S T A T E O F N E W Y O R K
________________________________________________________________________
6438
2019-2020 Regular Sessions
I N A S S E M B L Y
March 7, 2019
___________
Introduced by M. of A. O'DONNELL -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to requiring public
school districts to carry opioid antagonists and to require training
for staff 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. Section 922 of the education law, as amended by chapter 68
of the laws of 2016, is amended to read as follows:
§ 922. Opioid overdose prevention. 1. [School districts, public]
PUBLIC libraries, boards of cooperative educational services, county
vocational education and extension boards, charter schools, and non-
public elementary and secondary schools in this state may provide and
maintain on-site in each instructional school facility or library,
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 emergen-
cies to any student, individual on library premises or staff suspected
of having opioid overdose whether or not there is a previous history of
opioid abuse.
2. [School districts, public] PUBLIC libraries, boards of cooperative
educational services, county vocational education and extension boards,
charter schools, and non-public elementary and secondary schools in this
state may elect to participate as an opioid antagonist recipient and any
person employed by any such entity that has elected to participate may
administer an opioid antagonist in the event of an emergency, provided
that such person shall have been trained by a program approved under
section three thousand three hundred nine of the public health law. Any
[school district,] public library, board of cooperative educational
services, county vocational education and extension board, charter
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10031-01-9
A. 6438 2
school, and non-public elementary and secondary school that has employ-
ees trained in accordance with this section shall comply with the
requirements of section three thousand three hundred nine of the public
health law including, but not limited to, appropriate clinical over-
sight, record keeping and reporting. No person shall be required to
participate in the program and any participation by an individual shall
be voluntary.
3. PUBLIC SCHOOL DISTRICTS SHALL PROVIDE AND MAINTAIN ON-SITE IN EACH
INSTRUCTIONAL SCHOOL FACILITY OPIOID ANTAGONISTS, AS DEFINED IN SECTION
THREE THOUSAND THREE HUNDRED NINE OF THE PUBLIC HEALTH LAW, IN QUANTI-
TIES 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, INDIVIDUAL ON SCHOOL
PREMISES OR STAFF SUSPECTED OF HAVING OPIOID OVERDOSE WHETHER OR NOT
THERE IS A PREVIOUS HISTORY OF OPIOID ABUSE. PUBLIC SCHOOL DISTRICTS
SHALL REQUIRE AT LEAST ONE PERSON EMPLOYED BY SUCH DISTRICT BE TRAINED
IN THE ADMINISTRATION OF OPIOID ANTAGONISTS BY A PROGRAM APPROVED UNDER
SECTION THREE THOUSAND THREE HUNDRED NINE OF THE PUBLIC HEALTH LAW. ANY
NURSE EMPLOYED BY A SCHOOL DISTRICT SHALL BE TRAINED IN THE ADMINIS-
TRATION OF OPIOID ANTAGONISTS BY A PROGRAM APPROVED UNDER SECTION THREE
THOUSAND THREE HUNDRED NINE OF THE PUBLIC HEALTH LAW.
4. ANY PERSON SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION RELATED TO,
OR ANY HARM RESULTING FROM, ADMINISTRATION OF AN OPIOID ANTAGONIST
PURSUANT TO THIS SECTION, PROVIDED THAT SUCH PERSON ACTED REASONABLY AND
IN GOOD FAITH.
§ 2. This act shall take effect immediately.