Assembly Bill A10024

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10024

                          I N  A S S E M B L Y

                              June 9, 2014
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. Dinowitz) --
  read once and referred to the Committee on Education

AN ACT to amend the public health law and the education law, in relation
  to  providing  for the use of opioid antagonists in schools for opioid
  overdose prevention

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subparagraph  (iv)  of  paragraph (a) of subdivision 3 of
section 3309 of the public health law, as added by a chapter of the laws
of 2014 amending the public health law relating to use of opioid  antag-
onists,  as  proposed  in  legislative  bills  numbers  S. 6477-B and A.
8637-B, is amended to read as follows:
  (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
section,   OR  A  SCHOOL  DISTRICT,  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES, COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION  BOARD,  CHARTER
SCHOOL,  NON-PUBLIC  ELEMENTARY  AND/OR SECONDARY SCHOOL IN THE STATE OR
ANY PERSON EMPLOYED BY SUCH DISTRICT, BOARD OR SCHOOL.
  S 2. Subdivision 4 of section  3309  of  the  public  health  law,  as
amended  by a chapter of the laws of 2014 amending the public health law
relating to use of opioid antagonists, as proposed in legislative  bills
numbers S. 6477-B and A. 8637-B, is amended to read as follows:
  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.
  A recipient, opioid  overdose  prevention  program,  SCHOOL  DISTRICT,
BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION
AND  EXTENSION  BOARD,  CHARTER  SCHOOL,  NON-PUBLIC  ELEMENTARY  AND/OR
SECONDARY  SCHOOL IN THE STATE, OR ANY PERSON EMPLOYED BY SUCH DISTRICT,
BOARD OR SCHOOL under this section, acting reasonably and in good  faith

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10215-06-4
              

A. 10024                            2

in compliance with this section, shall not be subject to criminal, civil
or administrative liability solely by reason of such action.
  S  3. The education law is amended by adding a new section 922 to read
as follows:
  S 922. OPIOID OVERDOSE PREVENTION.   1. SCHOOL  DISTRICTS,  BOARDS  OF
COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION AND EXTEN-
SION  BOARDS,  CHARTER  SCHOOLS, AND NON-PUBLIC ELEMENTARY AND SECONDARY
SCHOOLS IN THIS STATE MAY PROVIDE AND MAINTAIN ON-SITE IN EACH  INSTRUC-
TIONAL  SCHOOL  FACILITY OPIOID ANTAGONISTS, AS DEFINED IN SECTION THREE
THOUSAND THREE HUNDRED NINE OF THE PUBLIC HEALTH LAW, IN QUANTITIES  AND
TYPES  DEEMED BY THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER
OF HEALTH, TO BE ADEQUATE TO ENSURE READY AND APPROPRIATE ACCESS FOR USE
DURING EMERGENCIES TO ANY STUDENT OR STAFF HAVING OPIOID OVERDOSE WHETH-
ER OR NOT THERE IS A PREVIOUS HISTORY OF OPIOID ABUSE.
  2. SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, COUN-
TY VOCATIONAL EDUCATION AND EXTENSION BOARDS, CHARTER SCHOOLS, AND  NON-
PUBLIC  ELEMENTARY  AND  SECONDARY  SCHOOLS  IN THIS STATE OR ANY PERSON
EMPLOYED BY ANY SUCH ENTITY MAY ADMINISTER AN OPIOID ANTAGONIST  IN  THE
EVENT  OF  AN  EMERGENCY  PURSUANT  TO THE REQUIREMENTS OF SECTION THREE
THOUSAND THREE HUNDRED NINE OF THE PUBLIC HEALTH LAW.
  S 4. This act shall take effect on the  same  date  and  in  the  same
manner  as  a chapter of the laws of 2014 amending the public health law
relating to use of opioid antagonists, as proposed in legislative  bills
numbers S. 6477-B and A. 8637-B, takes effect.