, OR OF A  PHARMA-
CIST TO DISPENSE, AN OPIOID ANTAGONIST UNDER ANY OTHER PROVISION OF LAW.
  4.  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.] A RECIPIENT OR OPIOID  OVERDOES  PREVENTION  PROGRAM  UNDER  THIS
SECTION,  ACTING  REASONABLY  AND  IN GOOD FAITH IN COMPLIANCE WITH THIS
SECTION, SHALL NOT BE  SUBJECT  TO  CRIMINAL,  CIVIL  OR  ADMINISTRATIVE
LIABILITY SOLELY BY REASON OF SUCH ACTION.
  5.  The  commissioner shall publish findings on statewide opioid over-
dose 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,
AND THE CHAIRS OF THE SENATE AND ASSEMBLY HEALTH COMMITTEES. 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.] DATA ON UTILIZATION
OF OPIOID ANTAGONISTS; AND
  (E) ANY OTHER INFORMATION NECESSARY TO ASCERTAIN THE  SUCCESS  OF  THE
PROGRAM AND WAYS TO FURTHER REDUCE OVERDOSES.
  S 2. This act shall take effect immediately.

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