S T A T E O F N E W Y O R K
________________________________________________________________________
4640--A
2025-2026 Regular Sessions
I N S E N A T E
February 10, 2025
___________
Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Alcoholism and Substance
Use Disorders -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to onsite overdose
response services and requiring certain locations and venues to main-
tain a supply of opioid antagonists
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1, 3, 4 and 8 of section 3309 of the public
health law, subdivisions 1 and 3 as amended by chapter 42 of the laws of
2014, subparagraph (iv) of paragraph (a) of subdivision 3 and subdivi-
sion 4 as amended and subparagraph (v) of paragraph (a) of subdivision 3
as added by chapter 148 of the laws of 2020, subparagraph (vi) of para-
graph (a) of subdivision 3 and subdivision 8 as added by chapter 83 of
the laws of 2023, and subparagraph (v) of paragraph (b) of subdivision 3
as added by chapter 65 of the laws of 2016, are amended to read as
follows:
1. The commissioner is authorized to establish standards for approval
of any opioid overdose prevention program, ONSITE OVERDOSE RESPONSE
SERVICES, and opioid antagonist prescribing, dispensing, distribution,
possession and administration pursuant to this section which may
include, but not be limited to, standards for program directors, appro-
priate clinical oversight, training, record keeping and reporting.
3. (a) As used in this section:
(i) "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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08571-02-5
S. 4640--A 2
(ii) "Health care professional" means a person licensed, registered or
authorized pursuant to title eight of the education law to prescribe
prescription drugs.
(iii) "Pharmacist" means a person licensed or authorized to practice
pharmacy pursuant to article one hundred thirty-seven of the education
law.
(iv) "Opioid antagonist recipient" [or "recipient"] means a person at
risk of experiencing an opioid-related overdose, or a family member,
friend or other person in a position to assist a person experiencing or
at risk of experiencing an opioid-related overdose, or an organization
registered as an opioid overdose prevention program pursuant to this
section or any person or entity or any person employed by the person or
entity.
(v) As used in this section, "entity" includes, but is not limited to,
A HEALTH CARE INSTITUTION, A NOT-FOR-PROFIT CHARITABLE ORGANIZATION, a
school district, public library, board of cooperative educational
services, county vocational education and extension board, charter
school, non-public elementary or secondary school, restaurant, bar,
retail store, shopping mall, barber shop, beauty parlor, theater, sport-
ing or event center, inn, hotel [or], motel OR PUBLIC INSTITUTIONS OR
BUILDINGS.
(vi) "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.
(VII) "ONSITE OVERDOSE RESPONSE SERVICES" MEANS THE PROVISION OF
TRAINED STAFF WHO MONITOR FOR SIGNS OF OVERDOSE AND RESPOND TO SUSPECTED
DRUG OVERDOSES TO PREVENT DEATH AND OTHER NEGATIVE HEALTH CONSEQUENCES
ASSOCIATED WITH DRUG USE, INCLUDING BY ADMINISTERING OPIOID ANTAGONISTS
WHEN APPROPRIATE.
(b)(i) A health care professional may prescribe by a patient-specific
or non-patient-specific prescription, dispense or distribute, directly
or indirectly, an opioid antagonist to an opioid antagonist recipient.
(ii) A pharmacist may dispense an opioid antagonist, through a
patient-specific or non-patient-specific prescription pursuant to this
paragraph, to an opioid antagonist recipient.
(iii) An opioid antagonist recipient may possess an opioid antagonist
obtained pursuant to this paragraph, may distribute such opioid antag-
onist to [a] ANOTHER OPIOID ANTAGONIST recipient, and may administer
such opioid antagonist to a person the OPIOID ANTAGONIST recipient
reasonably believes is experiencing an opioid overdose.
(iv) The provisions of this paragraph shall not be deemed to require a
prescription for any opioid antagonist that does not otherwise require a
prescription; nor shall it be deemed to limit the authority of a health
care professional to prescribe, dispense or distribute, or of a pharma-
cist to dispense, an opioid antagonist under any other provision of law.
(v) Any pharmacy with twenty or more locations in the state, shall
either: (1) pursue or maintain a non-patient-specific prescription with
an authorized health care professional to dispense an opioid antagonist
to a consumer upon request, as authorized by this section; or (2) regis-
ter with the department as an opioid overdose prevention program.
4. (a) Use of an opioid antagonist pursuant to this section shall be
considered first aid or emergency treatment for the purpose of any stat-
ute relating to liability.
S. 4640--A 3
(b) [A] AN OPIOID ANTAGONIST recipient, RECIPIENT OF ONSITE OVERDOSE
RESPONSE SERVICES, ENTITY PROVIDING ONSITE OVERDOSE RESPONSE SERVICES,
opioid overdose prevention program, person or entity, or any person
employed by the person or entity, acting reasonably and in good faith in
compliance with this section, shall not be subject to criminal, civil or
administrative liability solely by reason of such action.
8. The commissioner shall establish guidelines for onsite [opioid]
overdose response [capacity] SERVICES, INCLUDING in nightlife establish-
ments, SPORTING OR EVENT CENTERS, THEATERS, CONCERT VENUES, AND AMUSE-
MENT PARKS. SUCH GUIDELINES SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) MAINTAINING A SUPPLY OF UNEXPIRED OPIOID ANTAGONIST NASAL SPRAY;
AND
(B) HAVING EMPLOYED AND AT SUCH LOCATION WHENEVER IN OPERATION AT
LEAST TWO PERSONS TRAINED IN IDENTIFYING OPIOID OVERDOSES AND USING
OPIOID ANTAGONISTS.
§ 2. Subdivision 2 of section 3309-b of the public health law, as
amended by chapter 16 of the laws of 2024, is amended to read as
follows:
2. A health care professional, OPIOID OVERDOSE PREVENTION PROGRAM,
PROVIDER OF ONSITE OVERDOSE RESPONSE SERVICES, or pharmacist is author-
ized to dispense drug adulterant testing supplies to any person.
§ 3. Section 3000-a of the public health law, as amended by chapter 69
of the laws of 1994, and subdivision 2 as amended by chapter 373 of the
laws of 2016, is amended to read as follows:
§ 3000-a. Emergency medical treatment. 1. Except as provided in subdi-
vision six of section six thousand six hundred eleven, subdivision two
of section six thousand five hundred twenty-seven, subdivision one of
section six thousand nine hundred nine and sections six thousand five
hundred forty-seven and six thousand seven hundred thirty-seven of the
education law, any person who voluntarily and without expectation of
monetary compensation renders first aid or emergency treatment, INCLUD-
ING BUT NOT LIMITED TO THE USE OF RESUSCITATION EQUIPMENT THAT FACILI-
TATES FIRST AID, AN AUTOMATED EXTERNAL DEFIBRILLATOR, AN EPINEPHRINE
AUTO-INJECTOR DEVICE, OR AN OPIOID ANTAGONIST, at the scene of an acci-
dent or other emergency outside a hospital, doctor's office or any other
place having proper and necessary medical equipment, to a person who is
unconscious, ill, or injured, shall not be liable for damages for inju-
ries alleged to have been sustained by such person or for damages for
the death of such person alleged to have occurred by reason of an act or
omission in the rendering of such emergency treatment unless it is
established that such injuries were or such death was caused by gross
negligence on the part of such person. Nothing in this section shall be
deemed or construed to relieve a licensed physician, dentist, nurse,
physical therapist or registered physician's assistant from liability
for damages for injuries or death caused by an act or omission on the
part of such person while rendering professional services in the normal
and ordinary course of [his or her] SUCH PERSON'S practice.
2. (i) Any person or entity that purchases, operates, facilitates
implementation or makes available resuscitation equipment that facili-
tates first aid, an automated external defibrillator, AN OPIOID ANTAG-
ONIST, PURSUANT TO SECTION THIRTY-THREE HUNDRED NINE OF THIS CHAPTER, or
an epinephrine auto-injector device as required by or pursuant to law or
local law, or that conducts training under section three thousand-c of
this article, or (ii) an emergency health care provider under a collabo-
rative agreement pursuant to section three thousand-b of this article
with respect to an automated external defibrillator, [or] (iii) a health
S. 4640--A 4
care practitioner that prescribes, dispenses or provides an epinephrine
auto-injector device under section three thousand-c of this article, OR
(IV) A HEALTH CARE PRACTITIONER THAT PRESCRIBES, DISPENSES OR PROVIDES
AN OPIOID ANTAGONIST shall not be liable for damages arising either from
the use of that equipment by a person who voluntarily and without expec-
tation of monetary compensation renders first aid or emergency treatment
at the scene of an accident or medical emergency, or from the use of
defectively manufactured equipment; provided that this subdivision shall
not limit the person's or entity's, the emergency health care provid-
er's, or other health care practitioner's liability for [his, her or
its] SUCH PERSON OR ENTITY'S own negligence, gross negligence or inten-
tional misconduct.
§ 4. This act shall take effect immediately.
