S T A T E O F N E W Y O R K
________________________________________________________________________
576
2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to requiring certain
eligible persons or entities to acquire and possess opioid antagonists
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
3000-e to read as follows:
§ 3000-E. OPIOID ANTAGONIST. 1. DEFINITIONS. AS USED IN THIS SECTION:
(A) "ELIGIBLE PERSON OR ENTITY" MEANS (I) AN AMBULANCE SERVICE OR
ADVANCED LIFE SUPPORT FIRST RESPONSE SERVICE; A CERTIFIED FIRST RESPON-
DER, EMERGENCY MEDICAL TECHNICIAN, OR ADVANCED EMERGENCY MEDICAL TECHNI-
CIAN, WHO IS EMPLOYED BY OR AN ENROLLED MEMBER OF ANY SUCH SERVICE; (II)
A CHILDREN'S OVERNIGHT CAMP AS DEFINED IN SUBDIVISION ONE OF SECTION
THIRTEEN HUNDRED NINETY-TWO OF THIS CHAPTER, A SUMMER DAY CAMP AS
DEFINED IN SUBDIVISION TWO OF SECTION THIRTEEN HUNDRED NINETY-TWO OF
THIS CHAPTER, A TRAVELING SUMMER DAY CAMP AS DEFINED IN SUBDIVISION
THREE OF SECTION THIRTEEN HUNDRED NINETY-TWO OF THIS CHAPTER; OR A
PERSON EMPLOYED BY SUCH A CAMP; (III) A SCHOOL DISTRICT, BOARD OF COOP-
ERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION AND EXTENSION
BOARD, CHARTER SCHOOL, NON-PUBLIC ELEMENTARY AND SECONDARY SCHOOL,
COLLEGES, AND UNIVERSITIES IN THIS STATE; OR ANY PERSON EMPLOYED BY ANY
SUCH ENTITY, OR EMPLOYED BY A CONTRACTOR OF SUCH AN ENTITY WHILE
PERFORMING SERVICES FOR THE ENTITY; (IV) A GOVERNMENT OFFICE; AN EDUCA-
TIONAL INSTITUTION OR AFTER-SCHOOL PROGRAM; A COMMUNITY CENTER; A
PUBLICLY OR PRIVATELY OPERATED SHELTER; OR ANY PERSON EMPLOYED BY ANY
SUCH ENTITY, OR EMPLOYED BY A CONTRACTOR OF SUCH AN ENTITY WHILE
PERFORMING SERVICES FOR THE ENTITY; (V) A CORRECTIONAL FACILITY, A COUN-
TY JAIL, A POLICE STATION, OR A FIRE STATION; A PHARMACY, DOCTOR'S
OFFICE; OR ANY PERSON EMPLOYED BY ANY SUCH ENTITY, OR EMPLOYED BY A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00439-01-1
A. 576 2
CONTRACTOR OF SUCH AN ENTITY WHILE PERFORMING SERVICES FOR THE ENTITY;
AND (VI) ANY OTHER PERSON OR ENTITY DESIGNATED OR APPROVED, OR IN A
CATEGORY DESIGNATED OR APPROVED PURSUANT TO REGULATIONS OF THE COMMIS-
SIONER IN CONSULTATION WITH OTHER APPROPRIATE AGENCIES.
(B) "OPIOID ANTAGONIST" MEANS A DRUG APPROVED BY THE FOOD AND DRUG
ADMINISTRATION THAT, WHEN ADMINISTERED, NEGATES OR NEUTRALIZES IN WHOLE
OR IN PART THE PHARMACOLOGICAL EFFECTS OF AN OPIOID IN THE BODY. "OPIOID
ANTAGONIST" SHALL BE LIMITED TO NALOXONE AND OTHER MEDICATIONS APPROVED
BY THE DEPARTMENT FOR SUCH PURPOSE.
(C) "HEALTH CARE PRACTITIONER" MEANS A HEALTH CARE PRACTITIONER
LICENSED, CERTIFIED, OR AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF THE
EDUCATION LAW WHO IS AUTHORIZED THEREBY TO ADMINISTER DRUGS, AND WHO IS
ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE.
2. POSSESSION AND USE. (A) ANY ELIGIBLE PERSON OR ENTITY SHALL ACQUIRE
AND POSSESS AND MAY USE AN OPIOID ANTAGONIST FOR EMERGENCY TREATMENT OF
A PERSON APPEARING TO EXPERIENCE AN OPIOID-RELATED OVERDOSE.
(B) AN ELIGIBLE PERSON OR ENTITY SHALL POSSESS AT LEAST TWO PROVISIONS
OF AN OPIOID ANTAGONIST AT ALL TIMES.
(C) AN ELIGIBLE PERSON OR ENTITY SHALL DESIGNATE ONE OR MORE INDIVID-
UALS WHO HAVE COMPLETED THE TRAINING REQUIRED BY PARAGRAPH (D) OF THIS
SUBDIVISION TO BE RESPONSIBLE FOR THE STORAGE, MAINTENANCE, CONTROL, AND
GENERAL OVERSIGHT OF THE OPIOID ANTAGONIST ACQUIRED BY THE ELIGIBLE
PERSON OR ENTITY.
(D) NO ONE MAY USE AN OPIOID ANTAGONIST ON BEHALF OF AN ELIGIBLE
PERSON OR ENTITY UNLESS HE OR SHE HAS SUCCESSFULLY COMPLETED A TRAINING
COURSE IN THE USE OF OPIOID ANTAGONISTS APPROVED BY THE COMMISSIONER, OR
IS DIRECTED IN A SPECIFIC INSTANCE TO USE AN OPIOID ANTAGONIST BY A
HEALTH CARE PRACTITIONER.
(E) THIS SECTION DOES NOT PROHIBIT THE USE OF AN OPIOID ANTAGONIST (I)
BY A HEALTH CARE PRACTITIONER OR (II) BY A PERSON ACTING PURSUANT TO A
LAWFUL PATIENT-SPECIFIC PRESCRIPTION.
(F) EVERY ELIGIBLE PERSON AND ENTITY AUTHORIZED TO POSSESS AND USE AN
OPIOID ANTAGONIST PURSUANT TO THIS SECTION SHALL USE, MAINTAIN AND
DISPOSE OF SUCH ANTAGONIST PURSUANT TO REGULATIONS OF THE DEPARTMENT.
(G) NOTHING IN THIS SECTION SHALL REQUIRE ANY ELIGIBLE PERSON OR ENTI-
TY TO ADMINISTER AN OPIOID ANTAGONIST.
3. PRESCRIPTIONS. (A) A HEALTH CARE PRACTITIONER WHO IS AUTHORIZED TO
PRESCRIBE DRUGS MAY PRESCRIBE, DISPENSE OR PROVIDE AN OPIOID ANTAGONIST
TO OR FOR AN ELIGIBLE PERSON OR ENTITY BY A NON-PATIENT-SPECIFIC
PRESCRIPTION.
(B) A PHARMACIST MAY DISPENSE AN OPIOID ANTAGONIST PURSUANT TO A NON-
PATIENT-SPECIFIC PRESCRIPTION UNDER THIS SUBDIVISION.
(C) THIS SUBDIVISION DOES NOT LIMIT ANY OTHER AUTHORITY A HEALTH CARE
PRACTITIONER OR PHARMACIST HAS TO PRESCRIBE, DISPENSE, PROVIDE OR ADMIN-
ISTER AN OPIOID ANTAGONIST.
4. APPLICATION OF OTHER LAWS. (A) USE OF AN OPIOID ANTAGONIST PURSUANT
TO THIS SECTION SHALL BE CONSIDERED FIRST AID OR EMERGENCY TREATMENT FOR
THE PURPOSE OF ANY STATUTE RELATING TO LIABILITY.
(B) PURCHASE, ACQUISITION, POSSESSION OR USE OF AN OPIOID ANTAGONIST
PURSUANT TO THIS SECTION SHALL NOT CONSTITUTE THE UNLAWFUL PRACTICE OF A
PROFESSION OR OTHER VIOLATION UNDER TITLE EIGHT OF THE EDUCATION LAW OR
ARTICLE THIRTY-THREE OF THIS CHAPTER.
(C) ANY PERSON OTHERWISE AUTHORIZED TO SELL OR PROVIDE AN OPIOID
ANTAGONIST MAY SELL OR PROVIDE IT TO A PERSON OR ENTITY AUTHORIZED TO
POSSESS IT PURSUANT TO THIS SECTION.
A. 576 3
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.