Authorizes practitioners in institutional dispensers to dispense controlled substances as emergency treatment and authorizes practitioners to dispense controlled substances for use in detoxification treatment, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3416--D
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2025
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed  to  be  committed  to  the  Committee  on Health -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public health law, in relation to authorizing insti-
   tutional  dispensers  to  dispense  controlled  substances for use off
   premises in an emergency situation for at least three days and author-
   izing practitioners to dispense controlled substances for use in main-
   tenance or detoxification treatment to an addict or habitual user
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 2 of section 3342 of the public health law, as
 amended by chapter 466 of the laws of 2024, is amended and a new  subdi-
 vision 2-a is added to read as follows:
   2.  An  institutional dispenser may dispense controlled substances for
 use off its premises only pursuant to a prescription, prepared and filed
 in conformity with this title, provided, however, that, in an  emergency
 situation  as defined by rule or regulation of the department, a practi-
 tioner  in  a  hospital  without  a  full-time  pharmacy  may   dispense
 controlled  substances to a patient in a hospital emergency room for use
 off the premises of the institutional dispenser  for  a  period  not  to
 exceed  twenty-four hours[, unless the federal drug enforcement adminis-
 tration has authorized a longer time period for the purpose of  initiat-
 ing maintenance treatment, detoxification treatment, or both].
   2-A.  A  PRACTITIONER  IN  ANY  INSTITUTIONAL  DISPENSER  MAY DISPENSE
 CONTROLLED SUBSTANCES AS EMERGENCY TREATMENT TO A PATIENT  FOR  USE  OFF
 THE PREMISES OF THE INSTITUTIONAL DISPENSER AS AUTHORIZED BY THE FEDERAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07703-09-5
 S. 3416--D                          2
 
 DRUG  ENFORCEMENT  ADMINISTRATION  FOR THE PURPOSE OF INITIATING MAINTE-
 NANCE TREATMENT, DETOXIFICATION TREATMENT, OR BOTH.
   § 2. Section 3351 of the public health law, as added by chapter 878 of
 the laws of 1972, subdivision 5 as amended by chapter 558 of the laws of
 1999, is amended to read as follows:
   §  3351.  Dispensing for medical use.  1. Controlled substances may be
 prescribed for, or administered or dispensed to an  addict  or  habitual
 user:
   (a)   during   emergency  medical  treatment  unrelated  to  abuse  of
 controlled substances;
   (b) who is a bona fide patient suffering from an incurable  and  fatal
 disease such as cancer or advanced tuberculosis;
   (c)  who  is aged, infirm, or suffering from serious injury or illness
 and the withdrawal from controlled substances would endanger the life or
 impede or inhibit the recovery of such person.
   2. Controlled substances may be ordered for use by an addict or habit-
 ual user by a practitioner and administered by a practitioner or  regis-
 tered nurse to relieve acute withdrawal symptoms.
   3. A PRACTITIONER MAY PRESCRIBE, ADMINISTER, AND DISPENSE ANY SCHEDULE
 III, IV, OR V NARCOTIC DRUG APPROVED BY THE FEDERAL FOOD AND DRUG ADMIN-
 ISTRATION  SPECIFICALLY  FOR USE IN MAINTENANCE OR DETOXIFICATION TREAT-
 MENT TO AN ADDICT OR HABITUAL USER.
   4. Methadone, or such other controlled  substance  designated  by  the
 commissioner  as  appropriate for such use, may be ordered for use of an
 addict by a practitioner and dispensed or administered by a practitioner
 or [his] SUCH PRACTITIONER'S designated agent as interim  treatment  for
 an  addict [on a waiting list for admission to an authorized maintenance
 program] WHILE ARRANGEMENTS ARE BEING MADE FOR REFERRAL TO TREATMENT FOR
 SUCH ADDICTION TO CONTROLLED SUBSTANCES.
   [4.] 5. Methadone, or such other controlled  substance  designated  by
 the  commissioner as appropriate for such use, may be administered to an
 addict by a practitioner or  by  [his]  SUCH  PRACTITIONER'S  designated
 agent  acting  under the direction and supervision of a practitioner, as
 part of a [regime] REGIMEN designed and intended to withdraw  a  patient
 from addiction to controlled substances.
   [5.  Methadone]  6.  NOTWITHSTANDING ANY OTHER LAW AND CONSISTENT WITH
 FEDERAL REQUIREMENTS, METHADONE,  or  such  other  controlled  substance
 designated  by  the  commissioner  as  appropriate  for such use, may be
 administered OR DISPENSED DIRECTLY to an addict by a practitioner or  by
 [his]  SUCH  PRACTITIONER'S  designated agent acting under the direction
 and supervision of a practitioner, as part of a substance abuse or chem-
 ical dependence program approved pursuant to article  [twenty-three  or]
 thirty-two of the mental hygiene law.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.