senate Bill S6477B

Signed by Governor

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

See Assembly Version of this Bill:
A8637B
Versions:
S6477
S6477A
S6477B
Legislative Cycle:
2013-2014
Law Section:
Public Health Law
Laws Affected:
Amd §3309, Pub Health L

Sponsor Memo

BILL NUMBER:S6477B

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
Commissioner 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 clarifies 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 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 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, 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 a 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 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--B
    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,  KENNEDY,   KRUEGER,   LANZA,   MARCHIONE,
  MARTINS, MONTGOMERY, PARKER, 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 -- again 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.
                                                           LBD13628-05-4

S. 6477--B                          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  OVERDOSE  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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