S T A T E O F N E W Y O R K
________________________________________________________________________
7774
I N S E N A T E
February 18, 2020
___________
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Alcoholism and Substance
Abuse
AN ACT to direct the department of health, in cooperation with various
state offices and agencies to study, evaluate, and make recommenda-
tions concerning the prescribing and treatment history of persons in
this state who suffered fatal and nonfatal opiate overdoses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Study of the prescribing and treatment history of persons
in this state who suffered fatal and nonfatal opiate overdoses. 1. Defi-
nitions. For the purposes of this section:
a. "Multiple provider episodes" shall mean a single patient having
access to opiate prescriptions from more than one provider.
b. "Poly-substance access" shall mean a patient having simultaneous
prescriptions for an opiate and a benzodiazepine or for an opiate and
another drug which may enhance the effects or the risks of drug abuse or
overdose.
c. "Provider" shall include any individual practicing medicine as
defined in section 6521 of the education law.
2. Study. The department of health, in cooperation with the department
of corrections and community supervision, the office of addiction
services and supports, and the office of mental health, shall conduct a
study of the prescribing and treatment history, including court-ordered
treatment or treatment within the criminal justice system, of persons in
this state who suffered fatal or nonfatal opiate overdoses beginning in
the calendar years 2011 to 2019 and yearly thereafter. Such study shall,
with regard to such persons, conduct or provide for an examination of:
a. instances of multiple provider episodes;
b. instances of poly-substance access;
c. the overall opiate prescription history of individuals, including
whether such individuals had access to legal prescriptions for opiate
drugs at the time of their overdoses;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13522-03-9
S. 7774 2
d. whether individuals had previously undergone voluntary or involun-
tary treatment for substance addiction or behavioral health;
e. whether individuals had attempted to enter but were denied access
to treatment for substance addiction or behavioral health;
f. whether individuals had received past treatment for a substance
overdose; and
g. whether any individuals had been previously detained or incarcerat-
ed and, if so, whether such individuals had received treatment during
such detention or incarceration.
3. Report. No later than one year after the effective date of this
act, the department of health, in cooperation with the department of
corrections and community supervision, the office of addiction services
and supports, and the office of mental health, shall deliver a report in
an aggregate and de-identified form on trends discovered through the
study conducted pursuant to subdivision two of this section to the
governor, the temporary president of the senate, and the speaker of the
assembly. The reports for the calendar year 2019 shall be completed and
delivered to the governor, the temporary president of the senate and the
speaker of the assembly by December 31, 2020. For future calendar years,
the report shall be completed and delivered to such persons on or before
December 31 of the following year.
4. Powers. All other departments or agencies of the state or subdivi-
sions thereof, and local governments shall, at the request of the
commissioner of health, the commissioner of corrections and community
supervision, the commissioner of the office of addiction services and
supports, or the commissioner of the office of mental health, or at the
request of the designee of any such commissioner, provide expertise,
assistance, and/or data that is relevant or material to the completion
of the study directed to be completed by subdivision two of this section
and the report directed to be completed by subdivision three of this
section.
§ 2. This act shall take effect immediately.