senate Bill S4588

2013-2014 Legislative Session

Establishes an emergency opioid overdose prevention pilot program whereby police agencies and certain public high schools could administer Naloxone to persons who have overdosed on an opioid

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to health
May 07, 2013 reported and committed to finance
Apr 12, 2013 referred to health

Votes

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May 7, 2013 - Health committee Vote

S4588
13
0
committee
13
Aye
0
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Health Committee Vote: May 7, 2013

aye wr (2)
excused (1)

Co-Sponsors

S4588 - Bill Details

See Assembly Version of this Bill:
A8285
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §3309, Pub Health L

S4588 - Bill Texts

view summary

Establishes an emergency opioid overdose prevention pilot program whereby police agencies and certain public high schools could administer Naloxone, an opioid inverse agonist, to persons who have overdosed on an opioid; provides for the admininstration of Naloxone pursuant to the opioid overdose prevention program.

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BILL NUMBER:S4588

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: Establishes the Emergency Opioid
Overdose Prevention Pilot Program through which the Commissioner of
Health will make naloxone available to up to 30 public high schools
throughout the state and to trained police officers upon request.

SUMMARY OF PROVISIONS:

Section one amends Public Health Law (PHL) § 3309 to require the
Commissioner of Health to create the Emergency Opioid Overdose
Prevention Pilot Program. Under the program, naloxone will be made
available, upon request, to all law enforcement agencies provided the
officers of such agency have received the appropriate training. The
program shall also provide naloxone to up to 30 schools across the
state, with not less than two in each region. The school nurse and at
least one other staff member at each participating school must also
receive appropriate training.

This section also amends the opioid overdose data collection and
report to require the Commissioner to include information pertaining
to the use of naloxone under the program and any other information
necessary to ascertain the success of the program. Such findings shall
be submitted annually but may be submitted as part of an existing
report.

Section two provides that the act shall take effect immediately.

JUSTIFICATION: The Centers for Disease Control and Prevention reports
that every 19 minutes, one person dies from an accidental overdose or
suicide as a result of prescription drug abuse. A person suffering
from an opioid or opiate overdose will demonstrate very shallow or
non-existent breathing which may lead to oxygen deprivation causing
brain damage or death. However, if naloxone (Narcan) is timely
administered it can revive the most catatonic drug user and give them
a second chance at life. Naloxone, often referred to as a
drug-overdose antidote, is a drug used to reverse an overdose by
blocking the opioid receptor and counteracting the life-threatening
depression of the central nervous system and respiratory system.

In 2005, the state authorized non-medical persons to administer
naloxone to another individual in order to prevent an opioid or heroin
overdose from becoming fatal. The Department of Health recommends
administering naloxone directly after calling 911 and checking for
breathing. The cost of naloxone is minimal, especially when compared
to the benefit, ranging from approximately $6-$20,

As the prescription drug crisis continues to grow, expanded access to
naloxone has become a necessary priority. In Nassau County, EMTs
administer naloxone through their police department's ambulance
service. Last year, Suffolk County began participation in a program
whereby the state provided first responders, including police, with
naloxone. In the first five months alone, it is estimated 22 lives


were saved under this program. Under this legislation, all properly
trained police department's could request naloxone from the Department
of Health, With the growth of abuse amongst teens, it also is
important to expand access to naloxone in schools and to train and
authorize school nurses and other staff to administer the drug in
emergency situations. By increasing access to the drug-overdose
antidote, this legislation will help prevent the tragic loss of life
as we continue to fight this crisis.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: Immediately.

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                    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.

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