2/14/07 N.Y. St. Reg. HLT-44-06-00005-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of section 80.138 to Title 10 NYCRR.
Statutory authority:
Public Health Law, section 3309(1)
Subject:
Opioid overdose prevention program.
Purpose:
To implement L. 2005, ch. 413, which calls for the establishment of opioid overdose prevention programs to prevent fatalities due to overdose.
Text or summary was published
in the notice of proposed rule making, I.D. No. HLT-44-06-00005-P, Issue of November 1, 2006.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
William Johnson, Department of Health, Division of Legal Affairs, Office of Regulatory Reform, Corning Tower, Rm. 2415, Empire State Plaza, Albany, NY 12237, (518) 473-7488, fax: (518) 486-4834, e-mail:
regsqna@health.state.ny.usAssessment of Public Comment
One written comment was received during the 45-day public comment period, which expired on December 18, 2006, from an organization dedicated to reducing drug-related harm. The letter raised two issues for the Department's consideration. The issues and responses to those issues follows.
The cost of required supplies (i.e., latex gloves, mask or other barrier for use during rescue breathing, agent to prepare the skin before injection) may discourage prospective providers from participating.
The Department believes that the required supplies are necessary and is taking steps to make these available at no charge to Opioid Overdose Prevention Programs that have obtained a certificate of approval from the Department, subject to availability of funds and the satisfactory performance of agencies requesting supplies.
The requirement to establish and maintain a log of opioid overdose prevention trainings conducted is duplicative of the requirement for maintaining a list of Trained Overdose Responders, including the date trained.
Opioid Overdose Prevention Programs may maintain a single list or log containing both the names of those trained and the dates of trainings. The Department will clarify that a single list or log fulfilling both requirements will suffice with existing and prospective providers.
