S T A T E O F N E W Y O R K
________________________________________________________________________
8541
2019-2020 Regular Sessions
I N A S S E M B L Y
August 23, 2019
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Introduced by M. of A. BRAUNSTEIN -- read once and referred to the
Committee on Alcoholism and Drug Abuse
AN ACT to amend the mental hygiene law, in relation to providing
discharged patients with opioid overdose training; to amend the
correction law, in relation to providing discharged inmates with
opioid overdose training; and to amend the public health law, in
relation to the provision of opioid antagonists for take home use upon
discharge from the hospital
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 29.15 of the mental hygiene law is amended by
adding a new subdivision (o) to read as follows:
(O) 1. A PATIENT ABOUT TO BE DISCHARGED OR CONDITIONALLY RELEASED FROM
AN INPATIENT FACILITY OPERATED OR LICENSED BY THE OFFICE OF ALCOHOLISM
AND SUBSTANCE ABUSE SERVICES AND WHO HAS BEEN DIAGNOSED WITH AN OPIOID
USE DISORDER SHALL PROVIDE SUCH PATIENT WITH AN OPIOID OVERDOSE EDUCA-
TION THAT:
(I) CONFORMS TO DEPARTMENT OF HEALTH OR FEDERAL SUBSTANCE ABUSE AND
MENTAL HEALTH SERVICES ADMINISTRATION GUIDELINES FOR OPIOID OVERDOSE
EDUCATION;
(II) EXPLAINS THE CAUSES OF AN OPIOID OVERDOSE;
(III) INSTRUCTS WHEN AND HOW TO ADMINISTER IN ACCORDANCE WITH MEDICAL
BEST PRACTICES BOTH:
(A) LIFE-SAVING RESCUE TECHNIQUES; AND
(B) AN OPIOID ANTAGONIST; AND
(IV) EXPLAINS HOW TO CONTACT APPROPRIATE EMERGENCY MEDICAL SERVICES.
2. SUCH FACILITY SHALL ALSO PROVIDE THE PATIENT AS THEY LEAVE THE
FACILITY WITH:
(I) TWO DOSES OF AN OPIOID ANTAGONIST IN A FORM APPROVED FOR TAKE HOME
USE BY THE FEDERAL FOOD AND DRUG ADMINISTRATION; AND
(II) A PRESCRIPTION FOR AN OPIOID ANTAGONIST.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13207-02-9
A. 8541 2
§ 2. The correction law is amended by adding a new section 149-a to
read as follows:
§ 149-A. RELEASED INMATES WITH OPIOID USE DISORDER. 1. UPON DISCHARGE
OF AN INMATE WHO HAS BEEN DIAGNOSED WITH AN OPIOID USE DISORDER FROM A
CORRECTIONAL FACILITY, REGARDLESS OF WHETHER THAT INMATE HAS RECEIVED
TREATMENT FOR THAT DISORDER, THE DEPARTMENT SHALL PROVIDE SUCH INMATE
WITH AN OPIOID OVERDOSE EDUCATION THAT:
(A) CONFORMS TO DEPARTMENT OF HEALTH OR FEDERAL SUBSTANCE ABUSE AND
MENTAL HEALTH SERVICES ADMINISTRATION GUIDELINES FOR OPIOID OVERDOSE
EDUCATION;
(B) EXPLAINS THE CAUSES OF AN OPIOID OVERDOSE;
(C) INSTRUCTS WHEN AND HOW TO ADMINISTER IN ACCORDANCE WITH MEDICAL
BEST PRACTICES BOTH:
(I) LIFE-SAVING RESCUE TECHNIQUES; AND
(II) AN OPIOID ANTAGONIST; AND
(D) EXPLAINS HOW TO CONTACT APPROPRIATE EMERGENCY MEDICAL SERVICES.
2. SUCH FACILITY SHALL ALSO PROVIDE THE INMATE AS THEY LEAVE THE
FACILITY WITH:
(A) TWO DOSES OF AN OPIOID ANTAGONIST IN A FORM APPROVED FOR TAKE HOME
USE BY THE FEDERAL FOOD AND DRUG ADMINISTRATION; AND
(B) A PRESCRIPTION FOR AN OPIOID ANTAGONIST.
§ 3. Subdivision 3 of section 2803-u of the public health law, as
added by section 1 of part C of chapter 70 of the laws of 2016, is
amended to read as follows:
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
emergency department, such hospital shall: (A) 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; AND (B) PROVIDE THE INDIVIDUAL WITH TWO DOSES OF AN OPIOID
ANTAGONIST IN A FORM APPROVED FOR TAKE HOME USE BY THE FEDERAL FOOD AND
DRUG ADMINISTRATION.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.