5/6/15 N.Y. St. Reg. HLT-08-15-00005-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 80.138 of Title 10 NYCRR.
Statutory authority:
Public Health Law, section 3309
Subject:
Opioid Overdose Programs.
Purpose:
Modification of the rule consistent with new statutory language and with the emergency nature of opioid overdose response.
Text or summary was published
in the February 25, 2015 issue of the Register, I.D. No. HLT-08-15-00005-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Katherine Ceroalo, DOH, Bureau of House Counsel, Reg. Affairs Unit, Room 2438, ESP Tower Building, Albany, NY 12237, (518) 473-7488, email:
regsqna@health.ny.govAssessment of Public Comment
The Department received two comments on the Proposed Rule Making from currently registered opioid overdose prevention programs. The commenters asked whether clinical directors and affiliated prescribers of opioid overdose prevention programs may be subject to liability for prescribing opioid antagonists.
The Department interprets “opioid overdose prevention program” in Public Health Law § 3309(4) to include a clinical director or affiliated prescriber of such program. Thus, clinical directors and affiliated prescribers, acting reasonably and in good faith in compliance with Public Health Law § 3309, would not be subject to criminal, civil or administrative liability solely by reason of prescribing opioid antagonists or any other acts within the scope of 10 NYCRR § 80.138.
