Senate Bill S10277

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10277
 
                             I N  S E N A T E
 
                               May 11, 2026
                                ___________
 
 Introduced  by  Sen.  WEBB  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 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
 OPIOID ANTAGONIST ADMINISTRATION TRAINING AND MAY AUTHORIZE STUDENTS WHO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14169-04-6
 S. 10277                            2
 
 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
 AUTHORIZED AND TRAINED PURSUANT TO APPLICABLE PROVISIONS OF THIS CHAPTER
 AND THE PUBLIC HEALTH LAW.
 S. 10277                            3
 
   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.