N.Y. Public Health Law § 2803-u: Hospital substance use disorder policies and procedures

§ 2803-u. Hospital substance use disorder policies and procedures. 1.

The office of alcoholism and substance abuse services, in consultation

with the department, shall develop or utilize existing educational

materials to be provided to general hospitals to disseminate to

individuals with a documented substance use disorder or who appear to

have or be at risk for a substance use disorder during discharge

planning pursuant to section twenty-eight hundred three-i of this

article. Such materials shall include information regarding the various

types of treatment and recovery services, including but not limited to:

inpatient, outpatient, and medication-assisted treatment; how to

recognize the need for treatment services; information for individuals

to determine what type and level of treatment is most appropriate and

what resources are available to them; and any other information the

commissioner deems appropriate. General hospitals shall include in their

policies and procedures treatment protocols, consistent with medical

standards, to be utilized by the emergency departments in general

hospitals for the appropriate use of medication-assisted treatment,

including buprenorphine, prior to discharge, or referral protocols for

evaluation of medication-assisted treatment when initiation in an

emergency department of a general hospital is not feasible.

2. Every general hospital shall: (a) within existing or in addition to

current policies and procedures, develop, maintain and disseminate,

written policies and procedures, for the identification, assessment and

referral of individuals with a documented substance use disorder or who

appear to have or be at risk for a substance use disorder as defined in

section 1.03 of the mental hygiene law;

(b) establish and implement training, within existing or in addition

to current training programs, for all individuals licensed or certified

pursuant to title eight of the education law who provide direct patient

care regarding the policies and procedures established pursuant to this

section; and

(c) except where an individual has come into the hospital under

section 22.09 of the mental hygiene law, if the hospital does not

directly provide substance use disorder services, then it shall refer

individuals in need of substance use disorder services to and coordinate

with substance use disorder services programs that provide behavioral

health services, as defined in section 1.03 of the mental hygiene law.

3. Upon commencement of treatment, admission, or discharge of an

individual with a documented substance use disorder or who appears to

have or be at risk for a substance use disorder, including discharge

from the emergency department, such hospital shall inform the individual

of the availability of the substance use disorder treatment services

that may be available to them through a substance use disorder services

program.

4. The commissioner, in consultation with the commissioner of the

office of alcoholism and substance abuse services, shall make

regulations as may be necessary and proper to carry out the provisions

of this section.