S T A T E O F N E W Y O R K
Cal. No. 104
I N S E N A T E
January 28, 2014
Introduced by Sens. HANNON, BOYLE, BALL, CARLUCCI, ESPAILLAT, GRISANTI,
HASSELL-THOMPSON, HOYLMAN, KENNEDY, KRUEGER, LANZA, MARCHIONE,
MARTINS, MONTGOMERY, PARKER, RIVERA -- read twice and ordered printed,
and when printed to be committed to the Committee on Health --
reported favorably from said committee, ordered to first and second
report, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading -- again amended and
ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the public health law, in relation to use of opioid
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3309 of the public health law, as added by chapter
413 of the laws of 2005, is amended to read as follows:
S 3309. Opioid overdose prevention. 1. The commissioner is authorized
to establish standards for approval of any opioid overdose prevention
program, AND OPIOID ANTAGONIST PRESCRIBING, DISPENSING, DISTRIBUTION,
POSSESSION AND ADMINISTRATION PURSUANT TO THIS SECTION which may
include, but not be limited to, standards for program directors, appro-
priate clinical oversight, training, record keeping and reporting.
2. Notwithstanding any inconsistent provisions of section sixty-five
hundred twelve of the education law or any other law, the purchase,
acquisition, possession or use of an opioid antagonist pursuant to this
section shall not constitute the unlawful practice of a profession or
other violation under title eight of the education law or this article.
3. (A) AS USED IN THIS SECTION:
(I) "OPIOID ANTAGONIST" MEANS 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. "OPIOID
ANTAGONIST" SHALL BE LIMITED TO NALOXONE AND OTHER MEDICATIONS APPROVED
BY THE DEPARTMENT FOR SUCH PURPOSE.
(II) "HEALTH CARE PROFESSIONAL" MEANS A PERSON LICENSED, REGISTERED OR
AUTHORIZED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW TO PRESCRIBE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 6477--B 2
(III) "PHARMACIST" MEANS A PERSON LICENSED OR AUTHORIZED TO PRACTICE
PHARMACY PURSUANT TO ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION
(IV) "OPIOID ANTAGONIST RECIPIENT" OR "RECIPIENT" MEANS A PERSON AT
RISK OF EXPERIENCING AN OPIOID-RELATED OVERDOSE, OR A FAMILY MEMBER,
FRIEND OR OTHER PERSON IN A POSITION TO ASSIST A PERSON EXPERIENCING OR
AT RISK OF EXPERIENCING AN OPIOID-RELATED OVERDOSE, OR AN ORGANIZATION
REGISTERED AS AN OPIOID OVERDOSE PREVENTION PROGRAM PURSUANT TO THIS
(B)(I) A HEALTH CARE PROFESSIONAL MAY PRESCRIBE BY A PATIENT-SPECIFIC
OR NON-PATIENT-SPECIFIC PRESCRIPTION, DISPENSE OR DISTRIBUTE, DIRECTLY
OR INDIRECTLY, AN OPIOID ANTAGONIST TO AN OPIOID ANTAGONIST RECIPIENT.
(II) A PHARMACIST MAY DISPENSE AN OPIOID ANTAGONIST, THROUGH A
PATIENT-SPECIFIC OR NON-PATIENT-SPECIFIC PRESCRIPTION PURSUANT TO THIS
PARAGRAPH, TO AN OPIOID ANTAGONIST RECIPIENT.
(III) AN OPIOID ANTAGONIST RECIPIENT MAY POSSESS AN OPIOID ANTAGONIST
OBTAINED PURSUANT TO THIS PARAGRAPH, MAY DISTRIBUTE SUCH OPIOID ANTAG-
ONIST TO A RECIPIENT, AND MAY ADMINISTER SUCH OPIOID ANTAGONIST TO A
PERSON THE RECIPIENT REASONABLY BELIEVES IS EXPERIENCING AN OPIOID OVER-
(IV) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT BE DEEMED TO REQUIRE A
PRESCRIPTION FOR ANY OPIOID ANTAGONIST THAT DOES NOT OTHERWISE REQUIRE A
PRESCRIPTION; NOR SHALL IT BE DEEMED TO LIMIT THE AUTHORITY OF A HEALTH
CARE PROFESSIONAL TO PRESCRIBE, DISPENSE OR DISTRIBUTE, OR OF A PHARMA-
CIST TO DISPENSE, AN OPIOID ANTAGONIST UNDER ANY OTHER PROVISION OF LAW.
4. Use of an opioid antagonist pursuant to this section shall be
considered first aid or emergency treatment for the purpose of any stat-
ute relating to liability.
[4.] A RECIPIENT OR OPIOID OVERDOSE PREVENTION PROGRAM UNDER THIS
SECTION, ACTING REASONABLY AND IN GOOD FAITH IN COMPLIANCE WITH THIS
SECTION, SHALL NOT BE SUBJECT TO CRIMINAL, CIVIL OR ADMINISTRATIVE
LIABILITY SOLELY BY REASON OF SUCH ACTION.
5. The commissioner shall publish findings on statewide opioid over-
dose data that reviews overdose death rates and other information to
ascertain changes in the cause and rates of fatal opioid overdoses. The
report may be part of existing state mortality reports issued by the
department, and shall be submitted annually [for three years and as
deemed necessary by the commissioner thereafter,] to the governor, the
temporary president of the senate [and], the speaker of the assembly,
AND THE CHAIRS OF THE SENATE AND ASSEMBLY HEALTH COMMITTEES. The report
shall include, at a minimum, the following information:
(a) information on opioid overdose deaths, including age, gender,
ethnicity, and geographic location;
(b) data on emergency room utilization for the treatment of opioid
(c) data on utilization of pre-hospital services;
(d) [suggested improvements in data collection.] DATA ON UTILIZATION
OF OPIOID ANTAGONISTS; AND
(E) ANY OTHER INFORMATION NECESSARY TO ASCERTAIN THE SUCCESS OF THE
PROGRAM AND WAYS TO FURTHER REDUCE OVERDOSES.
S 2. This act shall take effect immediately.