Bill Text: NY S08138 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to providing limited exemptions from professional misconduct (Part A); relates to reporting opioid overdose data to the counties (Part B); relates to hospital substance use disorder policies and procedures (Part C).
Spectrum: Moderate Partisan Bill (Republican 31-7)
Status: (Passed) 2016-06-22 - SIGNED CHAP.70 [S08138 Detail]
Download: New_York-2015-S08138-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8138 IN SENATE June 14, 2016 ___________ Introduced by Sen. AMEDORE -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the education law, in relation to providing limited exemptions from professional misconduct (Part A); to amend the public health law, in relation to reporting opioid overdose data to the coun- ties (Part B); and to amend the public health law, in relation to hospital substance use disorder policies and procedures (Part C) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 related to addressing the issue of heroin and opioid addictions. Each 3 component is wholly contained within a Part identified as Parts A 4 through C. The effective date for each particular provision contained 5 within such Part is set forth in the last section of such Part. Any 6 provision in any section contained within a Part, including the effec- 7 tive date of the Part, which makes a reference to a section "of this 8 act", when used in connection with that particular component, shall be 9 deemed to mean and refer to the corresponding section of the Part in 10 which it is found. Section three of this act sets forth the general 11 effective date of this act. 12 PART A 13 Section 1. The education law is amended by adding a new section 6509-d 14 to read as follows: 15 § 6509-d. Limited exemption from professional misconduct. Notwith- 16 standing any other provision of law to the contrary, it shall not be 17 considered professional misconduct pursuant to this sub-article for any 18 person who is licensed under title eight of this chapter and who would 19 otherwise be prohibited from prescribing or administering drugs pursuant 20 to the article that licenses such individual, to administer an opioid 21 antagonist in the event of an emergency. 22 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12079-01-6S. 8138 2 1 PART B 2 Section 1. Subdivision 6 of section 3309 of the public health law, as 3 added by a chapter of the laws of 2016 amending the public health law 4 relating to reporting of opioid overdose data, as proposed in legisla- 5 tive bills numbers S.6516-A and A.9251-A, is amended to read as follows: 6 6. The commissioner shall provide the current information and data 7 specified in subdivision five of this section to each county [on a8monthly basis] every three months. Such information and data may be 9 utilized by a county or any combination thereof as it works to address 10 the opioid epidemic. 11 § 2. This act shall take effect on the same date and in the same 12 manner as a chapter of the laws of 2016 amending the public health law 13 relating to reporting of opioid overdose data, as proposed in legisla- 14 tive bills numbers S.6516-A and A.9251-A, takes effect; provided that 15 the amendments to subdivision 6 of section 3309 of the public health 16 law, made by section one of this act, shall not affect the expiration of 17 such subdivision, and shall be deemed repealed therewith. 18 PART C 19 Section 1. The public health law is amended by adding a new section 20 2803-u to read as follows: 21 § 2803-u. Hospital substance use disorder policies and procedures. 1. 22 The office of alcoholism and substance abuse services, in consultation 23 with the department, shall develop or utilize existing educational mate- 24 rials to be provided to general hospitals to disseminate to individuals 25 with a documented substance use disorder or who appear to have or be at 26 risk for a substance use disorder during discharge planning pursuant to 27 section twenty-eight hundred three-i of this chapter. Such materials 28 shall include information regarding the various types of treatment and 29 recovery services, including but not limited to: inpatient, outpatient, 30 and medication-assisted treatment; how to recognize the need for treat- 31 ment services; information for individuals to determine what type and 32 level of treatment is most appropriate and what resources are available 33 to them; and any other information the commissioner deems appropriate. 34 2. Every general hospital shall: (a) within existing or in addition to 35 current policies and procedures, develop, maintain and disseminate, 36 written policies and procedures, for the identification, assessment and 37 referral of individuals with a documented substance use disorder or who 38 appear to have or be at risk for a substance use disorder as defined in 39 section 1.03 of the mental hygiene law; 40 (b) establish and implement training, within existing or in addition 41 to current training programs, for all individuals licensed or certified 42 pursuant to title eight of the education law who provide direct patient 43 care regarding the policies and procedures established pursuant to this 44 section; and 45 (c) except where an individual has come into the hospital under 46 section 22.09 of the mental hygiene law, if the hospital does not 47 directly provide substance use disorder services, then it shall refer 48 individuals in need of substance use disorder services to and coordinate 49 with substance use disorder services programs that provide behavioral 50 health services, as defined in section 1.03 of the mental hygiene law. 51 3. Upon commencement of treatment, admission, or discharge of an indi- 52 vidual with a documented substance use disorder or who appears to have 53 or be at risk for a substance use disorder, including discharge from theS. 8138 3 1 emergency department, such hospital shall inform the individual of the 2 availability of the substance use disorder treatment services that may 3 be available to them through a substance use disorder services program. 4 4. The commissioner, in consultation with the commissioner of the 5 office of alcoholism and substance abuse services, shall make regu- 6 lations as may be necessary and proper to carry out the provisions of 7 this section. 8 § 2. This act shall take effect on the one hundred eightieth day after 9 it shall have become a law; provided, however, that the commissioner of 10 health and the commissioner of alcoholism and substance abuse services 11 shall make regulations and take other actions reasonably necessary to 12 implement this act on such date. 13 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 14 sion, section or part of this act shall be adjudged by any court of 15 competent jurisdiction to be invalid, such judgment shall not affect, 16 impair, or invalidate the remainder thereof, but shall be confined in 17 its operation to the clause, sentence, paragraph, subdivision, section 18 or part thereof directly involved in the controversy in which such judg- 19 ment shall have been rendered. It is hereby declared to be the intent of 20 the legislature that this act would have been enacted even if such 21 invalid provisions had not been included herein. 22 § 3. This act shall take effect immediately provided, however, that 23 the applicable effective date of Parts A through C of this act shall be 24 as specifically set forth in the last section of such Parts.
