S T A T E O F N E W Y O R K
________________________________________________________________________
1199
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
___________
Introduced by M. of A. CROUCH, BRABENEC, PALUMBO -- read once and
referred to the Committee on Governmental Operations
AN ACT to amend the executive law, the county law, the general municipal
law and the public health law, in relation to requiring members of the
state police, county, city, village, town and district police depart-
ments, sheriff's departments, fire departments and emergency medical
service providers to be trained in the administration of opioid antag-
onists
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 221-e
to read as follows:
§ 221-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 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. ALL MEMBERS OF THE STATE POLICE SHALL BE REQUIRED TO BE TRAINED IN
THE ADMINISTRATION OF OPIOID ANTAGONISTS AND SHALL CARRY OPIOID ANTAG-
ONISTS IN THEIR VEHICLES WHEN ON DUTY.
3. ALL MEMBERS OF THE STATE POLICE SHALL:
(A) COMPLETE AN INITIAL TRAINING PROGRAM, WHICH MAY INCLUDE A DEPART-
MENT OF HEALTH REGISTERED 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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02764-01-9
A. 1199 2
(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 CORRECTIONS AND COMMUNITY SUPERVISION
ASSET FORFEITURE ACCOUNT ESTABLISHED UNDER SECTION NINETY-SEVEN-OOO OF
THE STATE FINANCE LAW.
§ 2. The county law is amended by adding a new section 663 to read as
follows:
§ 663. 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. ALL SHERIFFS, UNDERSHERIFFS, AND DEPUTY SHERIFFS SHALL BE REQUIRED
TO BE TRAINED IN THE ADMINISTRATION OF OPIOID ANTAGONISTS AND SHALL
CARRY OPIOID ANTAGONISTS IN THEIR VEHICLES WHEN ON DUTY.
3. ALL SHERIFFS, UNDERSHERIFFS AND DEPUTY SHERIFFS SHALL:
(A) COMPLETE AN INITIAL TRAINING PROGRAM, WHICH MAY INCLUDE A DEPART-
MENT OF HEALTH REGISTERED 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 CORRECTIONS AND COMMUNITY SUPERVISION
ASSET FORFEITURE ACCOUNT ESTABLISHED UNDER SECTION NINETY-SEVEN-OOO OF
THE STATE FINANCE LAW.
§ 3. The general municipal law is amended by adding a new section
209-gg to read as follows:
§ 209-GG. 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. ALL MEMBERS OF A POLICE OR FIRE DEPARTMENT ORGANIZED AT THE COUNTY,
CITY, VILLAGE, TOWN, OR DISTRICT LEVEL SHALL BE REQUIRED TO BE TRAINED
IN THE ADMINISTRATION OF OPIOID ANTAGONISTS AND SHALL CARRY OPIOID
ANTAGONISTS IN THEIR VEHICLES WHEN ON DUTY.
3. ALL MEMBERS OF A POLICE OR FIRE DEPARTMENT ORGANIZED AT THE COUNTY,
CITY, VILLAGE, TOWN OR DISTRICT LEVEL SHALL:
(A) COMPLETE AN INITIAL TRAINING PROGRAM, WHICH MAY INCLUDE A DEPART-
MENT OF HEALTH REGISTERED OPIOID OVERDOSE PREVENTION TRAINING PROGRAM;
A. 1199 3
(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 CORRECTIONS AND COMMUNITY SUPERVISION
ASSET FORFEITURE ACCOUNT ESTABLISHED UNDER SECTION NINETY-SEVEN-OOO OF
THE STATE FINANCE LAW.
§ 4. 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 FOR THIS PURPOSE.
2. ANYONE WHO PROVIDES EMERGENCY MEDICAL SERVICES SHALL BE REQUIRED TO
BE TRAINED IN THE ADMINISTRATION OF OPIOID ANTAGONISTS AND SHALL CARRY
OPIOID ANTAGONISTS IN THEIR VEHICLE WHEN ON DUTY.
3. ANYONE WHO PROVIDES EMERGENCY MEDICAL SERVICES SHALL:
(A) COMPLETE AN INITIAL TRAINING PROGRAM, WHICH MAY INCLUDE A DEPART-
MENT REGISTERED 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.
4. THE COSTS OF TRAINING AND PURCHASING OPIOID ANTAGONISTS SHALL BE
PAID FOR OUT OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
ASSET FORFEITURE ACCOUNT ESTABLISHED UNDER SECTION NINETY-SEVEN-OOO OF
THE STATE FINANCE LAW.
§ 5. This act shall take effect one year after it shall have become a
law.