Assembly Bill A8814A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8814--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 9, 2025
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee  on  Education  --  recommitted  to  the Committee on Education in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the education law, in relation to expanding opioid over-
   dose prevention measures in certain settings
 
   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
 libraries, boards of cooperative educational services, county vocational
 education  and extension boards, charter schools, and non-public elemen-
 tary and secondary schools in this state [may] SHALL provide  and  main-
 tain  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 commission-
 er,  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  library  premises or staff suspected of having
 opioid overdose whether or not there is a  previous  history  of  opioid
 abuse.
   2.  School  districts,  public libraries, boards of cooperative educa-
 tional services, county vocational education and extension boards, char-
 ter schools, and non-public elementary and  secondary  schools  in  this
 state [may] SHALL elect to participate as an opioid antagonist recipient
 and  any  person employed by any such entity that has elected to partic-
 ipate 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13224-02-6
              

 A. 8814--A                          2
 
 law.  Any  school  district, public library, board of cooperative educa-
 tional services, county vocational education and extension board,  char-
 ter  school,  and  non-public  elementary  and secondary school that has
 employees  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. (A) UPON THE REQUEST OF A SCHOOL DISTRICT, PUBLIC LIBRARY, BOARD OF
 COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION AND EXTEN-
 SION BOARD, CHARTER  SCHOOL,  OR  NON-PUBLIC  ELEMENTARY  AND  SECONDARY
 SCHOOL IN THIS STATE, THE DEPARTMENT OF HEALTH SHALL PROVIDE, AT NO COST
 TO  THE  RECIPIENT  AND  IN  ACCORDANCE  WITH  THE STANDARDS, POWERS AND
 AUTHORIZATIONS ESTABLISHED BY SECTION THREE THOUSAND THREE HUNDRED  NINE
 OF THE PUBLIC HEALTH LAW, OPIOID ANTAGONISTS IN AN AMOUNT SUFFICIENT FOR
 THE  SCHOOL  DISTRICT,  PUBLIC LIBRARY, BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES, COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION  BOARD,  CHARTER
 SCHOOL,  OR  NON-PUBLIC ELEMENTARY AND SECONDARY SCHOOL IN THIS STATE TO
 BE IN COMPLIANCE WITH THIS SECTION.
   (B) THE COMMISSIONER OF HEALTH SHALL ESTABLISH A PROCESS  BY  WHICH  A
 SCHOOL  DISTRICT,  PUBLIC  LIBRARY,  BOARD  OF  COOPERATIVE  EDUCATIONAL
 SERVICES, COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION  BOARD,  CHARTER
 SCHOOL,  OR NON-PUBLIC ELEMENTARY AND SECONDARY SCHOOL IN THIS STATE MAY
 REQUEST SUCH OPIOID ANTAGONISTS FROM THE DEPARTMENT OF HEALTH.
   (C) NOTHING IN THIS  SUBDIVISION  SHALL  BE  CONSTRUED  TO  LIMIT  THE
 AUTHORITY  OF  ANY  SUCH  ENTITY TO OTHERWISE ACQUIRE OPIOID ANTAGONISTS
 PURSUANT TO SECTION THREE THOUSAND THREE  HUNDRED  NINE  OF  THE  PUBLIC
 HEALTH LAW OR TO RECEIVE OPIOID ANTAGONISTS THROUGH ITS PARTICIPATION AS
 A REGISTERED OPIOID OVERDOSE PREVENTION PROGRAM.
   §  2.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.