S T A T E O F N E W Y O R K
________________________________________________________________________
5779
2025-2026 Regular Sessions
I N S E N A T E
February 28, 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
AN ACT to amend the education law and the public health law, in relation
to requiring certain entities to stock opioid antagonists and to store
naloxone nasal sprays with or adjacent to automated external defibril-
lator cabinets
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. SUCH OPIOID ANTAGONISTS SHALL INCLUDE, BUT NOT BE LIMITED TO,
NALOXONE NASAL SPRAYS LOCATED WITH OR ADJACENT TO EVERY AUTOMATED
EXTERNAL DEFIBRILLATOR, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE
OF SECTION THREE THOUSAND-B OF THE PUBLIC HEALTH LAW, PROVIDED AND MAIN-
TAINED BY SUCH SCHOOL OR INSTITUTION.
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 elect to] SHALL 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09308-03-5
S. 5779 2
under section three thousand three hundred nine of the public health
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.
§ 2. Subparagraph (v) of paragraph (a) of subdivision 3 of section
3309 of the public health law, as added by chapter 148 of the laws of
2020, is amended to read as follows:
(v) As used in this section, "entity" includes, but is not limited to,
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 ACCESS DEFIBRIL-
LATION PROVIDER, AS DEFINED BY PARAGRAPH (C) OF SUBDIVISION ONE OF
SECTION THREE THOUSAND-B OF THIS CHAPTER.
§ 3. Subdivision 2 and paragraph (b) of subdivision 4 of section
3000-b of the public health law, subdivision 2 as amended by chapter 583
of the laws of 1999 and paragraph (b) of subdivision 4 as added by chap-
ter 552 of the laws of 1998, are amended and a new paragraph (e) of
subdivision 1 and a new subdivision 3-a are added to read as follows:
(E) "OPIOID ANTAGONIST" SHALL HAVE THE SAME MEANING AS SET FORTH IN
SUBPARAGRAPH (I) OF PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION THREE
THOUSAND THREE HUNDRED NINE OF THIS CHAPTER.
2. Collaborative agreement. (A) A person, firm, organization or other
entity may purchase, acquire, possess and operate an automated external
defibrillator pursuant to a collaborative agreement with an emergency
health care provider. The collaborative agreement shall include a writ-
ten agreement and written practice protocols, and policies and proce-
dures that shall assure compliance with this section. The public access
defibrillation provider shall file a copy of the collaborative agreement
with the department and with the appropriate regional council prior to
operating the automated external defibrillator.
(B) ANY PERSON, FIRM, ORGANIZATION OR OTHER ENTITY THAT ACQUIRES OR
POSSESSES AN AUTOMATED EXTERNAL DEFIBRILLATOR PURSUANT TO A COLLABORA-
TIVE AGREEMENT WITH AN EMERGENCY HEALTH CARE PROVIDER PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION SHALL STOCK OPIOID ANTAGONISTS AND STORE
SUCH OPIOID ANTAGONISTS WITH OR ADJACENT TO AUTOMATED EXTERNAL DEFIBRIL-
LATOR CABINETS.
3-A. POSSESSION AND OPERATION OF AN OPIOID ANTAGONIST. POSSESSION AND
OPERATION OF AN OPIOID ANTAGONIST BY A PUBLIC ACCESS DEFIBRILLATION
PROVIDER SHALL COMPLY WITH SECTION THREE THOUSAND THREE HUNDRED NINE OF
THIS CHAPTER.
(b) Operation of an automated external defibrillator OR OPIOID ANTAG-
ONIST pursuant to this section shall not constitute the unlawful prac-
tice of a profession under title VIII of the education law.
§ 4. 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.
