S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5892
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2025
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law, in relation to authorizing insti-
   tutional  dispensers  to  dispense  controlled  substances for use off
   premises in an emergency situation

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 2 of section 3342 of the public health law, as
 amended by chapter 466 of the laws of 2024, is amended and a new  subdi-
 vision 4 is added to read as follows:
   2.  An  institutional dispenser may dispense controlled substances for
 use off its premises only pursuant to a prescription, prepared and filed
 in conformity with this title, provided, however, that, in an  emergency
 situation  as defined by rule or regulation of the department, a practi-
 tioner in  a  hospital  [without  a  full-time  pharmacy]  may  dispense
 controlled  substances  to  a patient in a hospital [emergency room] for
 use off the premises of the institutional dispenser for a period not  to
 exceed  twenty-four  hours, unless the federal drug enforcement adminis-
 tration has authorized a longer time period for the purpose of  initiat-
 ing maintenance treatment, [detoxification treatment] WITHDRAWAL MANAGE-
 MENT, or both.
   4.  FOR  THE  PURPOSE  OF INITIATING MAINTENANCE TREATMENT, WITHDRAWAL
 MANAGEMENT, OR BOTH, AN INSTITUTIONAL DISPENSER MAY DISPENSE  CONTROLLED
 SUBSTANCES  FOR  USE  OFF  ITS  PREMISES IN AN EMERGENCY SITUATION FOR A
 PERIOD NOT TO EXCEED THREE DAYS FOR ONE PERSON'S USE IN ACCORDANCE  WITH
 FEDERAL LAWS AND REGULATIONS, UNLESS THE FEDERAL DRUG ENFORCEMENT ADMIN-
 ISTRATION HAS AUTHORIZED A LONGER TIME PERIOD.
   § 2. Section 3350 of the public health law, as added by chapter 878 of
 the laws of 1972, is amended to read as follows:
   §  3350.  Dispensing  prohibition.  Controlled  substances  may not be
 prescribed for, or administered or dispensed  to  [addicts  or  habitual

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07703-04-5
              

 A. 5892                             2

 users  of controlled substances] INDIVIDUALS WHO SUFFER OR ARE SUSPECTED
 OF SUFFERING FROM SUBSTANCE USE DISORDER, except  as  provided  by  this
 title or title [III] THREE OF THIS ARTICLE.
   § 3. Subdivisions 2 and 3 of section 3351 of the public health law, as
 added by chapter 878 of the laws of 1972, are amended and a new subdivi-
 sion 6 is added to read as follows:
   2.  Controlled  substances  may  be  ordered  for use by an [addict or
 habitual user] INDIVIDUAL by a practitioner and administered by a  prac-
 titioner or registered nurse to relieve acute withdrawal symptoms.
   3.  Methadone,  or  such  other controlled substance designated by the
 commissioner as appropriate for such use, may be ordered for use  of  an
 [addict] INDIVIDUAL by a practitioner and dispensed or administered by a
 practitioner  or  [his]  SUCH PRACTITIONER'S designated agent as interim
 treatment [for an addict on a waiting list for admission to  an  author-
 ized maintenance program].
   6.  FOR  THE  PURPOSE  OF INITIATING MAINTENANCE TREATMENT, WITHDRAWAL
 MANAGEMENT, OR BOTH, A PRACTITIONER  MAY  ORDER  AND  DISPENSE  BUT  NOT
 PRESCRIBE METHADONE OR SUCH OTHER CONTROLLED SUBSTANCE DESIGNATED BY THE
 COMMISSIONER  AS  APPROPRIATE  FOR  SUCH  USE FOR USE OFF PREMISES IN AN
 EMERGENCY SITUATION FOR A PERIOD  NOT  TO  EXCEED  THREE  DAYS  FOR  ONE
 PERSON'S USE IN ACCORDANCE WITH FEDERAL LAWS AND REGULATIONS, UNLESS THE
 FEDERAL  DRUG  ENFORCEMENT  ADMINISTRATION  HAS AUTHORIZED A LONGER TIME
 PERIOD.
   § 4. The title heading of title 5 of article 33 of the  public  health
 law,  as added by chapter 878 of the laws of 1972, is amended to read as
 follows:
 
                 DISPENSING TO [ADDICTS AND HABITUAL USERS]
                  INDIVIDUALS WITH SUBSTANCE USE DISORDER

   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law; provided, however, that if chapter 466 of the laws of
 2024 shall not have taken effect on or before such date then section one
 of this act shall take effect on the same date and in the same manner as
 such chapter of the laws of 2024 takes effect.