Woerner, Lupardo, Walsh, Jensen, Cruz, Lavine, Reyes, Beephan, Angelino, Lemondes, Gallahan, Maher,
Steck, Buttenschon, Levenberg, Shimsky, Manktelow, Brown K
MLTSPNSR
Davila
Amd §3351, Pub Health L
Relates to dispensing certain controlled substances for use by a person with a substance use disorder during certain emergency medical treatment, for use in maintenance or detoxification treatment, or to relieve acute withdrawal symptoms.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5432
SPONSOR: McDonald (MS) TITLE OF BILL:
An act to amend the public health law, in relation to dispensing certain
controlled substances for use by a person with a substance use disorder
PURPOSE:
Allows paramedics to administer controlled substances when responding to
a person who has acute withdrawal symptoms.
SUMMARY OF PROVISIONS:
Section one:
*Amends subdivision 1 of section 3351 of the public health taw to update
terminology of "addict" to "person with a substance use disorder."
*Adds a new subdivision 1-a to section 3351 of the public health law to
authorize a practitioner to prescribe, administer, or dispense schedule
III, IV, or V narcotics specifically for use in maintenance or detoxifi-
cation treatment to a person with a substance use disorder or habitual
user.
*Amends subdivision 2 of section 3351 of the public health law to allow
advanced emergency medical technician-paramedics, acting within their
scope of practice, to administer controlled substances to relieve acute
withdrawal symptoms in those who are dealing with a substance use disor-
der.
Section two establishes the effective date.
JUSTIFICATION:.
Patients with opioid use disorder who have overdosed and require nalox-
one reversal are at increased risk for recurrent overdose and death and
also present an opportunity for intervention. Buprenorphine, a partial
opioid antagonist, provides some relief from opioid withdrawal symptoms.
It is safe and effective for paramedic administration. A pilot project
in California came to the conclusion that EMS administered buprenorphine
is possible, safe, and results in significant retention in care at 30
days. Prehospital initiation of buprenorphine treatment for opioid use
disorder (OUD) by paramedics is an emerging potential intervention to
reach the patients at greatest risk for opioid- related deaths.
Emergency medical services (EMS) patients who are at high risk for over-
dose deaths may never engage in treatment as they frequently decline
transport to the hospital after naloxone reversal. Not only is there a
high level of stigma in treating these patients, but also there is a
lack of training and education among EMS personnel about the acute
treatments for OUD in the emergency department.
Strong evidence suggests that the initiation of medication for opioid
use disorder (MOUD) is the single most effective intervention to prevent
overdose deaths in patients with OUD and that increasing access to medi-
cation should be a national public health priority. (from H. Gene Hem,
Vanessa Lara, David Goldstein, M. Kalmin, S. Kidane, S. Shoptaw, Ori
Tzvieti & Andrew A. Herring (2023) Prehospital Buprenorphine Treatment
for Opioid Use Disorder by Paramedics: First Year Results of the EMS
Buprenorphine Use Pilot, Prehospitat Emergency Care, 27:3, 334-342, D
01:10.1080/10903127.2022,2061661)
LEGISLATIVE HISTORY:
Minor changes but substantively similar to S.9926/A.9882A of 2024
(referred to Senate Rules / Assembly Health.)
FISCAL IMPLICATIONS:
None to the State
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5432
2025-2026 Regular Sessions
IN ASSEMBLY
February 14, 2025
___________
Introduced by M. of A. McDONALD, WOERNER, LUPARDO, WALSH, JENSEN, CRUZ,
LAVINE, REYES, BEEPHAN, ANGELINO, LEMONDES, GALLAHAN, MAHER -- Multi-
Sponsored by -- M. of A. DAVILA -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to dispensing certain
controlled substances for use by a person with a substance use disor-
der
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1 and 2 of section 3351 of the public health
2 law, as added by chapter 878 of the laws of 1972, is amended and a new
3 subdivision 1-a is added to read as follows:
4 1. Controlled substances may be prescribed for, or administered or
5 dispensed to [an addict] a person with a substance use disorder or
6 habitual user:
7 (a) during emergency medical treatment unrelated to [abuse] such
8 substance use disorder or habitual use of controlled substances;
9 (b) who is a bona fide patient suffering from an incurable and fatal
10 disease such as cancer or advanced tuberculosis;
11 (c) who is aged, infirm, or suffering from serious injury or illness
12 and the withdrawal from controlled substances would endanger the life or
13 impede or inhibit the recovery of such person.
14 1-a. A practitioner may prescribe, administer and dispense any sched-
15 ule III, IV, or V narcotic drug approved by the federal food and drug
16 administration specifically for use in maintenance or detoxification
17 treatment to a person with a substance use disorder or habitual user.
18 2. Controlled substances may be ordered for use by [an addict] a
19 person with a substance use disorder or habitual user by a practitioner
20 and administered by a practitioner [or], registered nurse, or emergency
21 medical technician-paramedic, acting within their scope of practice, to
22 relieve acute withdrawal symptoms.
23 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01964-02-5
