New York S 1029: Relates to the provision of informed consent

Status: REFERRED TO HEALTH (as of 2020-07-21)

State: New York · Session: 2019-2020 · Bill: S 1029

Sponsors: RIVERA, JACKSON, MYRIE

Bill Text

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S01029 Summary:

BILL NOS01029 

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SAME ASSAME AS A02012

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SPONSORROLISON

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COSPNSROBERACKER

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MLTSPNSR

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Directs the commissioner of health to conduct a study to identify, analyze, report, and medically combat new or previously unseen opiate/opioid compounds found in overdose patients in New York state for the purpose of establishing more efficient overdose medical treatment protocols.

Go to top S01029 Actions:

BILL NOS01029 

&nbsp

01/08/2025REFERRED TO MENTAL HEALTH

01/07/2026REFERRED TO MENTAL HEALTH

Go to topS01029 Committee&nbspVotes:

Go to topS01029 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01029 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1029

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. ROLISON, OBERACKER -- read twice and ordered print-
 ed, and when printed to be committed to the Committee on Mental Health

 AN ACT directing the commissioner of health to conduct a study to iden-
 tify, analyze, report, and medically combat new or previously unseen
 opiate/opioid compounds found in overdose patients in New York state
 for the purpose of establishing more efficient overdose medical treat-
 ment protocols

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. This act shall be known and may be cited as the "identify
 2 dangerous drugs act (IDDA)".
 3 § 2. The opioid settlement fund advisory board, established pursuant
 4 to section 25.18 of the mental hygiene law, shall direct the commission-
 5 er of health to conduct a study of 250 random urine samples collected
 6 anonymously throughout the state of New York. Such samples shall: (i)
 7 represent each county in the state; (ii) be provided in accordance with
 8 HIPAA laws and regulations; and (iii) be identified by emergency room
 9 hospital physicians as having been generated from patients who, at the
 10 time of collection, were experiencing moderate to severe medical symp-
 11 toms diagnosed as being directly related to an overdose associated from
 12 the use of an illicit unidentified opioid/opiate substance and/or combi-
 13 nation of substances. Such urine samples shall:
 14 (a) only be collected from patients diagnosed by an emergency room
 15 physician as experiencing moderate or severe overdose symptoms most
 16 likely related to opiate/opioid patient use;
 17 (b) be collected by designated trained medical staff, including nurs-
 18 es, physicians, and physician assistants;
 19 (c) be collected in tandem with the written and verbal consent of the
 20 patient and follow all designated HIPAA laws and regulations, including
 21 but not limited to identifying samples only by number on a form supplied

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01984-01-5

 S. 1029 2

 1 to the hospital by the department of health. Such written consent shall
 2 be knowing and willful. The patient shall be verbally read conditions
 3 and forms by medical staff identified above and shall sign a document
 4 supplied by the department of health. Patients shall verbalize consent
 5 to the medical staff collecting the sample, as identified above, and
 6 shall be assessed by such staff as having full mental capacity as to
 7 consent to a legal document;
 8 (d) be collected from a patient identified by the treating physician
 9 as experiencing current moderate to severe opiate/opioid overdose symp-
 10 toms which may not have responded to emergency Narcan administration or
 11 the patient may be experiencing unusual or severe symptoms that the
 12 physician believes is related to opiate/opioid use, possibly in combina-
 13 tion with other drugs. The treating physician must, in good faith,
 14 believe the patient is experiencing moderate to severe opiate/opioid
 15 related symptoms at the time the sample is collected and that such symp-
 16 toms are from the use of illicit or non-prescribed medication or unin-
 17 tended use of prescribed medication in combination with an illicit drug.
 18 § 3. The samples collected pursuant to section two of this act shall
 19 be obtained only for the purpose o

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