S T A T E O F N E W Y O R K
________________________________________________________________________
4588
2013-2014 Regular Sessions
I N S E N A T E
April 12, 2013
___________
Introduced by Sen. HANNON -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to establishing an
emergency opioid overdose prevention pilot program and the use of
opioid inverse agonists in opioid overdose prevention
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 which may include, but not be limited to, standards for program
directors, appropriate clinical oversight, training, record keeping and
reporting.
2. THE COMMISSIONER SHALL ESTABLISH AN EMERGENCY OPIOID OVERDOSE
PREVENTION PILOT PROGRAM. SUCH PROGRAM SHALL:
(A) MAKE NALOXONE AVAILABLE TO ALL LAW ENFORCEMENT AGENCIES, UPON
REQUEST; PROVIDED THAT THE POLICE OFFICERS OF SUCH AGENCY CAN CERTIFY
THAT THEY HAVE RECEIVED THE TRAINING ESTABLISHED PURSUANT TO PARAGRAPH
(C) OF THIS SUBDIVISION;
(B) PROVIDE NALOXONE TO NOT MORE THAN THIRTY PUBLIC HIGH SCHOOLS
THROUGHOUT THE STATE. THE COMMISSIONER SHALL SELECT NOT LESS THAN TWO
PUBLIC HIGH SCHOOLS IN EACH OF THE FOLLOWING REGIONS TO PARTICIPATE IN
THE PROGRAM ESTABLISHED PURSUANT TO THIS SUBDIVISION: LONG ISLAND, THE
CITY OF NEW YORK, THE CAPITAL DISTRICT, THE HUDSON VALLEY, THE MOHAWK
VALLEY, THE NORTH COUNTRY, CENTRAL NEW YORK, THE SOUTHERN TIER, THE
FINGER LAKES AND WESTERN NEW YORK. THE SCHOOL NURSE AND AT LEAST ONE
OTHER STAFF MEMBER OF EACH PARTICIPATING HIGH SCHOOL SHALL RECEIVE THE
TRAINING ESTABLISHED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION; AND
(C) PROVIDE TRAINING, OR WORK WITH LOCAL ORGANIZATIONS TO PROVIDE
TRAINING, ON THE PROPER USE AND ADMINISTRATION OF NALOXONE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10215-02-3
S. 4588 2
3. 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 OR AN OPIOID
INVERSE AGONIST pursuant to this section shall not constitute the unlaw-
ful practice of a profession or other violation under title eight of the
education law or this article.
[3.] 4. Use of an opioid antagonist OR AN OPIOID INVERSE AGONIST
pursuant to this section shall be considered first aid or emergency
treatment for the purpose of any statute relating to liability.
[4.] 5. The commissioner shall publish findings on statewide opioid
overdose data [that reviews], INCLUDING:
(A) USE OF NALOXONE UNDER THE PILOT PROGRAM ESTABLISHED PURSUANT TO
SUBDIVISION TWO OF THIS SECTION;
(B) overdose death rates;
(C) AGE, GENDER, ETHNICITY AND GEOGRAPHIC LOCATION OF OPIOID OVERDOSE
DEATHS;
(D) EMERGENCY ROOM UTILIZATION FOR TREATMENT OF OPIOID OVERDOSES;
(E) UTILIZATION OF PRE-HOSPITAL SERVICES FOR OPIOID OVERDOSES; and
(F) ANY other information NECESSARY to ascertain THE SUCCESS OF NALOX-
ONE USE AND changes in the cause and rates of fatal opioid overdoses.
The [report] FINDINGS, WHICH may be part of AN existing [state mortality
reports issued by the department, and] REPORT, shall be submitted annu-
ally [for three years and as deemed necessary by the commissioner there-
after,] to [the governor,] the temporary president of the senate [and],
THE CHAIR OF THE SENATE STANDING COMMITTEE ON HEALTH, the speaker of the
assembly AND THE CHAIR OF THE ASSEMBLY HEALTH COMMITTEE. [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
overdose;
(c) data on utilization of pre-hospital services;
(d) suggested improvements in data collection.]
S 2. This act shall take effect immediately.