senate Bill S7661

2013-2014 Legislative Session

Provides for the use of opioid antagonists in schools

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Archive: Last Bill Status - Passed Senate


  • 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
Jun 09, 2014 referred to education
delivered to assembly
passed senate
Jun 03, 2014 ordered to third reading cal.1150
reported and committed to rules
May 23, 2014 referred to health

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Co-Sponsors

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S7661 - Bill Details

See Assembly Version of this Bill:
A10024
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd §3309, Pub Health L (as proposed in S. 6477-B & A. 8637-B); add §922, Ed L

S7661 - Bill Texts

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Provides for the use of opioid antagonists in schools.

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BILL NUMBER:S7661

TITLE OF BILL: 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

PURPOSE: Allows for the possession and use of an opioid antagonist
(naloxone) in schools to assist a person believed to be experiencing
on opioid overdoes and provides such schools with good Samaritan
protections against criminal, civil and administrative liability

SUMMARY OF PROVISIONS:

Sections 1 and 2 amend section 3309 of the public health law as added
by a chapter of the laws of 2014 (S.6477-B AND A. 8637-B) relating to
use of opioid antagonists to allow school districts, BOCES, county
vocational education and extension boards, charter schools, non-public
elementary and/or secondary schools or any person employed by them to
possess and administer an opioid antagonist, also known as naloxone,
to someone they reasonably believe is experiencing an opioid overdoes
and provides that if they act in good faith under the section they
shall not be subject to criminal, civil or administrative liability
solely by reason of such action.

Section 3 adds a new section 922 to the education law entitled opioid
overdose prevention allowing schools as described in the public health
law amendments in section 1 and 2 of the bill to provide opioid
antagonists in each instructional school facility in quantities and
types deemed to be adequate to ensure access by the commissioner of
education in consultation with the commissioner of health and to
provide that such schools may administer opioid antagonists in the
event of an overdose pursuant to section 3309 of the public health
law.

Section 4 provides an effective date that coincides with the chapter
of 2014 which will become effective immediately upon signature by the
governor.

JUSTIFICATION: New York State, like the nation, is in the midst of a
severe prescription drug crisis. Prescriptions for opioids,
particularly oxycodone and hydrocodone have skyrocketed. 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. In 2012, the legislature enacted the seminal
I-STOP legislation to track controlled substance prescribing, prevent
doctor shopping and weed out unscrupulous doctors. One unfortunate
side effect of successfully restricting street access to these
controlled substances, is that addicts are turning to other drugs,
such as heroin. Heroin has now become the cheaper alternative to
opioids. On Long Island it is estimated that heroin addiction has
increased fourfold since 2011.

The senate and assembly passed legislation in 2014 (A. 8637-B and
S.6477-B ) which will come before the governor for signature to expand
access to opioid antagonists, also known as naloxone (narcan). These
antidotes counteract the life threatening depression of the central


nervous system and respiratory system caused by an opioid or heroin
overdose if administered in time.

This bill provides schools with the authority to have this life saving
antidote on hand and employees to administer it to someone they
believe is overdosing. The bill also provides good Samaritan
protections when naloxone is administered in good faith to prevent an
overdose. This bill will allow for wider use and availability of this
life saving antidote and, in so doing, save lives.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: none

EFFECTIVE DATE: Coincides with the chapter of S.6477-B and A.8637-B
which will become effective immediately upon signature by the
governor.

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

                                  7661

                            I N  S E N A T E

                              May 23, 2014
                               ___________

Introduced  by  Sens.  HANNON,  BALL,  BONACIC, BOYLE, CARLUCCI, FELDER,
  GALLIVAN,  GOLDEN,  GRIFFO,   LANZA,   LARKIN,   LITTLE,   MARCELLINO,
  MARCHIONE,  MARTINS,  MAZIARZ, NOZZOLIO, O'MARA, RANZENHOFER, RITCHIE,
  ROBACH, SAVINO, SEWARD, VALESKY,  YOUNG  --  read  twice  and  ordered
  printed, and when printed to be committed to the Committee on Health

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

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

S. 7661                             2

SECONDARY  SCHOOL IN THE STATE, OR ANY PERSON EMPLOYED BY SUCH DISTRICT,
BOARD OR SCHOOL 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.
  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.

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