2023 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.