BILL NUMBER: S3416D
SPONSOR: FERNANDEZ
 
TITLE OF BILL:
An act to amend the public health law, in relation to authorizing insti-
tutional dispensers to dispense controlled substances for use off prem-
ises in an emergency situation for at least three days and authorizing
practitioners to dispense controlled substances for use in maintenance
or detoxification treatment to an addict or habitual user
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the public health law to match regulations related to
dispensing controlled substances for purposes of initiating maintenance
or detoxification treatment with the Federal Drug Enforcement Agency.
Section 2 amends the public health law to allow practitioners to
prescribe any III, IV, or V narcotic drug approved by the federal food
and drug administration specifically for use in maintenance or detoxifi-
cation treatment to an addict or habitual user.
Section 3 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 as per BNE regulations. This bill will allow NYS BNE
to change its regulations to match federal regulations regarding the
dispensing of controlled substances for purposes of initiating mainte-
nance treatment, detoxification treatment, or both. Doing so will allow
for additional access to these crucial medications as New York State
continues to fight an overdose epidemic.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

Statutes affected:
S3416: 3342 public health law, 3342(2) public health law, 3350 public health law
S3416A: 3342 public health law, 3342(2) public health law, 3350 public health law
S3416B: 3342 public health law, 3342(2) public health law
S3416C: 3342 public health law, 3342(2) public health law
S3416D: 3342 public health law, 3342(2) public health law