What's happening
This bill requires hospitals, inpatient facilities, and correctional facilities to provide opioid overdose education and take-home opioid antagonists to individuals with opioid use disorder upon discharge.
Why it matters
Increases access to life-saving medication. By requiring facilities to provide two doses of take-home opioid antagonists (such as naloxone) and a prescription upon discharge, the bill directly equips at-risk individuals with the means to reverse a potentially fatal overdose, which is critical during the high-risk period immediately after leaving care.
Standardizes overdose education. Mandates that opioid overdose education provided to patients and inmates must follow established Department of Health or federal guidelines, ensuring that individuals receive up-to-date, evidence-based information on recognizing and responding to overdoses.
Targets a high-risk transition period. Focuses on people with opioid use disorder when they are discharged from hospitals, inpatient substance use facilities, or correctional facilities—times when research shows they are at significantly increased risk for overdose due to reduced tolerance and gaps in care continuity.
Potentially reduces strain on emergency services and public health costs. By empowering individuals and their communities to intervene early in an overdose, the bill could reduce the number of fatal overdoses, lower emergency room visits, and decrease the longer-term healthcare and societal costs associated with opioid misuse.
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Who cares
Headline styles
Give Overdose Kits to Discharged
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to alcoholism and drug abuse
- Delivered to assembly
- Passed senateVote 54–7
- Advanced to third reading
- 2nd report cal.
- 1st report cal.69
- Referred to alcoholism and substance abuse
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Send Naloxone Home With Patients
In Assembly Committee · Alcoholism And Drug Abuse · Sponsor Edward Braunstein
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6650
2019-2020 Regular Sessions
IN SENATE
August 14, 2019
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the mental hygiene law, in relation to providing discharged patients with opioid overdose training; to amend the correction law, in relation to providing discharged inmates with opioid overdose training; and to amend the public health law, in relation to the provision of opioid antagonists for take home use upon discharge from the hospital
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 29.15 of the mental hygiene law is amended by adding a new subdivision (o) to read as follows:
(o) 1. A patient about to be discharged or conditionally released from an inpatient facility operated or licensed by the office of alcoholism and substance abuse services and who has been diagnosed with an opioid use disorder shall provide such patient with an opioid overdose education that:
(i) conforms to department of health or federal substance abuse and mental health services administration guidelines for opioid overdose education;
(ii) explains the causes of an opioid overdose;
(iii) instructs when and how to administer in accordance with medical best practices both:
(A) life-saving rescue techniques; and
(B) an opioid antagonist; and
(iv) explains how to contact appropriate emergency medical services.
2. Such facility shall also provide the patient as they leave the facility with:
(i) two doses of an opioid antagonist in a form approved for take home use by the federal food and drug administration; and
(ii) a prescription for an opioid antagonist.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13207-02-9
S. 6650 2
§ 2. The correction law is amended by adding a new section 149-a to read as follows:
§ 149-a. Released inmates with opioid use disorder. 1. Upon discharge of an inmate who has been diagnosed with an opioid use disorder from a correctional facility, regardless of whether that inmate has received treatment for that disorder, the department shall provide such inmate with an opioid overdose education that:
(a) conforms to department of health or federal substance abuse and mental health services administration guidelines for opioid overdose education;
(b) explains the causes of an opioid overdose;
(c) instructs when and how to administer in accordance with medical best practices both:
(i) life-saving rescue techniques; and
(ii) an opioid antagonist; and
(d) explains how to contact appropriate emergency medical services.
2. Such facility shall also provide the inmate as they leave the facility with:
(a) two doses of an opioid antagonist in a form approved for take home use by the federal food and drug administration; and
(b) a prescription for an opioid antagonist.
§ 3. Subdivision 3 of section 2803-u of the public health law, as added by section 1 of part C of chapter 70 of the laws of 2016, is amended to read as follows:
3. Upon commencement of treatment, admission, or discharge of an individual with a documented substance use disorder or who appears to have or be at risk for a substance use disorder, including discharge from the emergency department, such hospital shall: (a) inform the individual of the availability of the substance use disorder treatment services that may be available to them through a substance use disorder services program; and (b) provide the individual with two doses of an opioid antagonist in a form approved for take home use by the federal food and drug administration.
§ 4. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the mental hygiene law, in relation to providing discharged patients with opioid overdose training; to amend the correction law, in relation to providing discharged inmates with opioid overdose training; and to amend the public health law, in relation to the provision of opioid antagonists for take home use upon discharge from the hospital
Purpose
Relates to providing discharged patients with opioid overdose education and opioid antagonist for take home use.
Summary of provisions
Section 1 adds a new subdivision (o) to Section 29.15 of the mental hygiene law, mandating that a patient about to be discharged or condi- tionally released from an inpatient facility operated or licensed by the Office of Alcoholism and Substance Abuse Services, and who has been diagnosed with an opioid use disorder, shall provide such patient with an opioid overdose education that conforms to the Department of Health or federal Substance Abuse and Mental Health Services Administration Guidelines for opioid education. This education must explain the causes of an opioid overdose, instruct when and how to administer life saving techniques, an opioid antagonist, and how to contact emergency medical services. Such facility shall also provide the patient as they leave the facility with two doses of an opioid antagonist and a prescription for an opioid antagonist.
Read the full memo (1,014 words)
Section 2 amends the correction law by adding a new section 149-a in relation to released inmates with an opioid use disorder. Upon discharge of an inmate who has been diagnosed with an opioid use disorder from a correctional facility, regardless of whether that inmate has received treatment for that disorder, the department shall provide such inmate with an opioid overdose education that conforms to the Department of Health or federal Substance Abuse and Mental Health Services Adminis- tration Guidelines for opioid education. This education must explain the causes of an opioid overdose, instruct when and how to administer life saving techniques, an opioid antagonist, and how to contact emergency medical services. Such facility shall also provide the patient as they leave the facility with two doses of an opioid antagonist and a prescription for an opioid antagonist.
Section 3 amends Section 2803-u of the public health law by mandating that upon commencement of treatment, admission, or discharge of an indi- vidual with a documented substance abuse disorder, or who appears to have or be at risk for a substance use disorder, including discharge from the emergency department, a hospital shall provide the individual with two doses of an opioid antagonist.
Section 4 contains the effective date.
Justification
Between 2015 and 2016 the opioid overdose death rate in New York State increased by 40%. As of March 2018, more than 115 people in the United STates die every day from overdosing on opioids, according to the CDC. Opioid antagonists, such as naloxone, are drugs that reverse the effects of opioids, and are effective in preventing overdose deaths. The avail- ability of an opioid antagonist is crucial in ensuring that overdose deaths do not occur. However, an opioid antagonist can only be effective as an antidote o of os readily available when an overdose is happening. In 2018, the United States Surgeon General issued the first national advisory in over a decade, urging all Americans to carry naloxone.
The American College of Emergency Physicians recently reported that "addiction researchers have demonstrated that overdose events are an important indicator not only of future overdoses, but also represent a critical opportunity for overdose prevention and engagement in treat- ment; those who have overdosed on heroin are four to five times more likely to suffer a subsequent overdose event, and are at higher risk for death from opioid overdose_ since 2004, drug related emergency depart- ment visits increased by over 80%."
A study titled "Peer Navigation and take-home naloxone for opioid over- dose emergency department patients" found "a high frequency of death and repeat overdose one-year following an emergency department visit for opioid overdose." The Maryland Hospital Association recommended in December, 2018 that "hospitals should offer naloxone to patients who present in the emergency department with an opioid overdose and to patients deemed to be at risk for opioid use disorder, by dispensing directly from the emergency department or by providing a prescription."
According to the Harm Reduction Coalition, "individuals with a history of drug use who are leaving jail or prison have a great likelihood of overdosing in the first two weeks following discharge." A North Carolina study published in 2018 by the American Journal of Public Health indi- cated that "in the first two weeks after being released from prison, former inmates were 40 times more likely to die of an opioid overdose than someone in the general population. When restricted to heroin over- doses only, the overdose death rate increased to 74 times the norm with two weeks after release. Even entire year after release, overdose death rates remained 10-18 times higher among formerly incarcerated individ- uals."
A report in the Journal of Addictive Diseases concluded that "due to the increased risk of overdose following periods of abstinence_ pre-release program of overdose prevention education, including Naloxone prescription, of inmates with a history of opiate addiction would likely prevent many overdose deaths." The study found that many will refuse to call 911 in the event of an overdose, due to fear of police involvement.
In light of these tragic statistics, this bill mandates that inmates, as well as patients about to be discharged from inpatient drug rehabili- tation facilities, who have been diagnosed with an opioid use disorder, receive opioid overdose education, as well as two doses of an opioid antagonist and a prescription for an opioid antagonist. Additionally, upon commencement of treatment, admission, or discharge of an individual with a documented substance abuse disorder, including discharge from the emergency department, a hospital shall provide the patient with two doses of an opioid antagonist.
Legislative history
This is a new bill.
Fiscal implications
To be determined.
Effective date
This act shall take effect on the one hundred eightieth day after it shall become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.