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

                                  8285

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            November 20, 2013
                               ___________

Introduced by M. of A. LENTOL -- read once and referred 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
              

A. 8285                             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.