Allows a practitioner in a hospital without a full-time pharmacy to dispense to a patient in a hospital emergency room for use off the premises a 24 hour supply of certain drugs, unless the federal drug enforcement administration has authorized a longer time period for the purpose of initiating maintenance treatment, detoxification treatment, or both.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5984B
SPONSOR: McDonald TITLE OF BILL:
An act to amend the public health law, in relation to the supply of
controlled substances a practitioner in a hospital without a full-time
pharmacy may dispense to a patient in a hospital emergency room for use
off the premises
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends subdivision 2 of section 3342 of the public health law,
as 2 amended by chapter 692 of the laws of 1976.
Section 2 sets forth the effective date.
JUSTIFICATION:
In March of 2022, the Drug Enforcement Agency (DEA) allowed for clini-
cians working in hospitals, clinics, and emergency rooms to dispense 3
days of buprenorphine and methadone (with an exemption approval from the
DEA). However, the NYS Bureau of Narcotic Enforcement (ENE) does not
allow for the same and per BNE regulations (Part 80.75 (b)), only 24
hours of any controlled substance can be dispensed. This bill will
alloid NYS ENE to change its regulations to permit 3 days of medication
to be dispensed (at least for buprenorphine and methadone).
BNE has the opportunity here to align with the DEA policy. Creating
consistency with the DEA recommendation will be beneficial in light of
the all-hands-on-deck approach in helping ensure medically assisted
treatment is available to all. Many urban and rural areas access to
health care can be limited; therefore this is a common-sense change.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law
STATE OF NEW YORK
________________________________________________________________________
5984--B
2023-2024 Regular Sessions
IN ASSEMBLY
March 28, 2023
___________
Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee on Health -- recommitted to the Committee on Health in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to the supply of
controlled substances a practitioner in a hospital without a full-time
pharmacy may dispense to a patient in a hospital emergency room for
use off the premises
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 3342 of the public health law, as
2 amended by chapter 692 of the laws of 1976, is amended to read as
3 follows:
4 2. An institutional dispenser may dispense controlled substances for
5 use off its premises only pursuant to a prescription, prepared and filed
6 in conformity with this title, provided, however, that, in an emergency
7 situation as defined by rule or regulation of the department, a practi-
8 tioner in a hospital without a full-time pharmacy may dispense
9 controlled substances to a patient in a hospital emergency room for use
10 off the premises of the institutional dispenser for a period not to
11 exceed twenty-four hours, unless the federal drug enforcement adminis-
12 tration has authorized a longer time period for the purpose of initiat-
13 ing maintenance treatment, detoxification treatment, or both.
14 § 2. This act shall take effect on the ninetieth day after it shall
15 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09730-04-4
