Bill Text: NY S05498 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to requiring hospitals and practitioners to report to the commissioner of health persons who have died as a result of an opioid overdose.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO HEALTH [S05498 Detail]

Download: New_York-2017-S05498-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5498
                               2017-2018 Regular Sessions
                    IN SENATE
                                      April 3, 2017
                                       ___________
        Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
        AN ACT to amend the public health law, in relation to reporting require-
          ments for deaths resulting from opioid overdoses
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivision 1 of section 3309 of the public health law, as
     2  amended by chapter 42 of the  laws  of  2014,  is  amended  to  read  as
     3  follows:
     4    1.  The commissioner is authorized to establish standards for approval
     5  of  any  opioid  overdose  prevention  program,  and  opioid  antagonist
     6  prescribing,  dispensing,  distribution,  possession  and administration
     7  pursuant to this section which may include, but not be limited to, stan-
     8  dards for program directors, appropriate clinical  oversight,  training,
     9  and  record  keeping  [and]; provided, however that such standards shall
    10  include reporting requirements for deaths resulting  from  opioid  over-
    11  doses  that are pronounced at a hospital that has been issued an operat-
    12  ing certificate by the commissioner.
    13    § 2. Section 3372 of the public health law, as amended by chapter  195
    14  of the laws of 1973, is amended to read as follows:
    15    §  3372.  Practitioner  patient  reporting. 1. It shall be the duty of
    16  every attending practitioner and every consulting practitioner to report
    17  promptly to the commissioner, or his duly  designated  agent,  the  name
    18  and, if possible, the address of, and such other data as may be required
    19  by  the  commissioner  with respect to, any person under treatment if he
    20  finds that such person is an addict or a habitual user of  any  narcotic
    21  drug.  Such  report  shall be kept confidential and may be utilized only
    22  for statistical, epidemiological or research purposes, except that those
    23  reports which originate in the course of  a  criminal  proceeding  other
    24  than under section 81.25 of the mental hygiene law shall be subject only
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10888-01-7

        S. 5498                             2
     1  to  the  confidentiality  requirements  of  section thirty-three hundred
     2  seventy-one of this article.
     3    2.  It  shall  be  the  duty of every attending practitioner and every
     4  consulting practitioner to report promptly to the commissioner,  or  his
     5  duly  designated  agent, the name and such other data as may be required
     6  by the commissioner with respect to any person who died as a  result  of
     7  an  opioid  overdose.  Such report shall be kept confidential and may be
     8  utilized only for statistical,  epidemiological  or  research  purposes,
     9  except  that  those  reports which originate in the course of a criminal
    10  proceeding other than under section 81.25  of  the  mental  hygiene  law
    11  shall  be  subject  only  to the confidentiality requirements of section
    12  thirty-three hundred seventy-one of this article.
    13    § 3. This act shall take effect on the thirtieth day  after  it  shall
    14  have become a law.
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