S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    606
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Health
 
 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 2020 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00365-01-1

 A. 606                              2
 
   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;
   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 2020 shall be completed and
 delivered to the governor, the temporary president of the senate and the
 speaker of the assembly by December 31, 2021. 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.