Assembly Bill A9603

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9603
 
                           I N  A S S E M B L Y
 
                             January 25, 2018
                                ___________
 
 Introduced  by  M.  of  A. D. ROSENTHAL -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law and the public health law, in relation
   to requiring staff members of state offices with ten or  more  members
   to be trained in the administration of opioid antagonists
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section 171 to
 read as follows:
   § 171. OPIOID ANTAGONIST TRAINING AND USE. 1. DEFINITIONS. AS USED  IN
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "OPIOID"  MEANS  AN  OPIATE  AS DEFINED IN   SECTION THIRTY-THREE
 HUNDRED TWO OF THE PUBLIC HEALTH LAW.
   (B) "OPIOID ANTAGONIST" MEANS A FEDERAL FOOD AND DRUG  ADMINISTRATION-
 APPROVED  DRUG  THAT, WHEN ADMINISTERED, NEGATES OR NEUTRALIZES IN WHOLE
 OR IN PART THE PHARMACOLOGICAL EFFECTS OF AN OPIOID  IN  THE  BODY.  THE
 OPIOID  ANTAGONIST  IS LIMITED TO NALOXONE OR OTHER MEDICATIONS APPROVED
 BY THE DEPARTMENT OF HEALTH FOR THIS PURPOSE.
   2. IN STATE OFFICES WITH TEN OR MORE  FULL  TIME  STAFF  PRESENT,  ONE
 STAFF  MEMBER  SHALL  BE REQUIRED TO BE TRAINED IN THE ADMINISTRATION OF
 OPIOID ANTAGONISTS.
   3. SUCH STAFF MEMBER SHALL:
   (A) COMPLETE AN  INITIAL  TRAINING  PROGRAM,  WHICH  MAY  INCLUDE  ANY
 DEPARTMENT  OF  HEALTH  APPROVED  OPIOID  OVERDOSE  PREVENTION  TRAINING
 PROGRAM;
   (B) COMPLETE A REFRESHER TRAINING PROGRAM AT LEAST EVERY TWO YEARS;
   (C) CONTACT THE EMERGENCY MEDICAL SYSTEM  DURING  ANY  RESPONSE  TO  A
 VICTIM  OF SUSPECTED DRUG OVERDOSE AND ADVISE IF AN OPIOID ANTAGONIST IS
 BEING USED;
   (D) COMPLY WITH PROTOCOLS FOR RESPONSE TO VICTIMS  OF  SUSPECTED  DRUG
 OVERDOSE; AND
   (E)  REPORT ALL RESPONSES TO VICTIMS OF SUSPECTED DRUG OVERDOSE TO THE
 DEPARTMENT OF HEALTH.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14272-01-8

 A. 9603                             2
 
   4. THE COSTS OF TRAINING AND PURCHASING OPIOID  ANTAGONISTS  SHALL  BE
 PAID  FOR OUT OF THE DEPARTMENT OF HEALTH'S GRANT ESTABLISHED BY CENTERS
 FOR DISEASE CONTROL AND PREVENTION.
   5.  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 PURSUANT TO SECTION THIRTY-THREE HUNDRED  NINE
 OF THE PUBLIC HEALTH LAW.
   §  2.  The public health law is amended by adding a new section 3000-e
 to read as follows:
   § 3000-E. OPIOID ANTAGONIST TRAINING AND USE. 1. DEFINITIONS. AS  USED
 IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "OPIOID"  MEANS  AN  OPIATE  AS  DEFINED  IN SECTION THIRTY-THREE
 HUNDRED TWO OF THIS CHAPTER.
   (B) "OPIOID ANTAGONIST" MEANS A FEDERAL FOOD AND DRUG  ADMINISTRATION-
 APPROVED  DRUG  THAT, WHEN ADMINISTERED, NEGATES OR NEUTRALIZES IN WHOLE
 OR IN PART THE PHARMACOLOGICAL EFFECTS OF AN OPIOID  IN  THE  BODY.  THE
 OPIOID  ANTAGONIST  IS LIMITED TO NALOXONE OR OTHER MEDICATIONS APPROVED
 BY THE DEPARTMENT OF HEALTH FOR THIS PURPOSE.
   2. IN STATE OFFICES WITH TEN OR MORE  FULL  TIME  STAFF  PRESENT,  ONE
 STAFF  MEMBER  SHALL  BE REQUIRED TO BE TRAINED IN THE ADMINISTRATION OF
 OPIOID ANTAGONISTS.
   3. SUCH STAFF MEMBER SHALL:
   (A) COMPLETE AN  INITIAL  TRAINING  PROGRAM,  WHICH  MAY  INCLUDE  ANY
 DEPARTMENT  OF  HEALTH  APPROVED  OPIOID  OVERDOSE  PREVENTION  TRAINING
 PROGRAM;
   (B) COMPLETE A REFRESHER TRAINING PROGRAM AT LEAST EVERY TWO YEARS;
   (C) CONTACT THE EMERGENCY MEDICAL SYSTEM  DURING  ANY  RESPONSE  TO  A
 VICTIM  OF SUSPECTED DRUG OVERDOSE AND ADVISE IF AN OPIOID ANTAGONIST IS
 BEING USED;
   (D) COMPLY WITH PROTOCOLS FOR RESPONSE TO VICTIMS  OF  SUSPECTED  DRUG
 OVERDOSE; AND
   (E)  REPORT ALL RESPONSES TO VICTIMS OF SUSPECTED DRUG OVERDOSE TO THE
 DEPARTMENT OF HEALTH.
   4. THE COSTS OF TRAINING AND PURCHASING OPIOID  ANTAGONISTS  SHALL  BE
 PAID  FOR OUT OF THE DEPARTMENT OF HEALTH'S GRANT ESTABLISHED BY CENTERS
 FOR DISEASE CONTROL AND PREVENTION.
   5. 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 PURSUANT TO SECTION THIRTY-THREE HUNDRED NINE
 OF THIS CHAPTER.
   § 3. This act shall take effect one year after it shall have become  a
 law.