The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3348
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed  to  be committed to the Committee on Alcoholism and Substance
   Abuse
 
 AN ACT to amend the public health law, in relation to referring individ-
   uals to appropriate service providers for substance use disorders

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  2803-u  of  the  public  health law, as added by
 section 1 of part C of chapter 70 of the laws of 2016 and subdivision  1
 as  amended  by  section  1 of subpart B of part BB of chapter 57 of the
 laws of 2019, is amended to read as follows:
   § 2803-u. Hospital substance use disorder policies and procedures.  1.
 The  office  of  [alcoholism and substance abuse] ADDICTION services AND
 SUPPORTS, in consultation with the department, shall develop or  utilize
 existing  educational  materials  to be provided to general hospitals to
 disseminate to individuals with a documented substance use  disorder  or
 who  appear  to  have  or be at risk for a substance use disorder during
 discharge planning pursuant to section twenty-eight hundred  three-i  of
 this  article.  Such  materials  shall include information regarding the
 various types of  HARM  REDUCTION,  treatment,  and  recovery  services,
 including  but not limited to:  OVERDOSE PREVENTION AND SYRINGE EXCHANGE
 SERVICES; inpatient, outpatient, and medication-assisted treatment;  how
 to  recognize  the  need  for  treatment OR OTHER SUBSTANCE USE DISORDER
 services; information for individuals to determine what type  and  level
 of  CARE  OR treatment is most appropriate and what resources are avail-
 able to them; and any other information the commissioner deems appropri-
 ate. General hospitals shall include in their  policies  and  procedures
 treatment  protocols,  consistent with medical standards, to be utilized
 by the emergency departments in general hospitals  for  the  appropriate
 use  of  medication-assisted  treatment,  including,  BUT NOT LIMITED TO
 buprenorphine, prior to discharge, or referral protocols for  evaluation
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04087-02-3

 S. 3348                             2
 
 of medication-assisted treatment when initiation in an emergency depart-
 ment of a general hospital is not feasible.
   2. Every general hospital shall: (a) within existing or in addition to
 current  policies  and  procedures,  develop,  maintain and disseminate,
 written policies and procedures, for the identification, assessment, and
 referral of individuals with a documented substance use disorder or  who
 appear  to have or be at risk for a substance use disorder as defined in
 section 1.03 of the mental hygiene law.    PATIENT  REFERRALS  SHALL  BE
 ARRANGED  ON  A  SPECIFIC  DATE,  WITH  SPECIFIC INPATIENT OR OUTPATIENT
 SUBSTANCE USE TREATMENT ORGANIZATION.  EXCEPT AS PROVIDED  IN  PARAGRAPH
 (C)  OF  THIS  SUBDIVISION,  SUCH  POLICIES AND PROCEDURES SHALL REQUIRE
 EVERY HOSPITAL TO OFFER TREATMENT, INCLUDING MEDICATION ASSISTED  TREAT-
 MENT  WHEN  DEEMED NECESSARY, TO THE INDIVIDUAL WITHIN SEVENTY-TWO HOURS
 OF SUCH INDIVIDUAL  BEING  DIAGNOSED  WITH  A  SUBSTANCE  USE  DISORDER,
 PROVIDED,  FURTHER,  THAT EVERY HOSPITAL SHALL IMMEDIATELY ADDRESS SYMP-
 TOMS OF WITHDRAWAL;
   (b) establish and implement training, within existing or  in  addition
 to  current training programs, for all individuals licensed or certified
 pursuant to title eight of the education law who provide direct  patient
 care  regarding the policies and procedures established pursuant to this
 section; and
   (c) except where an  individual  has  come  into  the  hospital  under
 section  22.09  of  the  mental  hygiene  law,  if the hospital does not
 directly provide substance use  disorder  services,  OR  THE  INDIVIDUAL
 REFUSES SERVICES, then [it] THE HOSPITAL shall refer SUCH individuals in
 need  of  substance  use  disorder  services  to  [and  coordinate  with
 substance use disorder services programs] AN APPROPRIATE SERVICE PROVID-
 ER that [provide] PROVIDES behavioral health  services,  as  defined  in
 section  1.03  of  the  mental  hygiene law, OR A HYPODERMIC SYRINGE AND
 NEEDLE EXCHANGE PROGRAM AUTHORIZED PURSUANT TO SECTION 80.135 OF PART 80
 OF TITLE 10 OF THE NEW YORK STATE CODES, RULES AND REGULATIONS, THAT HAS
 THE ABILITY TO PROVIDE SERVICES TO  THE  INDIVIDUAL  WITHIN  SEVENTY-TWO
 HOURS.
   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 inform the individual  of  the
 availability  of  the substance use disorder treatment services that may
 be available to them through a substance use disorder OR HARM  REDUCTION
 services  program  AND, IF REQUESTED, REFER THE INDIVIDUAL TO THE APPRO-
 PRIATE SERVICES. SUCH EFFORTS TO REFER THE  INDIVIDUAL  SHALL  BE  DOCU-
 MENTED IN SUCH INDIVIDUAL'S MEDICAL RECORD.
   4.  The  commissioner,  in  consultation  with the commissioner of the
 office of  [alcoholism  and  substance  abuse]  ADDICTION  services  AND
 SUPPORTS, shall make regulations as may be necessary and proper to carry
 out the provisions of this section.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.