NY Pub Health L § 2803-U (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 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.