Assembly Bill A7409

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7409
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 25, 2025
                                ___________
 
 Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT  to  amend  the  public  health law, the mental hygiene law, the
   education law and the insurance law, in relation to including all  FDA
   approved  forms  and  doses  of  Naloxone as opioid antagonists in the
   state definition of opioid antagonists

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  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 and a new subdivision 10 is added 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] ALL  FORMS  AND  DOSES  OF  NALOXONE
 APPROVED  BY THE FOOD AND DRUG ADMINISTRATION. THE DEPARTMENT SHALL MAKE
 AVAILABLE ALL FORMS OF NALOXONE FOR SUCH PURPOSE IN ANY  FORMULATION  OR
 DOSAGE APPROVED BY THE FOOD AND DRUG ADMINISTRATION.
   10. ANY PURCHASE OF, DISTRIBUTION OF, OR AUTHORIZATION TO PRESCRIBE AN
 OPIOID ANTAGONIST PURSUANT TO THIS SECTION SHALL ALLOW FOR CHOICE OF ANY
 FORMULATION  OR  DOSAGE APPROVED BY THE FOOD AND DRUG ADMINISTRATION AND
 MADE AVAILABLE BY THE DEPARTMENT.
   § 2. Subparagraph (ii) of paragraph 1 of subdivision  (l)  of  section
 19.09  of the mental hygiene law, as added by chapter 434 of the laws of
 2021, is amended and a new paragraph 4 is added to read as follows:
   (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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10307-01-5
              

 A. 7409                             2

 approved  by  the  department  of health for this purpose] ALL FORMS AND
 DOSES OF NALOXONE APPROVED BY THE  FOOD  AND  DRUG  ADMINISTRATION.  THE
 DEPARTMENT OF HEALTH SHALL MAKE AVAILABLE ALL FORMS OF NALOXONE FOR SUCH
 PURPOSE  IN  ANY  FORMULATION  OR  DOSAGE  APPROVED BY THE FOOD AND DRUG
 ADMINISTRATION.
   (4) ANY PURCHASE OF, DISTRIBUTION OF, OR AUTHORIZATION TO PRESCRIBE AN
 OPIOID ANTAGONIST PURSUANT TO THIS SUBDIVISION SHALL ALLOW FOR CHOICE OF
 ANY FORMULATION OR DOSAGE APPROVED BY THE FOOD AND  DRUG  ADMINISTRATION
 AND MADE AVAILABLE BY THE DEPARTMENT OF HEALTH.
   §  3.  Paragraph  a  of subdivision 2 of section 6908 of the education
 law, as added by chapter 471 of the laws of 2016, is amended to read  as
 follows:
   a.  specify  the advanced tasks that may be performed by advanced home
 health aides pursuant to this subdivision. Such tasks shall include  the
 administration  of medications which are routine and prefilled or other-
 wise packaged in a manner that promotes relative ease of administration,
 provided that administration of medications by injection, sterile proce-
 dures, and central  line  maintenance  shall  be  prohibited.  Provided,
 however,  such  prohibition  shall not apply to injections of insulin or
 other injections for diabetes  care,  to  injections  of  low  molecular
 weight  heparin,  and  to  pre-filled  auto-injections  of [naloxone] AN
 OPIOID ANTAGONIST MADE AVAILABLE BY THE DEPARTMENT OF HEALTH PURSUANT TO
 SUBDIVISION THREE OF SECTION THREE THOUSAND THREE HUNDRED  NINE  OF  THE
 PUBLIC  HEALTH LAW and epinephrine for emergency purposes, and provided,
 further, that entities employing advanced home health aides pursuant  to
 this  subdivision  shall establish a systematic approach to address drug
 diversion;
   § 4. Section 2617 of the insurance law, as added by chapter 228 of the
 laws of 2020, is amended to read as follows:
   § 2617. Unfair discrimination for the use of  prescriptions  to  block
 the  effects  of  opioids.  No insurer or entity authorized to issue the
 kinds of insurance specified in paragraphs one or two of subsection  (a)
 of  section  one  thousand  one  hundred  thirteen of this chapter shall
 refuse to issue a life insurance policy or annuity  contract  or  adjust
 the amount of premiums, or rates, charged for life insurance policies or
 annuity  contracts for any individual solely because such individual has
 been prescribed medication used to block the effects of opioids, includ-
 ing, but not  limited  to,  [Naloxone  and  Narcan]  OPIOID  ANTAGONISTS
 APPROVED  BY  THE  DEPARTMENT  OF HEALTH, AS DEFINED UNDER SECTION THREE
 THOUSAND THREE HUNDRED NINE OF THE PUBLIC HEALTH LAW, unless such action
 is based on sound actuarial principles or actual  or  reasonably  antic-
 ipated experience.
   §  5.  Subdivision  (g) of section 36.01 of the mental hygiene law, as
 amended by chapter 185 of the laws  of  2022,  is  amended  to  read  as
 follows:
   (g)  Within  the amounts appropriated, the commissioners shall arrange
 for appropriate training to law enforcement entities, first  responders,
 including but not limited to firefighters and emergency medical services
 personnel,  and any other entities deemed appropriate by the commission-
 ers, located within the catchment area of a crisis stabilization center.
 The training may include but not be limited to:  (1) crisis intervention
 team training; (2) mental health first aid; (3) implicit bias  training;
 and  (4) [naloxone] OPIOID ANTAGONIST training AS DEFINED UNDER SUBDIVI-
 SION THREE OF SECTION THREE THOUSAND THREE HUNDRED NINE  OF  THE  PUBLIC
 HEALTH  LAW.  Such  training  may be provided in an electronic format or
 other format as deemed appropriate by the commissioners. The commission-
 A. 7409                             3
 
 ers may contract with an organization with the knowledge  and  expertise
 in providing the training required under this subdivision.
   §  6.  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 DISTRIBUTION OF AN  OPIOID  ANTAGONIST
 SHALL  ALLOW FOR CHOICE OF ANY FORMULATION OR DOSAGE OF NALOXONE THAT IS
 MADE AVAILABLE BY THE DEPARTMENT OF HEALTH AND PURSUANT  TO  SUBDIVISION
 THREE  OF SECTION THREE THOUSAND THREE HUNDRED NINE OF THE PUBLIC HEALTH
 LAW SHALL BE PUT OUT FOR BID PER PROCUREMENT RULES AND  REGULATIONS  AND
 PURSUANT  TO  PARAGRAPH  D  OF  SUBDIVISION  TWO  OF SECTION ONE HUNDRED
 SIXTY-ONE OF THE STATE FINANCE LAW.
   § 7. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a law; provided, however, the amendments to paragraph a of
 subdivision 2 of section 6908 of the education law made by section three
 of this act shall not affect the repeal of such subdivision and shall be
 deemed repealed therewith. Effective immediately, the  addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.