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

                                  8138

                            I N  S E N A T E

                              June 14, 2016
                               ___________

Introduced by Sen. AMEDORE -- (at request of the Governor) -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Rules

AN  ACT  to  amend  the  education law, in relation to providing limited
  exemptions from professional misconduct (Part A); to amend the  public
  health law, in relation to reporting opioid overdose data to the coun-
  ties  (Part  B);  and  to  amend the public health law, in relation to
  hospital substance use disorder policies and procedures (Part C)

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

  Section  1.  This  act enacts into law major components of legislation
related to addressing the issue of heroin and  opioid  addictions.  Each
component  is  wholly  contained  within  a  Part  identified as Parts A
through C. The effective date for each  particular  provision  contained
within  such  Part  is  set  forth in the last section of such Part. Any
provision in any section contained within a Part, including  the  effec-
tive  date  of  the  Part, which makes a reference to a section "of this
act", when used in connection with that particular component,  shall  be
deemed  to  mean  and  refer to the corresponding section of the Part in
which it is found. Section three of this  act  sets  forth  the  general
effective date of this act.

                                 PART A

  Section 1. The education law is amended by adding a new section 6509-d
to read as follows:
  S  6509-D.  LIMITED  EXEMPTION FROM PROFESSIONAL MISCONDUCT.  NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  IT  SHALL  NOT  BE
CONSIDERED  PROFESSIONAL MISCONDUCT PURSUANT TO THIS SUB-ARTICLE FOR ANY
PERSON  WHO  IS LICENSED UNDER TITLE EIGHT OF THIS CHAPTER AND WHO WOULD
OTHERWISE BE PROHIBITED FROM PRESCRIBING OR ADMINISTERING DRUGS PURSUANT
TO THE ARTICLE THAT LICENSES SUCH INDIVIDUAL, TO  ADMINISTER  AN  OPIOID
ANTAGONIST IN THE EVENT OF AN EMERGENCY.
  S 2. This act shall take effect immediately.

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

                                                           LBD12079-01-6

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                                 PART B

  Section  1. Subdivision 6 of section 3309 of the public health law, as
added by a chapter of the laws of 2016 amending the  public  health  law
relating  to  reporting of opioid overdose data, as proposed in legisla-
tive bills numbers S.6516-A and A.9251-A, is amended to read as follows:
  6. The commissioner shall provide the  current  information  and  data
specified  in  subdivision  five  of  this  section to each county [on a
monthly basis] EVERY THREE MONTHS. Such  information  and  data  may  be
utilized  by  a county or any combination thereof as it works to address
the opioid epidemic.
  S 2. This act shall take effect on the  same  date  and  in  the  same
manner  as  a chapter of the laws of 2016 amending the public health law
relating to reporting of opioid overdose data, as proposed  in  legisla-
tive  bills  numbers  S.6516-A and A.9251-A, takes effect; provided that
the amendments to subdivision 6 of section 3309  of  the  public  health
law, made by section one of this act, shall not affect the expiration of
such subdivision, and shall be deemed repealed therewith.

                                 PART C

  Section  1.  The  public health law is amended by adding a new section
2803-u to read as follows:
  S 2803-U. HOSPITAL SUBSTANCE USE DISORDER POLICIES AND PROCEDURES.  1.
THE  OFFICE  OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, IN CONSULTATION
WITH THE DEPARTMENT, SHALL DEVELOP OR UTILIZE EXISTING EDUCATIONAL MATE-
RIALS TO BE PROVIDED TO GENERAL HOSPITALS TO DISSEMINATE TO  INDIVIDUALS
WITH  A DOCUMENTED SUBSTANCE USE DISORDER OR WHO APPEAR TO HAVE OR BE AT
RISK FOR A SUBSTANCE USE DISORDER DURING DISCHARGE PLANNING PURSUANT  TO
SECTION  TWENTY-EIGHT  HUNDRED  THREE-I  OF THIS CHAPTER. SUCH MATERIALS
SHALL INCLUDE INFORMATION REGARDING THE VARIOUS TYPES OF  TREATMENT  AND
RECOVERY  SERVICES, INCLUDING BUT NOT LIMITED TO: INPATIENT, OUTPATIENT,
AND MEDICATION-ASSISTED TREATMENT; HOW TO RECOGNIZE THE NEED FOR  TREAT-
MENT  SERVICES;  INFORMATION  FOR INDIVIDUALS TO DETERMINE WHAT TYPE AND
LEVEL OF TREATMENT IS MOST APPROPRIATE AND WHAT RESOURCES ARE  AVAILABLE
TO THEM; AND ANY OTHER INFORMATION THE COMMISSIONER DEEMS APPROPRIATE.
  2. EVERY GENERAL HOSPITAL SHALL: (A) WITHIN EXISTING OR IN ADDITION TO
CURRENT  POLICIES  AND  PROCEDURES,  DEVELOP,  MAINTAIN AND DISSEMINATE,
WRITTEN POLICIES AND PROCEDURES, FOR THE IDENTIFICATION, ASSESSMENT  AND
REFERRAL  OF INDIVIDUALS WITH A DOCUMENTED SUBSTANCE USE DISORDER OR WHO
APPEAR TO HAVE OR BE AT RISK FOR A SUBSTANCE USE DISORDER AS DEFINED  IN
SECTION 1.03 OF THE MENTAL HYGIENE LAW;
  (B)  ESTABLISH  AND IMPLEMENT TRAINING, WITHIN EXISTING OR IN ADDITION
TO CURRENT TRAINING PROGRAMS, FOR ALL INDIVIDUALS LICENSED OR  CERTIFIED
PURSUANT  TO TITLE EIGHT OF THE EDUCATION LAW WHO PROVIDE DIRECT PATIENT
CARE REGARDING THE POLICIES AND PROCEDURES ESTABLISHED PURSUANT TO  THIS
SECTION; AND
  (C)  EXCEPT  WHERE  AN  INDIVIDUAL  HAS  COME  INTO THE HOSPITAL UNDER
SECTION 22.09 OF THE MENTAL  HYGIENE  LAW,  IF  THE  HOSPITAL  DOES  NOT
DIRECTLY  PROVIDE  SUBSTANCE  USE DISORDER SERVICES, THEN IT SHALL REFER
INDIVIDUALS IN NEED OF SUBSTANCE USE DISORDER SERVICES TO AND COORDINATE
WITH SUBSTANCE USE DISORDER SERVICES PROGRAMS  THAT  PROVIDE  BEHAVIORAL
HEALTH SERVICES, AS DEFINED IN SECTION 1.03 OF THE MENTAL HYGIENE LAW.
  3. UPON COMMENCEMENT OF TREATMENT, ADMISSION, OR DISCHARGE OF AN INDI-
VIDUAL  WITH  A DOCUMENTED SUBSTANCE USE DISORDER OR WHO APPEARS TO HAVE
OR BE AT RISK FOR A SUBSTANCE USE DISORDER, INCLUDING DISCHARGE FROM THE

S. 8138                             3

EMERGENCY DEPARTMENT, SUCH HOSPITAL SHALL INFORM THE INDIVIDUAL  OF  THE
AVAILABILITY  OF  THE SUBSTANCE USE DISORDER TREATMENT SERVICES THAT MAY
BE AVAILABLE TO THEM THROUGH A SUBSTANCE USE DISORDER SERVICES PROGRAM.
  4.  THE  COMMISSIONER,  IN  CONSULTATION  WITH THE COMMISSIONER OF THE
OFFICE OF ALCOHOLISM AND SUBSTANCE  ABUSE  SERVICES,  SHALL  MAKE  REGU-
LATIONS  AS  MAY  BE NECESSARY AND PROPER TO CARRY OUT THE PROVISIONS OF
THIS SECTION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that the commissioner  of
health  and  the commissioner of alcoholism and substance abuse services
shall make regulations and take other actions  reasonably  necessary  to
implement this act on such date.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Parts A through C of this act shall be
as specifically set forth in the last section of such Parts.