BILL NUMBER: S3416A
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
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the public health law to include hospitals with a full-
time pharmacy, increases the maximum amount of medication that can be
dispensed to three days, and clarifies that the law includes methadone.
Section 2 changes the language of "addict" to "person with a substance
use disorder."
Section 3 clarifies that methadone may also be dispensed for treatment
of a substance use disorder.
Section 4 renames title 5 of article 33 of the public health law.
Section 5 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 allow
NYS BNE to change its regulations to permit 3 days of medication to be
dispensed, matching federal regulations.
Additionally, the bill clarifies that methadone is included in the type
of medication provided and expands who can dispense such medication
beyond just emergency rooms and hospitals without a full-time pharmacy.
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; provided, however, that if chapter 466 of the laws of 2024
shall not have taken effect on or before such date then section one of
this act shall take effect on the same date and in the same manner as
such chapter of the laws of 2024 takes effect.

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