New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

A07162 Summary:

A07162 Actions:

A07162 Floor Votes:

A07162 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A7162A
 
SPONSOR: Dinowitz

 
TITLE OF BILL:  An act to amend the public health law, in relation to
opioid overdose prevention
 
 
PURPOSE OR GENERAL IDEA OF BILL: This bill would require DOH to estab-
lish standards of opioid overdose prevention programs and would also
establish opioid antagonists as first aid or emergency treatment for the
purpose of any statute relating to liability. The bill would also
require DOH to publish findings on statewide opioid overdose data.
 
 
SUMMARY OF SPECIFIC PROVISIONS: The bill would require DOH to estab-

lish standards for approval of any opioid overdose prevention program
which may include, standards for directors, clinical oversight, train-
ing, record keeping and reporting.
 
This bill would also make persons who administer an opioid antagonist
immune from civil liability or criminal prosecution if they provide
overdose treatment in a good faith manner to a person experiencing a
drug overdose and would establish opioid antagonists as first aid or
emergency treatment for the purpose of any statute relating to liabil-
ity.
 
The bill also requires the commissioner of DOH to publish findings on
statewide opioid overdose data including the age, gender, and geographic
location of persons overdosing as well as data on emergency room and
pre-hospital utilization of services.
 
 
JUSTIFICATION: The number of fatal drug overdoses in some cities has
reached crisis proportions, which is especially tragic since timely and

appropriate treatment to an overdose victim will often save their life.
This is especially true today, as advances in medicine have yielded
medications that, if administered in a timely manner, greatly reduce the
incidence of fatal overdose. This bill will establish opioid antagonists
as an effective treatment for overdose thereby increasing their use and
will gather data on overdoses throughout the state.
 
 
PRIOR LEGISLATIVE HISTORY: None.
 
 
FISCAL IMPLICATIONS: To be determined.
 
 
EFFECTIVE DATE: This act shall take effect April 1, 2006; provided,
that the commissioner of the DOH is authorized to promulgate any and all
rules and regulations and take any other measures necessary to implement
this act on its effective date on or before such date.

A07162 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7162--A
                                                                Cal. No. 481
 
                               2005-2006 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 7, 2005
                                       ___________
 
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee  on  Alcoholism  and Drug Abuse -- amended on the special order of
          third reading, ordered reprinted as amended, retaining  its  place  on
          the special order of third reading
 

        AN  ACT  to  amend the public health law, in relation to opioid overdose
          prevention
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  public health law is amended by adding a new section
     2  3309 to read as follows:
     3    § 3309. Opioid overdose prevention. 1. The commissioner is  authorized
     4  to  establish  standards  for approval of any opioid overdose prevention
     5  program which may include, but not be limited to, standards for  program
     6  directors,  appropriate clinical oversight, training, record keeping and
     7  reporting.
     8    2. Notwithstanding any inconsistent provisions of  section  sixty-five
     9  hundred  twelve  of  the  education  law or any other law, the purchase,

    10  acquisition, possession or use of an opioid antagonist pursuant to  this
    11  section  shall  not  constitute the unlawful practice of a profession or
    12  other violation under title eight of the education law or this article.
    13    3. Use of an opioid antagonist  pursuant  to  this  section  shall  be
    14  considered first aid or emergency treatment for the purpose of any stat-
    15  ute relating to liability.
    16    4.  The  commissioner shall publish findings on statewide opioid over-
    17  dose data that reviews overdose death rates  and  other  information  to
    18  ascertain  changes in the cause and rates of fatal opioid overdoses. The
    19  report may be part of existing state mortality  reports  issued  by  the
    20  department,  and  shall  be  submitted  annually  for three years and as

    21  deemed necessary by the commissioner thereafter, to  the  governor,  the
    22  temporary  president  of the senate and the speaker of the assembly. The
    23  report shall include, at a minimum, the following information:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10325-04-5
        A. 7162--A                          2
 
     1    (a) information on opioid  overdose  deaths,  including  age,  gender,
     2  ethnicity, and geographic location;
     3    (b)  data  on  emergency  room utilization for the treatment of opioid
     4  overdose;
     5    (c) data on utilization of pre-hospital services;

     6    (d) suggested improvements in data collection.
     7    § 2. Subdivision 4 of section 4141 of the public health law is amended
     8  by adding a new paragraph (d) to read as follows:
     9    (d) Where a death is caused by an opioid  overdose,  such  information
    10  shall be indicated, including any related information as the commission-
    11  er may require.
    12    § 3. This act shall take effect April 1, 2006; provided, however, that
    13  the commissioner of health is authorized to promulgate any and all rules
    14  and  regulations and take any other measures necessary to implement this
    15  act on its effective date on or before such date.