Assemblymember William Colton announces the New York State Assembly’s passing of legislation to address the increasing heroin and opioid epidemic in New York State and New York City. Several bills, targeting remediation of this epidemic, have been passed in both the Assembly and the Senate. Governor Cuomo is expected to sign these measures into law, making this one of the most progressive attempts at combating this severe drug epidemic.

The Legislation is aimed at:

• Cracking down on criminal drug offenders,
• Reducing drug use among teenagers,
• Increasing awareness and preventative measures,
• Ensuring that treatment is available

“Heroin has become a major problem for New York State with statistics showing that one third of all heroin seizures in the United States occur in New York State. The most alarming fact is that this epidemic is getting worse, particularly amongst young people. So this legislative package is crucial to targeting a multitude of ways to help stop the increasing abuse of heroin and prescription drugs,” said Assemblymember Colton.

Cracking down on criminal drug offenders

Additionally, the illegal sale of a controlled substance by a practitioner or pharmacist, regardless of its prescription status, will now be a class C felony. (Assembly Bill A10154)

Legislation was also passed to discourage the illegal distribution of controlled substances. One bill cracks down on prescription fraud as it pertains to opioids by making it a clearly defined crime. (Assembly Bill A10155)

To help prosecute more of these crimes, legislation was also passed to give law enforcement agencies the ability to obtain an eavesdropping warrant in the case of sale of a controlled substance. (Assembly Bill A10157)

The legislation will also allow the Department of Health’s Bureau of Narcotic Enforcement (BNE) to access criminal history information on individuals who are subject to an open and ongoing investigation regarding the illegal use of controlled substances. (Assembly Bill A10158)

Reducing drug use among teens

Opioid and heroin abuse among teens and young adults has skyrocketed in recent years, making it vital that proper identification of substance abuse take place so that proper treatment may be received. One opportunity for assessment exists during diversion services required prior to the filing of a Person in Need of Supervision (PINS) petition. To help more teens get the help and treatment they need, legislation will clarify that youth suspected of substance use disorder may be referred to assessment services as part of the PINS diversion services.

(Assembly Bill A10162)

In addition, the legislation directs the New York State Education Department (SED) to make recommendations to update health education curriculum on substance abuse, including the dangers of abusing heroin and other opioids. (Assembly Bill A10163)

Increasing awareness and preventative measures

Earlier this year, the opioid antidote naloxone was approved for widespread use and has since saved numerous lives by reversing the effects of heroin overdose. To make sure that this lifesaving drug is administered properly, the distribution of educational materials will now be required with every dose of naloxone distributed through an opioid overdose prevention program. The pamphlets accompanying the drug will include information on recognizing, treating and following up on an opioid overdose, along with contact information for local treatment services. (Assembly Bill A10156)

Similar information will also be distributed to parents, youth, health care professionals and the general public through a new Heroin and Opioid Addiction Awareness and Education Program to help reduce stigma. This program will also raise awareness of the Good Samaritan Law, ensuring that individuals know they cannot be held liable if they report a heroin overdose, greatly increasing the chances that first responders may be able to save lives. (Assembly Bill A10161).

Ensuring treatment is available

This legislation will create the Opioid Addiction Treatment and Hospital Diversion Demonstration Program. Under the measure, the New York State Office of Alcoholism and Substance Abuse Services (OASAS) will be authorized to consult with the Department of Health (DOH) to establish demonstration treatment programs statewide. This program will utilize existing facilities licensed or certified by OASAS to set a new standard of treatment for opioid abusers and provide for a referral for the continued care of patients following their successful completion of the detox program. (Assembly Bill A10159)

The Assembly also passed legislation to create a demonstration program that will help prevent relapse and promote long-term recovery by providing comprehensive wraparound services to patients during treatment and for up to nine months after successful completion of a treatment program. These services will include legal, financial and peer to peer supports to help maintain a drug-free lifestyle. (Assembly Bill A10160)

Additional legislation will increase access to treatment by requiring health care insurers to utilize providers who specialize in substance abuse disorder services and provide coverage for services based on specific criteria to be issued by OASAS. The bill also requires that coverage be provided during an appeals process, helping to relieve the financial burden often faced by those seeking treatment. (Assembly Bill A10164)