S T A T E O F N E W Y O R K
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10060--A
I N A S S E M B L Y
January 30, 2026
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Introduced by M. of A. KELLES -- read once and referred to the Committee
on Education -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the education law, in relation to health education in
schools relating to opioid overdose prevention and non-intravenous
opioid antagonist administration
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 3 and 4 of section 804 of the education law,
as amended by chapter 390 of the laws of 2016, are amended to read as
follows:
3. Instruction regarding alcohol, tobacco, and other drugs shall be
included in the health education provided for all elementary school
pupils and shall be taught by the regular classroom teachers or by
teachers certified to teach health education, AND BY MEDICAL DIRECTORS
AND THEIR DESIGNEES. Such instruction shall be designed according to
the needs and abilities of the pupils at successive grade levels with
the purpose of developing desirable health behavior, attitudes, and
knowledge as well as self-reliance and problem solving capacity.
4. Instruction regarding alcohol, tobacco, and other drugs, in addi-
tion to continued health guidance in the junior high school grades and
the senior high schools, shall be an integral part of a required health
education course at each of these levels in the secondary schools
curriculum. OPIOID OVERDOSE PREVENTION AND NON-INTRAVENOUS OPIOID
ANTAGONIST ADMINISTRATION MAY ADDITIONALLY BE AN INTEGRAL PART OF A
REQUIRED HEALTH EDUCATION COURSE AT THE SENIOR HIGH SCHOOL LEVEL.
Students shall be required to demonstrate knowledge in the subject area
through the use of a test, graded project or report, or any other means
prescribed by the school authorities regarding alcohol, drugs, and
tobacco. Any such course shall be taught by teachers holding a certif-
icate to teach health, AND BY MEDICAL DIRECTORS AND THEIR DESIGNEES.
HIGH SCHOOL STUDENTS SHALL BE REQUIRED TO DEMONSTRATE PROFICIENCY OF THE
USE OF OPIOID OVERDOSE ANTAGONISTS AS A LIFE-SAVING TREATMENT. SCHOOL
DISTRICTS MAY AUTHORIZE OPIOID OVERDOSE PREVENTION AND NON-INTRAVENOUS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14169-03-6
A. 10060--A 2
OPIOID ANTAGONIST ADMINISTRATION TRAINING AND MAY AUTHORIZE STUDENTS WHO
HAVE SUCCESSFULLY COMPLETED SUCH TRAINING TO POSSESS NON-INTRAVENOUS
OPIOID ANTAGONIST MEDICATION FOR USE AS PREVENTATIVE FIRST AID CARE.
Related courses in the secondary school curriculum shall be taught in a
manner supportive of health education regarding alcohol, tobacco, and
other drugs, AND MAY BE SUPPORTIVE OF HEALTH EDUCATION REGARDING OPIOID
OVERDOSE PREVENTION AND NON-INTRAVENOUS OPIOID ANTAGONIST
ADMINISTRATION. In addition, instruction regarding the dangers of driv-
ing while under the influence of alcohol or drugs shall be an integral
part of a required health education course in the senior high schools.
Such instruction shall be provided in all senior high schools whether or
not these schools also provide driver education courses. PARENTS OR
LEGAL GUARDIANS SHALL BE NOTIFIED THAT THEIR CHILD WILL PARTICIPATE IN
OPIOID OVERDOSE PREVENTION TRAINING AND NON-INTRAVENOUS OPIOID ANTAG-
ONIST ADMINISTRATION TRAINING AND MAY SUBMIT A WRITTEN REQUEST TO THE
SCHOOL OPTING THE STUDENT OUT OF SUCH TRAINING.
§ 2. The education law is amended by adding a new section 922-a to
read as follows:
§ 922-A. NON-INTRAVENOUS OPIOID ANTAGONISTS; CARRY, ADMINISTRATION AND
PROVISION. 1. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE TERM "NON-
INTRAVENOUS OPIOID ANTAGONIST" SHALL MEAN NALOXONE OR ANY OTHER MEDICA-
TION APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION THAT IS FORMU-
LATED FOR ADMINISTRATION BY A ROUTE OTHER THAN INTRAVENOUS INJECTION AND
THAT IS INDICATED FOR THE EMERGENCY TREATMENT OF KNOWN OR SUSPECTED
OPIOID OVERDOSE.
2. CARRY AND ADMINISTRATION BY STUDENTS. (A) ANY STUDENT MAY BE
PERMITTED TO CARRY AND ADMINISTER A NON-INTRAVENOUS OPIOID ANTAGONIST
DURING THE SCHOOL DAY, ON SCHOOL PROPERTY, ON A SCHOOL BUS, AND AT ANY
SCHOOL FUNCTION DEFINED IN SECTION ELEVEN OF THIS CHAPTER PROVIDED THAT:
(I) THE STUDENT HAS WRITTEN PERMISSION FROM THE STUDENT'S PARENT OR
PERSON IN PARENTAL RELATIONSHIP TO THE STUDENT TO CARRY AND ADMINISTER A
NON-INTRAVENOUS OPIOID ANTAGONIST; AND
(II) THE STUDENT HAS WRITTEN PERMISSION FROM A LICENSED PHYSICIAN,
NURSE PRACTITIONER OR PHYSICIAN ASSISTANT, OR OTHER LICENSED HEALTH CARE
PROVIDER AUTHORIZED TO PRESCRIBE SUCH MEDICATION TO CARRY AND ADMINISTER
A NON-INTRAVENOUS OPIOID ANTAGONIST. SUCH WRITTEN PERMISSION SHALL
INCLUDE A STATEMENT THAT THE STUDENT HAS BEEN INSTRUCTED IN THE PROPER
USE OF THE NON-INTRAVENOUS OPIOID ANTAGONIST AND IS CAPABLE OF CARRYING
AND ADMINISTERING SUCH MEDICATION.
(B) THE WRITTEN PERMISSIONS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVI-
SION SHALL BE PROVIDED TO THE SCHOOL NURSE OR, IN THE ABSENCE OF A
SCHOOL NURSE, TO THE SCHOOL ADMINISTRATOR DESIGNATED BY THE BOARD OF
EDUCATION, BOARD OF TRUSTEES, OR OTHER GOVERNING BODY.
3. PROVISION OF NON-INTRAVENOUS OPIOID ANTAGONISTS BY SCHOOLS. (A) A
SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, CHARTER
SCHOOL OR NON-PUBLIC SCHOOL MAY PROVIDE NON-INTRAVENOUS OPIOID ANTAG-
ONIST MEDICATION DIRECTLY TO STUDENTS FOR SUCH STUDENTS TO RETAIN ON
THEIR PERSON FOR EMERGENCY USE, CONSISTENT WITH THE WRITTEN PERMISSIONS
REQUIRED UNDER SUBDIVISION TWO OF THIS SECTION AND ANY GUIDANCE ISSUED
BY THE DEPARTMENT OR THE DEPARTMENT OF HEALTH.
(B) A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES,
CHARTER SCHOOL, OR NON-PUBLIC SCHOOL MAY ACQUIRE, STORE AND MAINTAIN A
SUPPLY OF NON-INTRAVENOUS OPIOID ANTAGONISTS ON SITE FOR EMERGENCY USE
AS PREVENTIVE FIRST AID CARE TO BE ADMINISTERED BY A SCHOOL NURSE, OTHER
DULY LICENSED HEALTH PROFESSIONAL, OR ANY SCHOOL EMPLOYEE OR STUDENT
A. 10060--A 3
AUTHORIZED AND TRAINED PURSUANT TO APPLICABLE PROVISIONS OF THIS CHAPTER
AND THE PUBLIC HEALTH LAW.
4. USE IN EMERGENCIES. (A) A STUDENT WHO IS AUTHORIZED PURSUANT TO
THIS SECTION MAY ADMINISTER A NON-INTRAVENOUS OPIOID ANTAGONIST TO
ANOTHER PERSON WHOM THE STUDENT IN GOOD FAITH BELIEVES IS EXPERIENCING
AN OPIOID OVERDOSE.
(B) ANY PERSON AUTHORIZED TO ADMINISTER A NON-INTRAVENOUS OPIOID
ANTAGONIST PURSUANT TO THIS SECTION SHALL, AS SOON AS PRACTICABLE,
CONTACT EMERGENCY MEDICAL SERVICES AND OTHERWISE ACT IN ACCORDANCE WITH
ANY APPLICABLE POLICIES OF THE SCHOOL DISTRICT OR OTHER GOVERNING BODY.
5. LIABILITY. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL
SERVICES, CHARTER SCHOOL, OR NON-PUBLIC SCHOOL, AND ANY EMPLOYEE OR
STUDENT ACTING IN ACCORDANCE WITH THIS SECTION AND ANY APPLICABLE GUID-
ANCE OR REGULATION, SHALL BE DEEMED TO BE ACTING WITHIN THE SCOPE OF
THEIR DUTIES AND SHALL BE AFFORDED THE SAME IMMUNITY FROM LIABILITY AS
SET FORTH IN APPLICABLE PROVISIONS OF THIS CHAPTER AND THE PUBLIC HEALTH
LAW FOR THE ADMINISTRATION OF EMERGENCY CARE, PROVIDED THAT SUCH ACTS
ARE NOT GROSSLY NEGLIGENT OR WILLFUL OR WANTON MISCONDUCT.
§ 3. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.