[HISTORY: Adopted by the Legislature of the County of Monroe
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-9-2021 by L.L. No. 2-2021]
A.
While our community has made significant efforts to support residents
battling opioid addiction, we must continue to remove barriers to
treatment and end the stigma associated with this public health crisis.
B.
Opioid antagonists, such as naloxone/Narcan, are effective in neutralizing
the effects of an opioid overdose. Over 100 pharmacies in Monroe County
provide this life-saving medicine without a prescription through standing
orders pursuant to New York State Public Health Law. It is the intent
of this article to ensure that the public is aware that this resource
is available; promote the spread of information as to the causes,
nature, and prevention of opioid use disorder; and preserve and improve
public health.
The following terms used in this article shall have the meanings
indicated:
An opiate as defined in § 3302 of the Public Health
Law.
A drug approved by the Food and Drug Administration that,
when administered, negates or neutralizes in whole or in part the
pharmacological effects of an opioid in the body. An opioid antagonist
is limited to naloxone or other medications approved by the New York
State Department of Health for this purpose.
A pharmacy registered in accordance with Article 137 of the
New York State Education Law.
Notice of the availability of an opioid antagonist at a particular
pharmacy in a form provided by the Monroe County Department of Public
Health.
A non-patient-specific prescription to dispense an opioid
antagonist to a consumer.
A.
All pharmacies within Monroe County that maintain a standing order must provide a public health notice to customers to whom the pharmacy dispenses an opioid. Such public health notices must be signed by the customer to acknowledge receipt prior to the dispensation of an opioid in accordance with § 332-3B below.
B.
Pharmacies within Monroe County that maintain a standing order must
provide a public health notice:
(1)
The first time a customer fills an opioid prescription at the pharmacy;
(2)
The first time a customer renews, refills, and/or fills a new prescription
for an opioid after the effective date of this article; or
(3)
Any time there is a change in a customer's prescription, including
but not limited to dosage amount or frequency.
C.
The provisions of this article shall not limit the authority of a
health care professional to prescribe, dispense or distribute, or
of a pharmacist to dispense, an opioid antagonist under any other
provision of local, state, or federal law.
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
This article shall take effect 90 days after it is filed with
the Secretary of State in accordance with the provisions of the Municipal
Home Rule Law.
