New York S 8991: Relates to the availability of opioid reversal agents

Bill Text

STATE OF NEW YORK
________________________________________________________________________
8991--A
IN SENATE
April 8, 2024
___________
Introduced by Sens. HARCKHAM, ASHBY, COONEY, GALLIVAN, OBERACKER -- read
twice and ordered printed, and when printed to be committed to the
Committee on Alcoholism and Substance Use Disorders -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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 [ ] to the public,antagonists reversal agents
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 [ ] " means a federal food andantagonist reversal agents
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 (iii) "Purchaser" means any community organization, municipality,
21 pharmacy, medical facility, hospital, or any other entity, that accesses
22 opioid reversal drugs through the New York state standing order.
23 (2) The directory required by this subdivision shall include and be
24 searchable by the following information:
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD11983-07-4

S. 8991--A 2
1 (i) addresses of each distributor of opioid [ ] antagonists reversal
2 ;agents
3 (ii) contact information, such as phone numbers or email addresses,
4 for each distributor;
5 (iii) services offered by each distributor at each location if more
6 than one, as well as information providing which opioid [ ]antagonists
7 are currently available at each distributor;reversal agents
8 (iv) special populations served;
9 (v) insurance providers accepted;
10 (vi) hours of operation of each distributor;
11 (vii) contact information of opioid addiction prevention programs; and
12 (viii) any other information the commissioner deems necessary.
13 (3) The office may utilize an existing directory to satisfy the
14 requirements of this subdivision.
15 (4) The office shall allow for choice of any formulation and dosage of
16 opioid reversal agents that are approved by the federal food and drug
17 administration in the purchase, distribution or authorization to
18 prescribe or dispense such products. The department shall cover the cost
19 of any formulation and/or dosage of any federal food and drug adminis-
20 tration-approved nasal naloxone product. Any other product where the
21 cost exceeds that of highest-priced nasal naloxone product, that cost
22 overrun shall be borne by the purchaser.
23 § 2. Subparagraph (i) of paragraph (a) of subdivision 3 of section
24 3309 of the public health law, as amended by chapter 42 of the laws of
25 2014, is amended to read as follows:
26 (i) "Opioid [ ] " means a drug approved by theantagonist reversal agents
27 Food and Drug Administration that, when administered, negates or
28 neutralizes in whole or in part the pharmacological effects of an opioid
29 in the body. ["Opioid antagonist reversal agents" shall be limited to
30 naloxone and other medications approved by the department for such
31 ] purpose The department shall make available any formulation and dosage
32 of opioid reversal agents that are approved by the federal Food and Drug
33 .Administration
34 § 3. Section 3309 of the public health law is amended by adding a new
35 subdivision 9 to read as follows:
36 9. Any purchase, distribution or authorization to prescribe pursuant
37 to this section by the commissioner shall allow for choice of any formu-
38 lation or dosage that is approved by the federal Food and Drug Adminis-
39 tration. The department shall cover the cost of any formulation and/or
40 dosage of any federal Food and Drug Administration-approved nasal nalox-
41 one product. Any other product where the cost exceeds that of highest-
42 priced nasal naloxone product, that cost overrun shall be borne by the
43 purchaser.
44 § 4. This act shall take effect immediately.