The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9697--A
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced  by M. of A. GRIFFIN -- read once and referred to the Commit-
   tee on Health -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the public health law, in relation to  establishing  the
   nightlife opioid antagonist program
 
   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
 3309-b to read as follows:
   § 3309-B. NIGHTLIFE OPIOID ANTAGONIST PROGRAM. 1. DEFINITIONS. AS USED
 IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A.  "NIGHTLIFE  ESTABLISHMENT"  MEANS AN ESTABLISHMENT THAT IS OPEN TO
 THE PUBLIC FOR ENTERTAINMENT OR LEISURE, SERVES ALCOHOL OR WHERE ALCOHOL
 IS CONSUMED ON THE PREMISES, AND CONDUCTS A LARGE VOLUME OF BUSINESS  AT
 NIGHT.  SUCH  TERM  INCLUDES, BUT IS NOT LIMITED TO, BARS, ENTERTAINMENT
 VENUES, CLUBS AND RESTAURANTS.
   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.
   2.  PROGRAM.  THE  COMMISSIONER  SHALL  ESTABLISH  A PROGRAM WHEREBY A
 NIGHTLIFE ESTABLISHMENT MAY APPLY TO RECEIVE AN OPIOID ANTAGONIST,  FREE
 OF  CHARGE, TO BE ADMINISTERED TO PATRONS, STAFF OR INDIVIDUALS ON PREM-
 ISES OF SUCH ESTABLISHMENT. SUCH PROGRAM SHALL BE OPERATED IN COMPLIANCE
 WITH EXISTING LAWS, RULES AND REGULATIONS RELATING TO  THE  DISTRIBUTION
 OF  AN  OPIOID ANTAGONIST. THE DEPARTMENT SHALL PUBLISH ON ITS WEBSITE A
 LIST OF EACH PARTICIPATING ESTABLISHMENT.
   3. ELIGIBILITY. A. TO  BE  ELIGIBLE  TO  PARTICIPATE  IN  THE  PROGRAM
 CREATED BY THIS SECTION, A NIGHTLIFE ESTABLISHMENT SHALL AGREE TO COMPLY
 WITH THE REQUIREMENTS OF THIS SECTION AND ANY RULE OR REGULATION PROMUL-
 GATED PURSUANT TO THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15059-03-2
 A. 9697--A                          2

 
   B.  A  NIGHTLIFE  ESTABLISHMENT APPLYING TO PARTICIPATE IN THE PROGRAM
 SHALL SUBMIT AN APPLICATION BY MAIL OR ONLINE THROUGH  THE  DEPARTMENT'S
 WEBSITE ON A FORM PROMULGATED BY THE COMMISSIONER.
   4.  APPROVAL.  EXCEPT  AS  OTHERWISE PROVIDED BY LAW, THE COMMISSIONER
 SHALL APPROVE AN APPLICATION SUBMITTED PURSUANT TO SUBDIVISION THREE  OF
 THIS  SECTION  IF  THE  APPLICATION SATISFIES ALL OF THE REQUIREMENTS OF
 THIS SECTION. IF AN APPLICATION DOES NOT  SATISFY  THE  REQUIREMENTS  OF
 THIS SECTION, THE COMMISSIONER SHALL NOTIFY THE APPLICANT IN WRITING THE
 DEFICIENCIES IN THE APPLICATION WITHOUT PREJUDICE TO REAPPLY.
   5.  FEES.  THE  COMMISSIONER SHALL NOT CHARGE A FEE TO A PARTICIPATING
 ESTABLISHMENT FOR RECEIPT OF AN OPIOID ANTAGONIST  OR  PARTICIPATION  IN
 THE PROGRAM.
   6. TERMS AND CONDITIONS OF PARTICIPATION. A. EACH PARTICIPATING ESTAB-
 LISHMENT IS PERMITTED TO REQUEST TO RECEIVE A MAXIMUM OF TEN DOSES OF AN
 OPIOID  ANTAGONIST  AT  ONE  TIME.  AFTER  A REPORT HAS BEEN MADE TO THE
 DEPARTMENT PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION, SUCH  ESTABLISH-
 MENT MAY APPLY TO RECEIVE ADDITIONAL DOSES OF AN OPIOID ANTAGONIST UP TO
 THE MAXIMUM OF TEN SUCH DOSES PER ESTABLISHMENT.
   B.  A  PARTICIPATING ESTABLISHMENT SHALL REPORT TO THE DEPARTMENT EACH
 TIME:
   (I) A DOSE OF AN OPIOID ANTAGONIST RECEIVED PURSUANT TO THE PROGRAM IS
 USED ON A PERSON EXPERIENCING AN EMERGENCY; OR
   (II) A DOSE OF AN OPIOID ANTAGONIST RECEIVED PURSUANT TO  THE  PROGRAM
 HAS  BEEN ACCIDENTALLY OR INAPPROPRIATELY DISCHARGED OR MAY OTHERWISE NO
 LONGER BE ADMINISTERED EFFECTIVELY.
   (III) A MAJORITY  OF  THE  DOSES  ISSUED  TO  THE  ESTABLISHMENT  HAVE
 EXPIRED.
   C. AN OPIOID ANTAGONIST RECEIVED PURSUANT TO THE PROGRAM SHALL ONLY BE
 USED BY A PARTICIPATING ESTABLISHMENT AT THE LOCATION OF SUCH ESTABLISH-
 MENT IN THE STATE.
   D.  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS THAT SHALL
 GOVERN THE USE OF OPIOID ANTAGONISTS  BY  PARTICIPATING  ESTABLISHMENTS.
 SUCH  RULES  AND REGULATIONS SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO,
 BEST PRACTICES, STANDARDS AND POLICIES THAT PARTICIPATING ESTABLISHMENTS
 SHALL MEET IN CONNECTION WITH:
   (I) THE CONDUCT OF PARTICIPATING ESTABLISHMENTS;
   (II) THE ADMINISTRATION OF AN OPIOID ANTAGONIST;
   (III) ADVERTISEMENT OF THE PROGRAM, INCLUDING THE  DANGERS  OF  OPIOID
 USE AND THE EFFECTS OF THE ADMINISTRATION OF AN OPIOID ANTAGONIST;
   (IV)  THE PRIVACY OF INFORMATION FOR PARTICIPATING ESTABLISHMENT STAFF
 AND INDIVIDUALS WHO RECEIVE A DOSE OF AN OPIOID ANTAGONIST;
   (V)  COMMUNICATION  BETWEEN  PARTICIPATING  ESTABLISHMENTS  AND  THEIR
 PATRONS REGARDING THE PROGRAM;
   (VI) COMMUNICATION BETWEEN THE DEPARTMENT AND PARTICIPATING ESTABLISH-
 MENTS; AND
   (VII) ANY OTHER BEST PRACTICES, STANDARDS OR POLICIES THAT THE COMMIS-
 SIONER DETERMINES WOULD FURTHER THE PURPOSES OF THIS SECTION.
   E.  A  PARTICIPATING  ESTABLISHMENT  SHALL  COMPLY WITH ALL APPLICABLE
 FEDERAL, STATE AND LOCAL LAWS,  RULES  AND  REGULATIONS,  INCLUDING  THE
 REQUIREMENTS  OF  THIS SECTION AND THE RULES AND REGULATIONS PROMULGATED
 THEREUNDER, AND SHALL KEEP RECORDS OF OPIOID  ANTAGONIST  ADMINISTRATION
 ON  SITE  AND AVAILABLE FOR INSPECTION UPON REQUEST OF AN EMPLOYEE OR AN
 AGENT OF THE DEPARTMENT.
   7. SUPERVISION OF PROGRAM.  A.  WHERE  A  PARTICIPATING  ESTABLISHMENT
 VIOLATES  ANY  FEDERAL,  STATE  OR  LOCAL LAW, RULE OR REGULATION OR THE
 REQUIREMENTS OF THIS SECTION, THE COMMISSIONER MAY SUSPEND  SUCH  ESTAB-
 A. 9697--A                          3
 
 LISHMENT'S PARTICIPATION IN THE PROGRAM, UPON DUE NOTICE AND OPPORTUNITY
 TO BE HEARD.
   B. THE COMMISSIONER MAY IMMEDIATELY SUSPEND A PARTICIPATING ESTABLISH-
 MENT'S  PARTICIPATION  IN  THE PROGRAM WITHOUT A PRIOR HEARING WHERE THE
 COMMISSIONER DETERMINES  THAT  SUCH  ESTABLISHMENT'S  CONTINUED  PARTIC-
 IPATION  POSES  A  SERIOUS  DANGER  TO PUBLIC HEALTH, SAFETY OR WELFARE,
 PROVIDED THAT AFTER SUCH SUSPENSION AN OPPORTUNITY FOR HEARING SHALL  BE
 PROVIDED ON AN EXPEDITED BASIS.
   C. SUSPENSION FROM THE PROGRAM UNDER THIS SECTION SHALL BE IN ADDITION
 TO  ANY  OTHER  PENALTIES  PROVIDED  BY  APPLICABLE LAWS, RULES OR REGU-
 LATIONS.
   D. A PARTICIPATING ESTABLISHMENT MAY PARTICIPATE IN THE PROGRAM  AFTER
 A  SUSPENSION  HAS  BEEN IMPOSED PURSUANT TO THIS SECTION IF SUCH ESTAB-
 LISHMENT HAS:
   (I) CURED ALL VIOLATIONS;
   (II) DEMONSTRATED FULL COMPLIANCE WITH ALL APPLICABLE  FEDERAL,  STATE
 AND LOCAL LAWS, RULES AND REGULATIONS; AND
   (III) APPLIED FOR REINSTATEMENT AND SUCH REINSTATEMENT HAS BEEN GRANT-
 ED BY THE COMMISSIONER.
   E.  WHERE  A  PARTICIPATING ESTABLISHMENT HAS HAD ITS PARTICIPATION IN
 THE PROGRAM SUSPENDED TWO TIMES OR MORE, AND  THE  PARTICIPATING  ESTAB-
 LISHMENT SUBSEQUENTLY VIOLATES ANY APPLICABLE LAW, RULE OR REGULATION OR
 THE  REQUIREMENTS  OF  THIS  SECTION,  THE  COMMISSIONER MAY SUSPEND ITS
 PARTICIPATION IN THE PROGRAM INDEFINITELY.
   8. TRAINING. THE DEPARTMENT SHALL  OFFER  TO  STAFF  OF  PARTICIPATING
 ESTABLISHMENTS  RESOURCES AND TRAINING ON OVERDOSE PREVENTION AND ADMIN-
 ISTRATION OF AN OPIOID ANTAGONIST.
   9. DISCLAIMER OF LIABILITY. THE STATE SHALL NOT BE LIABLE FOR ANY  USE
 OR  ADMINISTRATION OF AN OPIOID ANTAGONIST BY A PARTICIPATING ESTABLISH-
 MENT.  THE STATE DOES NOT WARRANTY THE COMPLETENESS,  ACCURACY,  CONTENT
 OR  FITNESS FOR ANY PARTICULAR PURPOSE OF ANY INFORMATION MADE AVAILABLE
 BY A PARTICIPATING ESTABLISHMENT REGARDING THE PROGRAM, NOR ARE ANY SUCH
 WARRANTIES TO BE IMPLIED OR INFERRED WITH  RESPECT  TO  THE  INFORMATION
 FURNISHED THEREIN. THE STATE SHALL NOT BE LIABLE FOR ANY DEFICIENCIES IN
 THE  COMPLETENESS,  ACCURACY,  CONTENT  OR  FITNESS  FOR  ANY PARTICULAR
 PURPOSE OR USE OF INFORMATION PROVIDED  BY  ANY  THIRD  PARTY  AND  MADE
 AVAILABLE BY A PARTICIPATING ESTABLISHMENT REGARDING THE PROGRAM.
   10.  REPORT. NO LATER THAN MARCH FIRST, TWO THOUSAND TWENTY-THREE, AND
 ANNUALLY THEREAFTER, THE DEPARTMENT SHALL SUBMIT A REPORT TO THE  GOVER-
 NOR,  THE  TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE
 SENATE, THE SPEAKER OF THE ASSEMBLY, AND  THE  MINORITY  LEADER  OF  THE
 ASSEMBLY  ON  THE  ADMINISTRATION  OF OPIOID ANTAGONISTS PURSUANT TO THE
 PROGRAM. THE REPORT SHALL INCLUDE, BUT  NEED  NOT  BE  LIMITED  TO,  THE
 FOLLOWING INFORMATION FOR THE PREVIOUS CALENDAR YEAR:
   A.  THE  TOTAL  NUMBER  OF  DOSES  OF AN OPIOID ANTAGONIST PROVIDED TO
 PARTICIPATING ESTABLISHMENTS;
   B. THE TOTAL NUMBER OF DOSES OF AN OPIOID ANTAGONIST RECEIVED BY  EACH
 PARTICIPATING ESTABLISHMENT;
   C.  THE TOTAL NUMBER OF TIMES AN OPIOID ANTAGONIST WAS ADMINISTERED BY
 A PARTICIPATING ESTABLISHMENT, DISAGGREGATED BY ESTABLISHMENT; AND
   D. THE TOTAL NUMBER OF TIMES AN OPIOID ANTAGONIST WAS  INAPPROPRIATELY
 ADMINISTERED BY A PARTICIPATING ESTABLISHMENT, INCLUDING THE REASONS FOR
 SUCH IMPROPER ADMINISTRATION, DISAGGREGATED BY ESTABLISHMENT.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.