NY State Assembly Bill 2023-A8075D

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2024	referred to rules delivered to senate passed assembly
Jun 05, 2024	ordered to third reading rules cal.448 rules report cal.448 reported reported referred to rules
Jun 03, 2024	print number 8075d
Jun 03, 2024	amend and recommit to ways and means
Apr 09, 2024	reported referred to ways and means
Jan 30, 2024	print number 8075c
Jan 30, 2024	amend (t) and recommit to alcoholism and drug abuse
Jan 03, 2024	referred to alcoholism and drug abuse
Oct 27, 2023	print number 8075b
Oct 27, 2023	amend and recommit to alcoholism and drug abuse
Oct 11, 2023	print number 8075a
Oct 11, 2023	amend and recommit to alcoholism and drug abuse
Sep 27, 2023	referred to alcoholism and drug abuse

Bill Amendments

Original

D (Active)

2023-A8075 - Details

See Senate Version of this Bill:: S8991
Current Committee:: Senate Rules
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §19.09, Ment Hyg L; amd §3309, Pub Health L
Versions Introduced in 2025-2026 Legislative Session:: A265, S4150

2023-A8075 - Summary

Relates to the availability of opioid reversal agents; requires the department of health to make available any formulation and dosage of opioid reversal agent approved by the federal food and drug administration.

2023-A8075 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8075
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 27, 2023
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Alcoholism and Drug Abuse
 
 AN ACT to amend the mental hygiene law and the  public  health  law,  in
   relation to the availability of opioid antagonists
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (l) of section 19.09 of the mental hygiene law,
 as added by chapter 434 of the laws of  2021,  is  amended  to  read  as
 follows:
   (l)(1)  The  office,  in  consultation  with the department of health,
 shall maintain on its website a  publicly  available  directory  of  all
 distributors  of  opioid  antagonists  to  the public, including but not
 limited to, pharmacies, prevention programs and not-for-profits. As used
 in this subdivision, the following terms shall have the following  mean-
 ings:
   (i)  "Opioid"  means  an  opiate  as  defined  in section thirty-three
 hundred two of the public health law.
   (ii) "Opioid antagonist" means a federal  food  and  drug  administra-
 tion-approved  drug  that,  when administered, negates or neutralizes in
 whole or in part the pharmacological effects of an opioid in  the  body.
 The  opioid antagonist shall be limited to naloxone or other medications
 approved by the department of health for this purpose, PROVIDED,  HOWEV-
 ER,  THAT THE DEPARTMENT OF HEALTH SHALL MAKE  AVAILABLE ANY FORMULATION
 AND DOSAGE OF OPIOID ANTAGONIST THAT ARE APPROVED BY  THE  FEDERAL  FOOD
 AND DRUG ADMINISTRATION.
   (2)  The  directory  required by this subdivision shall include and be
 searchable by the following information:
   (i) addresses of each distributor of opioid antagonists;
   (ii) contact information, such as phone numbers  or  email  addresses,
 for each distributor;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11983-01-3
 A. 8075                             2

 
   (iii)  services  offered  by each distributor at each location if more
 than one, as well as information providing which opioid antagonists  are
 currently available at each distributor;
   (iv) special populations served;
   (v) insurance providers accepted;
   (vi) hours of operation of each distributor;
   (vii) contact information of opioid addiction prevention programs; and
   (viii) any other information the commissioner deems necessary.
   (3)  The  office  may  utilize  an  existing  directory to satisfy the
 requirements of this subdivision.
   (4) THE OFFICE SHALL ALLOW FOR CHOICE OF ANY FORMULATION AND DOSAGE OF
 OPIOID ANTAGONIST THAT ARE APPROVED BY THE FEDERAL FOOD AND DRUG  ADMIN-
 ISTRATION IN THE PURCHASE, DISTRIBUTION OR AUTHORIZATION TO PRESCRIBE OR
 DISPENSE SUCH PRODUCTS.
   §  2.  Subdivision  (b)  of section 25.18 of the mental hygiene law is
 amended by adding a new paragraph 4 to read as follows:
   4. ANY EXPENDITURE USED FOR THE PURCHASE OR DISTRIBUTION OF AN  OPIOID
 ANTAGONIST, AS DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH (1) OF SUBDIVI-
 SION  (L)  OF SECTION 19.09 OF THIS TITLE, SHALL ALLOW FOR CHOICE OF ANY
 FORMULATION OR DOSAGE THAT IS APPROVED BY  THE  FEDERAL  FOOD  AND  DRUG
 ADMINISTRATION.
   §  3.  Subparagraph  (i)  of paragraph (a) of subdivision 3 of section
 3309 of the public health law, as amended by chapter 42 of the  laws  of
 2014, is amended to read as follows:
   (i)  "Opioid  antagonist"  means  a drug approved by the Food and Drug
 Administration that, when administered, negates or neutralizes in  whole
 or in part the pharmacological effects of an opioid in the body. "Opioid
 antagonist"  shall be limited to naloxone and other medications approved
 by the department for such purpose, PROVIDED, HOWEVER, THAT THE  DEPART-
 MENT  SHALL  MAKE  AVAILABLE ANY FORMULATION AND DOSAGE OF OPIOID ANTAG-
 ONIST THAT ARE APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION.
   § 4. Section 3309 of the public health law is amended by adding a  new
 subdivision 9 to read as follows:
   9.  ANY  PURCHASE, DISTRIBUTION OR AUTHORIZATION TO PRESCRIBE PURSUANT
 TO THIS SECTION BY THE COMMISSIONER SHALL ALLOW FOR CHOICE OF ANY FORMU-
 LATION OR DOSAGE THAT IS APPROVED BY THE FEDERAL FOOD AND DRUG  ADMINIS-
 TRATION.
   § 5. This act shall take effect immediately.

co-Sponsors

2023-A8075A - Details

See Senate Version of this Bill:: S8991
Current Committee:: Senate Rules
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §19.09, Ment Hyg L; amd §3309, Pub Health L
Versions Introduced in 2025-2026 Legislative Session:: A265, S4150

2023-A8075A - Summary

2023-A8075A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8075--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 27, 2023
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Alcoholism and Drug Abuse -- committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the mental hygiene law and the public health law, in
   relation to the availability of opioid antagonists

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (l) of section 19.09 of the mental hygiene law,
 as  added  by  chapter  434  of  the laws of 2021, is amended to read as
 follows:
   (l)(1) The office, in consultation  with  the  department  of  health,
 shall  maintain  on  its  website  a publicly available directory of all
 distributors of opioid antagonists to  the  public,  including  but  not
 limited to, pharmacies, prevention programs and not-for-profits. As used
 in  this subdivision, the following terms shall have the following mean-
 ings:
   (i) "Opioid" means  an  opiate  as  defined  in  section  thirty-three
 hundred two of the public health law.
   (ii)  "Opioid  antagonist"  means  a federal food and drug administra-
 tion-approved drug that, when administered, negates  or  neutralizes  in
 whole  or  in part the pharmacological effects of an opioid in the body.
 The [opioid antagonist shall be limited to naloxone or other medications
 approved by the department of health for  this  purpose]  DEPARTMENT  OF
 HEALTH  SHALL MAKE AVAILABLE ANY FORMULATION AND DOSAGE OF OPIOID ANTAG-
 ONIST THAT ARE APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION.
   (2) The directory required by this subdivision shall  include  and  be
 searchable by the following information:
   (i) addresses of each distributor of opioid antagonists;
   (ii)  contact  information,  such as phone numbers or email addresses,
 for each distributor;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11983-02-3
 A. 8075--A                          2

 
   (iii) services offered by each distributor at each  location  if  more
 than  one, as well as information providing which opioid antagonists are
 currently available at each distributor;
   (iv) special populations served;
   (v) insurance providers accepted;
   (vi) hours of operation of each distributor;
   (vii) contact information of opioid addiction prevention programs; and
   (viii) any other information the commissioner deems necessary.
   (3)  The  office  may  utilize  an  existing  directory to satisfy the
 requirements of this subdivision.
   (4) THE OFFICE SHALL ALLOW FOR CHOICE OF ANY FORMULATION AND DOSAGE OF
 OPIOID ANTAGONIST THAT ARE APPROVED BY THE FEDERAL FOOD AND DRUG  ADMIN-
 ISTRATION IN THE PURCHASE, DISTRIBUTION OR AUTHORIZATION TO PRESCRIBE OR
 DISPENSE SUCH PRODUCTS.
   §  2.  Subdivision  (b)  of section 25.18 of the mental hygiene law is
 amended by adding a new paragraph 4 to read as follows:
   4. ANY EXPENDITURE USED FOR THE PURCHASE OR DISTRIBUTION OF AN  OPIOID
 ANTAGONIST, AS DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH ONE OF SUBDIVI-
 SION  (L)  OF SECTION 19.09 OF THIS TITLE, SHALL ALLOW FOR CHOICE OF ANY
 FORMULATION OR DOSAGE THAT IS APPROVED BY  THE  FEDERAL  FOOD  AND  DRUG
 ADMINISTRATION.
   §  3.  Subparagraph  (i)  of paragraph (a) of subdivision 3 of section
 3309 of the public health law, as amended by chapter 42 of the  laws  of
 2014, is amended to read as follows:
   (i)  "Opioid  antagonist"  means  a drug approved by the Food and Drug
 Administration that, when administered, negates or neutralizes in  whole
 or in part the pharmacological effects of an opioid in the body. "Opioid
 antagonist"  shall be limited to naloxone and other medications approved
 by the department for such purpose, PROVIDED, HOWEVER, THAT THE  DEPART-
 MENT  SHALL  MAKE  AVAILABLE ANY FORMULATION AND DOSAGE OF OPIOID ANTAG-
 ONIST THAT ARE APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION.
   § 4. Section 3309 of the public health law is amended by adding a  new
 subdivision 9 to read as follows:
   9.  ANY  PURCHASE, DISTRIBUTION OR AUTHORIZATION TO PRESCRIBE PURSUANT
 TO THIS SECTION BY THE COMMISSIONER SHALL ALLOW FOR CHOICE OF ANY FORMU-
 LATION OR DOSAGE THAT IS APPROVED BY THE FEDERAL FOOD AND DRUG  ADMINIS-
 TRATION.
   § 5. This act shall take effect immediately.

co-Sponsors

2023-A8075B - Details

See Senate Version of this Bill:: S8991
Current Committee:: Senate Rules
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §19.09, Ment Hyg L; amd §3309, Pub Health L
Versions Introduced in 2025-2026 Legislative Session:: A265, S4150

2023-A8075B - Summary

2023-A8075B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8075--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 27, 2023
                                ___________
 
 Introduced  by  M.  of  A.  STECK, FAHY -- read once and referred to the
   Committee on Alcoholism and Drug Abuse -- committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- again reported from said  committee  with  amendments,  ordered
   reprinted as amended and recommitted to said committee

 AN  ACT  to  amend  the mental hygiene law and the public health law, in
   relation to the availability of opioid antagonists
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (l) of section 19.09 of the mental hygiene law,
 as  added  by  chapter  434  of  the laws of 2021, is amended to read as
 follows:
   (l)(1) The office, in consultation  with  the  department  of  health,
 shall  maintain  on  its  website  a publicly available directory of all
 distributors of opioid antagonists to  the  public,  including  but  not
 limited to, pharmacies, prevention programs and not-for-profits. As used
 in  this subdivision, the following terms shall have the following mean-
 ings:
   (i) "Opioid" means  an  opiate  as  defined  in  section  thirty-three
 hundred two of the public health law.
   (ii)  "Opioid  antagonist"  means  a federal food and drug administra-
 tion-approved drug that, when administered, negates  or  neutralizes  in
 whole  or  in part the pharmacological effects of an opioid in the body.
 The [opioid antagonist shall be limited to naloxone or other medications
 approved by the department of health for  this  purpose]  DEPARTMENT  OF
 HEALTH  SHALL MAKE AVAILABLE ANY FORMULATION AND DOSAGE OF OPIOID ANTAG-
 ONIST THAT ARE APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION.
   (2) The directory required by this subdivision shall  include  and  be
 searchable by the following information:
   (i) addresses of each distributor of opioid antagonists;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11983-03-3
 A. 8075--B                          2

 
   (ii)  contact  information,  such as phone numbers or email addresses,
 for each distributor;
   (iii)  services  offered  by each distributor at each location if more
 than one, as well as information providing which opioid antagonists  are
 currently available at each distributor;
   (iv) special populations served;
   (v) insurance providers accepted;
   (vi) hours of operation of each distributor;
   (vii) contact information of opioid addiction prevention programs; and
   (viii) any other information the commissioner deems necessary.
   (3)  The  office  may  utilize  an  existing  directory to satisfy the
 requirements of this subdivision.
   (4) THE OFFICE SHALL ALLOW FOR CHOICE OF ANY FORMULATION AND DOSAGE OF
 OPIOID ANTAGONIST THAT ARE APPROVED BY THE FEDERAL FOOD AND DRUG  ADMIN-
 ISTRATION IN THE PURCHASE, DISTRIBUTION OR AUTHORIZATION TO PRESCRIBE OR
 DISPENSE SUCH PRODUCTS.
   §  2.  Subdivision  (b)  of section 25.18 of the mental hygiene law is
 amended by adding a new paragraph 4 to read as follows:
   4. ANY EXPENDITURE USED FOR THE PURCHASE OR DISTRIBUTION OF AN  OPIOID
 ANTAGONIST, AS DEFINED IN SUBPARAGRAPH (II) OF PARAGRAPH ONE OF SUBDIVI-
 SION  (L)  OF SECTION 19.09 OF THIS TITLE, SHALL ALLOW FOR CHOICE OF ANY
 FORMULATION OR DOSAGE THAT IS APPROVED BY  THE  FEDERAL  FOOD  AND  DRUG
 ADMINISTRATION.
   §  3.  Subparagraph  (i)  of paragraph (a) of subdivision 3 of section
 3309 of the public health law, as amended by chapter 42 of the  laws  of
 2014, is amended to read as follows:
   (i)  "Opioid  antagonist"  means  a drug approved by the Food and Drug
 Administration that, when administered, negates or neutralizes in  whole
 or  in  part  the  pharmacological  effects  of  an  opioid in the body.
 ["Opioid antagonist" shall be limited to naloxone and other  medications
 approved  by  the department for such purpose] THE DEPARTMENT SHALL MAKE
 AVAILABLE ANY FORMULATION AND  DOSAGE  OF  OPIOID  ANTAGONIST  THAT  ARE
 APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION.
   §  4. Section 3309 of the public health law is amended by adding a new
 subdivision 9 to read as follows:
   9. ANY PURCHASE, DISTRIBUTION OR AUTHORIZATION TO  PRESCRIBE  PURSUANT
 TO THIS SECTION BY THE COMMISSIONER SHALL ALLOW FOR CHOICE OF ANY FORMU-
 LATION  OR DOSAGE THAT IS APPROVED BY THE FEDERAL FOOD AND DRUG ADMINIS-
 TRATION.
   § 5. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2023-A8075C - Details

See Senate Version of this Bill:: S8991
Current Committee:: Senate Rules
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §19.09, Ment Hyg L; amd §3309, Pub Health L
Versions Introduced in 2025-2026 Legislative Session:: A265, S4150

2023-A8075C - Summary

2023-A8075C - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8075--C
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 27, 2023
                                ___________
 
 Introduced  by  M.  of  A.  STECK, FAHY -- read once and referred to the
   Committee on Alcoholism and Drug Abuse -- committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- again reported from said  committee  with  amendments,  ordered
   reprinted  as amended and recommitted to said committee -- recommitted
   to the Committee on Alcoholism  and  Drug  Abuse  in  accordance  with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the mental hygiene law and the public health law, in
   relation to the availability of opioid reversal agents
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (l) of section 19.09 of the mental hygiene law,
 as  added  by  chapter  434  of  the laws of 2021, is amended to read as
 follows:
   (l)(1) The office, in consultation  with  the  department  of  health,
 shall  maintain  on  its  website  a publicly available directory of all
 distributors of opioid [antagonists]  REVERSAL  AGENTS  to  the  public,
 including  but  not limited to, pharmacies, prevention programs and not-
 for-profits. As used in this subdivision, the following terms shall have
 the following meanings:
   (i) "Opioid" means  an  opiate  as  defined  in  section  thirty-three
 hundred two of the public health law.
   (ii)  "Opioid  [antagonist]  REVERSAL AGENTS" means a federal food and
 drug administration-approved drug that, when  administered,  negates  or
 neutralizes in whole or in part the pharmacological effects of an opioid
 in  the  body.  The  [opioid  antagonist shall be limited to naloxone or
 other medications approved by the department of health for this purpose]
 DEPARTMENT OF HEALTH SHALL MAKE AVAILABLE ANY FORMULATION AND DOSAGE  OF
 OPIOID  REVERSAL  AGENTS  THAT ARE APPROVED BY THE FEDERAL FOOD AND DRUG
 ADMINISTRATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11983-04-4

 A. 8075--C                          2
 
   (2) The directory required by this subdivision shall  include  and  be
 searchable by the following information:
   (i)  addresses  of  each  distributor of opioid [antagonists] REVERSAL
 AGENTS;
   (ii) contact information, such as phone numbers  or  email  addresses,
 for each distributor;
   (iii)  services  offered  by each distributor at each location if more
 than one, as well as information providing  which  opioid  [antagonists]
 REVERSAL AGENTS are currently available at each distributor;
   (iv) special populations served;
   (v) insurance providers accepted;
   (vi) hours of operation of each distributor;
   (vii) contact information of opioid addiction prevention programs; and
   (viii) any other information the commissioner deems necessary.
   (3)  The  office  may  utilize  an  existing  directory to satisfy the
 requirements of this subdivision.
   (4) THE OFFICE SHALL ALLOW FOR CHOICE OF ANY FORMULATION AND DOSAGE OF
 OPIOID REVERSAL AGENTS THAT ARE APPROVED BY THE FEDERAL  FOOD  AND  DRUG
 ADMINISTRATION   IN  THE  PURCHASE,  DISTRIBUTION  OR  AUTHORIZATION  TO
 PRESCRIBE OR DISPENSE SUCH PRODUCTS.
   § 2. Subdivision (b) of section 25.18 of the  mental  hygiene  law  is
 amended by adding a new paragraph 4 to read as follows:
   4.  ANY EXPENDITURE USED FOR THE PURCHASE OR DISTRIBUTION OF AN OPIOID
 REVERSAL AGENT, AS DEFINED IN SUBPARAGRAPH  (II)  OF  PARAGRAPH  ONE  OF
 SUBDIVISION  (L)  OF SECTION 19.09 OF THIS TITLE, SHALL ALLOW FOR CHOICE
 OF ANY FORMULATION OR DOSAGE THAT IS APPROVED BY THE  FEDERAL  FOOD  AND
 DRUG ADMINISTRATION.
   §  3.  Subparagraph  (i)  of paragraph (a) of subdivision 3 of section
 3309 of the public health law, as amended by chapter 42 of the  laws  of
 2014, is amended to read as follows:
   (i) "Opioid [antagonist] REVERSAL AGENTS" means a drug approved by the
 Food  and  Drug  Administration  that,  when  administered,  negates  or
 neutralizes in whole or in part the pharmacological effects of an opioid
 in the body. ["Opioid antagonist reversal agents" shall  be  limited  to
 naloxone  and  other  medications  approved  by  the department for such
 purpose] THE DEPARTMENT SHALL MAKE AVAILABLE ANY FORMULATION AND  DOSAGE
 OF OPIOID REVERSAL AGENTS THAT ARE APPROVED BY THE FEDERAL FOOD AND DRUG
 ADMINISTRATION.
   §  4. Section 3309 of the public health law is amended by adding a new
 subdivision 9 to read as follows:
   9. ANY PURCHASE, DISTRIBUTION OR AUTHORIZATION TO  PRESCRIBE  PURSUANT
 TO THIS SECTION BY THE COMMISSIONER SHALL ALLOW FOR CHOICE OF ANY FORMU-
 LATION  OR DOSAGE THAT IS APPROVED BY THE FEDERAL FOOD AND DRUG ADMINIS-
 TRATION.
   § 5. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2023-A8075D (ACTIVE) - Details

See Senate Version of this Bill:: S8991
Current Committee:: Senate Rules
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §19.09, Ment Hyg L; amd §3309, Pub Health L
Versions Introduced in 2025-2026 Legislative Session:: A265, S4150

2023-A8075D (ACTIVE) - Summary

2023-A8075D (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8075--D
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 27, 2023
                                ___________
 
 Introduced  by M. of A. STECK, FAHY, GUNTHER, McDONALD, NOVAKHOV, DeSTE-
   FANO, SIMON, DAVILA,  BENDETT,  K. BROWN,  CHANG,  LEVENBERG,  WEPRIN,
   SOLAGES, PAULIN -- Multi-Sponsored by -- M. of A. WOERNER -- read once
   and  referred to the Committee on Alcoholism and Drug Abuse -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted  to  said  committee -- again reported from said committee with
   amendments, ordered reprinted  as  amended  and  recommitted  to  said
   committee -- recommitted to the Committee on Alcoholism and Drug Abuse
   in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  -- reported and referred to the Committee on Ways and Means
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to  amend  the mental hygiene law and the public health law, in
   relation to the availability of opioid reversal agents
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (l) of section 19.09 of the mental hygiene law,
 as  added  by  chapter  434  of  the laws of 2021, is amended to read as
 follows:
   (l)(1) The office, in consultation  with  the  department  of  health,
 shall  maintain  on  its  website  a publicly available directory of all
 distributors of opioid [antagonists]  REVERSAL  AGENTS  to  the  public,
 including  but  not limited to, pharmacies, prevention programs and not-
 for-profits. As used in this subdivision, the following terms shall have
 the following meanings:
   (i) "Opioid" means  an  opiate  as  defined  in  section  thirty-three
 hundred two of the public health law.
   (ii)  "Opioid  [antagonist]  REVERSAL AGENTS" means a federal food and
 drug administration-approved drug that, when  administered,  negates  or
 neutralizes in whole or in part the pharmacological effects of an opioid

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11983-06-4

 A. 8075--D                          2
 
 in  the  body.  The  [opioid  antagonist shall be limited to naloxone or
 other medications approved by the department of health for this purpose]
 DEPARTMENT OF HEALTH SHALL MAKE AVAILABLE ANY FORMULATION AND DOSAGE  OF
 OPIOID  REVERSAL  AGENTS  THAT ARE APPROVED BY THE FEDERAL FOOD AND DRUG
 ADMINISTRATION.
   (III) "PURCHASER"  MEANS  ANY  COMMUNITY  ORGANIZATION,  MUNICIPALITY,
 PHARMACY, MEDICAL FACILITY, HOSPITAL, OR ANY OTHER ENTITY, THAT ACCESSES
 OPIOID REVERSAL DRUGS THROUGH THE NEW YORK STATE STANDING ORDER.
   (2)  The  directory  required by this subdivision shall include and be
 searchable by the following information:
   (i) addresses of each distributor  of  opioid  [antagonists]  REVERSAL
 AGENTS;
   (ii)  contact  information,  such as phone numbers or email addresses,
 for each distributor;
   (iii) services offered by each distributor at each  location  if  more
 than  one,  as  well as information providing which opioid [antagonists]
 REVERSAL AGENTS are currently available at each distributor;
   (iv) special populations served;
   (v) insurance providers accepted;
   (vi) hours of operation of each distributor;
   (vii) contact information of opioid addiction prevention programs; and
   (viii) any other information the commissioner deems necessary.
   (3) The office may  utilize  an  existing  directory  to  satisfy  the
 requirements of this subdivision.
   (4) THE OFFICE SHALL ALLOW FOR CHOICE OF ANY FORMULATION AND DOSAGE OF
 OPIOID  REVERSAL  AGENTS  THAT ARE APPROVED BY THE FEDERAL FOOD AND DRUG
 ADMINISTRATION  IN  THE  PURCHASE,  DISTRIBUTION  OR  AUTHORIZATION   TO
 PRESCRIBE OR DISPENSE SUCH PRODUCTS. THE DEPARTMENT SHALL COVER THE COST
 OF  ANY  FORMULATION AND/OR DOSAGE OF ANY FEDERAL FOOD AND DRUG ADMINIS-
 TRATION-APPROVED NASAL NALOXONE PRODUCT.   ANY OTHER PRODUCT  WHERE  THE
 COST  EXCEEDS  THAT  OF HIGHEST-PRICED NASAL NALOXONE PRODUCT, THAT COST
 OVERRUN SHALL BE BORNE BY THE PURCHASER.
   § 2. Subparagraph (i) of paragraph (a) of  subdivision  3  of  section
 3309  of  the public health law, as amended by chapter 42 of the laws of
 2014, is amended to read as follows:
   (i) "Opioid [antagonist] REVERSAL AGENTS" means a drug approved by the
 Food  and  Drug  Administration  that,  when  administered,  negates  or
 neutralizes in whole or in part the pharmacological effects of an opioid
 in  the  body.  ["Opioid antagonist reversal agents" shall be limited to
 naloxone and other medications  approved  by  the  department  for  such
 purpose]  THE DEPARTMENT SHALL MAKE AVAILABLE ANY FORMULATION AND DOSAGE
 OF OPIOID REVERSAL AGENTS THAT ARE APPROVED BY THE FEDERAL FOOD AND DRUG
 ADMINISTRATION.
   § 3. Section 3309 of the public health law is amended by adding a  new
 subdivision 9 to read as follows:
   9.  ANY  PURCHASE, DISTRIBUTION OR AUTHORIZATION TO PRESCRIBE PURSUANT
 TO THIS SECTION BY THE COMMISSIONER SHALL ALLOW FOR CHOICE OF ANY FORMU-
 LATION OR DOSAGE THAT IS APPROVED BY THE FEDERAL FOOD AND DRUG  ADMINIS-
 TRATION.  THE  DEPARTMENT SHALL COVER THE COST OF ANY FORMULATION AND/OR
 DOSAGE OF ANY FEDERAL FOOD AND DRUG ADMINISTRATION-APPROVED NASAL NALOX-
 ONE PRODUCT.  ANY OTHER PRODUCT WHERE THE COST EXCEEDS THAT OF  HIGHEST-
 PRICED  NASAL  NALOXONE PRODUCT, THAT COST OVERRUN SHALL BE BORNE BY THE
 PURCHASER.
   § 4. This act shall take effect immediately.

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