BILL NUMBER: S7177B
SPONSOR: FERNANDEZ
 
TITLE OF BILL:
An act to amend the public health law, in relation to the supply of
controlled substances a practitioner in a hospital without a full-time
pharmacy may dispense to a patient in a hospital emergency room for use
off the premises
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends subdivision 2 of section 3342 of the public health law,
as 2 amended by chapter 692 of the laws of 1976.
Section 2 sets forth the effective date.
 
JUSTIFICATION:
In March of 2022, the Drug Enforcement Agency (DEA) allowed for clini-
cians working in hospitals, clinics, and emergency rooms to dispense 3
days of buprenorphine and methadone (with an exemption approval from the
DEA). However, the NYS Bureau of Narcotic Enforcement (BNE) does not
allow for the same and per BNE regulations (Part 80.75 (b)), only 24
hours of any controlled substance can be dispensed. This bill will
alloid NYS BNE to change its regulations to permit 3 days of medication
to be dispensed (at least for buprenorphine and methadone).
BNE has the opportunity here to align with the DEA policy. Creating
consistency with the DEA recommendation will be beneficial in light of
the all-hands-on-deck approach in helping ensure medically assisted
treatment is available to all. Many urban and rural areas access to
health care can be limited, therefore this is a common-sense change.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

Statutes affected:
S7177: 3342 public health law, 3342(2) public health law
S7177A: 3342 public health law, 3342(2) public health law
S7177B: 3342 public health law, 3342(2) public health law