Bill Text: NY S08991 | 2023-2024 | General Assembly | Introduced

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 agents approved by the federal food and drug administration.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-06-03 - PRINT NUMBER 8991A [S08991 Detail]

Download: New_York-2023-S08991-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8991

                    IN SENATE

                                      April 8, 2024
                                       ___________

        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on Alcoholism  and  Substance
          Use Disorders

        AN  ACT  to  amend  the mental hygiene law and the public health law, in
          relation to the availability of opioid reversal agents

          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]  reversal  agents  to  the  public,
     7  including  but  not limited to, pharmacies, prevention programs and not-
     8  for-profits. As used in this subdivision, the following terms shall have
     9  the following meanings:
    10    (i) "Opioid" means  an  opiate  as  defined  in  section  thirty-three
    11  hundred two of the public health law.
    12    (ii)  "Opioid  [antagonist]  reversal agents" means a federal food and
    13  drug administration-approved drug that, when  administered,  negates  or
    14  neutralizes in whole or in part the pharmacological effects of an opioid
    15  in  the  body.  The  [opioid  antagonist shall be limited to naloxone or
    16  other medications approved by the department of health for this purpose]
    17  department of health shall make available any formulation and dosage  of
    18  opioid  reversal  agents  that are approved by the federal food and drug
    19  administration.
    20    (2) The directory required by this subdivision shall  include  and  be
    21  searchable by the following information:
    22    (i)  addresses  of  each  distributor of opioid [antagonists] reversal
    23  agents;
    24    (ii) contact information, such as phone numbers  or  email  addresses,
    25  for each distributor;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11983-05-4
        S. 8991                             2

     1    (iii)  services  offered  by each distributor at each location if more
     2  than one, as well as information providing  which  opioid  [antagonists]
     3  reversal agents are 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 reversal agents that are approved by the federal  food  and  drug
    13  administration   in  the  purchase,  distribution  or  authorization  to
    14  prescribe or 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  reversal agent, as defined in subparagraph  (ii)  of  paragraph  one  of
    19  subdivision  (l)  of section 19.09 of this title, shall allow for choice
    20  of any formulation or dosage that is approved by the  federal  food  and
    21  drug 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] reversal agents" means a drug approved by the
    26  Food  and  Drug  Administration  that,  when  administered,  negates  or
    27  neutralizes in whole or in part the pharmacological effects of an opioid
    28  in the body. ["Opioid antagonist reversal agents" shall  be  limited  to
    29  naloxone  and  other  medications  approved  by  the department for such
    30  purpose] The department shall make available any formulation and  dosage
    31  of opioid reversal agents that are approved by the federal Food and Drug
    32  Administration.
    33    §  4. Section 3309 of the public health law is amended by adding a new
    34  subdivision 9 to read as follows:
    35    9. Any purchase, distribution or authorization to  prescribe  pursuant
    36  to this section by the commissioner shall allow for choice of any formu-
    37  lation  or dosage that is approved by the federal Food and Drug Adminis-
    38  tration.
    39    § 5. This act shall take effect immediately.