Bill Text: NY A08075 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 11-5)

Status: (Engrossed) 2024-06-07 - REFERRED TO RULES [A08075 Detail]

Download: New_York-2023-A08075-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8075--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                   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:

     1    Section 1. Subdivision (l) of section 19.09 of the mental hygiene law,
     2  as  added  by  chapter  434  of  the laws of 2021, is amended to read as
     3  follows:
     4    (l)(1) The office, in consultation  with  the  department  of  health,
     5  shall  maintain  on  its  website  a publicly available directory of all
     6  distributors of opioid antagonists to  the  public,  including  but  not
     7  limited to, pharmacies, prevention programs and not-for-profits. As used
     8  in  this subdivision, the following terms shall have the following mean-
     9  ings:
    10    (i) "Opioid" means  an  opiate  as  defined  in  section  thirty-three
    11  hundred two of the public health law.
    12    (ii)  "Opioid  antagonist"  means  a federal food and drug administra-
    13  tion-approved drug that, when administered, negates  or  neutralizes  in
    14  whole  or  in part the pharmacological effects of an opioid in the body.
    15  The [opioid antagonist shall be limited to naloxone or other medications
    16  approved by the department of health for  this  purpose]  department  of
    17  health  shall make available any formulation and dosage of opioid antag-
    18  onist that are approved by the federal food and drug administration.
    19    (2) The directory required by this subdivision shall  include  and  be
    20  searchable by the following information:
    21    (i) addresses of each distributor of opioid antagonists;
    22    (ii)  contact  information,  such as phone numbers or email addresses,
    23  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

     1    (iii) services offered by each distributor at each  location  if  more
     2  than  one, as well as information providing which opioid antagonists are
     3  currently available at each distributor;
     4    (iv) special populations served;
     5    (v) insurance providers accepted;
     6    (vi) hours of operation of each distributor;
     7    (vii) contact information of opioid addiction prevention programs; and
     8    (viii) any other information the commissioner deems necessary.
     9    (3)  The  office  may  utilize  an  existing  directory to satisfy the
    10  requirements of this subdivision.
    11    (4) The office shall allow for choice of any formulation and dosage of
    12  opioid antagonist that are approved by the federal food and drug  admin-
    13  istration in the purchase, distribution or authorization to prescribe or
    14  dispense such products.
    15    §  2.  Subdivision  (b)  of section 25.18 of the mental hygiene law is
    16  amended by adding a new paragraph 4 to read as follows:
    17    4. Any expenditure used for the purchase or distribution of an  opioid
    18  antagonist, as defined in subparagraph (ii) of paragraph one of subdivi-
    19  sion  (l)  of section 19.09 of this title, shall allow for choice of any
    20  formulation or dosage that is approved by  the  federal  food  and  drug
    21  administration.
    22    §  3.  Subparagraph  (i)  of paragraph (a) of subdivision 3 of section
    23  3309 of the public health law, as amended by chapter 42 of the  laws  of
    24  2014, is amended to read as follows:
    25    (i)  "Opioid  antagonist"  means  a drug approved by the Food and Drug
    26  Administration that, when administered, negates or neutralizes in  whole
    27  or in part the pharmacological effects of an opioid in the body. "Opioid
    28  antagonist"  shall be limited to naloxone and other medications approved
    29  by the department for such purpose, provided, however, that the  depart-
    30  ment  shall  make  available any formulation and dosage of opioid antag-
    31  onist that are approved by the federal Food and Drug Administration.
    32    § 4. Section 3309 of the public health law is amended by adding a  new
    33  subdivision 9 to read as follows:
    34    9.  Any  purchase, distribution or authorization to prescribe pursuant
    35  to this section by the commissioner shall allow for choice of any formu-
    36  lation or dosage that is approved by the federal Food and Drug  Adminis-
    37  tration.
    38    § 5. This act shall take effect immediately.