S T A T E O F N E W Y O R K
________________________________________________________________________
5498
2017-2018 Regular Sessions
I N S E N A T E
April 3, 2017
___________
Introduced by Sen. GOLDEN -- 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 reporting require-
ments for deaths resulting from opioid overdoses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 3309 of the public health law, as
amended by chapter 42 of the laws of 2014, is amended to read as
follows:
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, stan-
dards for program directors, appropriate clinical oversight, training,
AND record keeping [and]; PROVIDED, HOWEVER THAT SUCH STANDARDS SHALL
INCLUDE reporting REQUIREMENTS FOR DEATHS RESULTING FROM OPIOID OVER-
DOSES THAT ARE PRONOUNCED AT A HOSPITAL THAT HAS BEEN ISSUED AN OPERAT-
ING CERTIFICATE BY THE COMMISSIONER.
§ 2. Section 3372 of the public health law, as amended by chapter 195
of the laws of 1973, is amended to read as follows:
§ 3372. Practitioner patient reporting. 1. It shall be the duty of
every attending practitioner and every consulting practitioner to report
promptly to the commissioner, or his duly designated agent, the name
and, if possible, the address of, and such other data as may be required
by the commissioner with respect to, any person under treatment if he
finds that such person is an addict or a habitual user of any narcotic
drug. Such report shall be kept confidential and may be utilized only
for statistical, epidemiological or research purposes, except that those
reports which originate in the course of a criminal proceeding other
than under section 81.25 of the mental hygiene law shall be subject only
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10888-01-7
S. 5498 2
to the confidentiality requirements of section thirty-three hundred
seventy-one of this article.
2. IT SHALL BE THE DUTY OF EVERY ATTENDING PRACTITIONER AND EVERY
CONSULTING PRACTITIONER TO REPORT PROMPTLY TO THE COMMISSIONER, OR HIS
DULY DESIGNATED AGENT, THE NAME AND SUCH OTHER DATA AS MAY BE REQUIRED
BY THE COMMISSIONER WITH RESPECT TO ANY PERSON WHO DIED AS A RESULT OF
AN OPIOID OVERDOSE. SUCH REPORT SHALL BE KEPT CONFIDENTIAL AND MAY BE
UTILIZED ONLY FOR STATISTICAL, EPIDEMIOLOGICAL OR RESEARCH PURPOSES,
EXCEPT THAT THOSE REPORTS WHICH ORIGINATE IN THE COURSE OF A CRIMINAL
PROCEEDING OTHER THAN UNDER SECTION 81.25 OF THE MENTAL HYGIENE LAW
SHALL BE SUBJECT ONLY TO THE CONFIDENTIALITY REQUIREMENTS OF SECTION
THIRTY-THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law.