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This entry was published on 2023-04-28
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Opioid overdose prevention
Public Health (PBH) CHAPTER 45, ARTICLE 33, TITLE 1
§ 3309. Opioid overdose prevention. 1. The commissioner is authorized
to establish standards for approval of any opioid overdose prevention
program, 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,
appropriate clinical oversight, training, record keeping and reporting.

2. Notwithstanding any inconsistent provisions of section sixty-five
hundred twelve of the education law or any other law, the purchase,
acquisition, possession or use of an opioid antagonist pursuant to this
section shall not constitute the unlawful practice of a profession or
other violation under title eight of the education law or this article.

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.

(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

(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

(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,
sporting or event center, inn, hotel or motel.

(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.

(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
antagonist to a recipient, and may administer such opioid antagonist to
a person the recipient reasonably believes is experiencing an opioid

(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
pharmacist 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)
register with the department as an opioid overdose prevention program.

3-a. Any distribution of opioid antagonists through this program shall
include an informational card or sheet. The informational card or sheet
shall include, at a minimum, information on:

(a) how to recognize symptoms of an opioid overdose;

(b) steps to take prior to and after an opioid antagonist is
administered, including calling first responders;

(c) the number for the toll free office of addiction services and
supports' HOPE line;

(d) how to access the office of addiction services and supports'

(e) the application of good samaritan protections provided in section
three thousand-a of this chapter; and

(f) any other information deemed relevant by the commissioner.

The educational card shall be provided in languages other than English
as deemed appropriate by the commissioner. The department shall make
such informational cards available to the opioid overdose prevention

4. (a) Use of an opioid antagonist pursuant to this section shall be
considered first aid or emergency treatment for the purpose of any
statute relating to liability.

(b) A recipient, 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

5. The commissioner shall publish findings on statewide opioid
overdose data that reviews overdose death rates and other information to
ascertain changes in the cause and rates of opioid overdoses, including
fatal opioid overdoses. The report shall be submitted annually, on or
before October first, to the governor, the temporary president of the
senate, the speaker of the assembly and the chairs of the senate and
assembly health committees, and shall be made public on the department's
internet website. The report shall include, at a minimum, the following
information on a county basis:

(a) information on opioid overdoses and opioid overdose deaths,
including age, gender, ethnicity, and geographic location;

(b) data on emergency room utilization for the treatment of opioid

(c) data on utilization of pre-hospital services;

(d) data on the dispensing and utilization of opioid antagonists; and

(e) any other information necessary to ascertain the success of the
program, areas of the state which are experiencing particularly high
rates of overdoses, ways to determine if services, resources and
responses in particular areas of the state are having a positive impact
on reducing overdoses, and ways to further reduce overdoses.

* 6. The commissioner shall provide the current information and data
specified by each type of drug included in the report required by
subdivision five of this section to each county every three months. The
office of addiction services and supports website shall include a
hyperlink to such information and data which may be utilized by a county
or any combination thereof as it works to address the opioid epidemic.

* NB Repealed March 31, 2027

7. With the first prescription to a particular patient of an opioid of
each year for use in a setting other than a general hospital or nursing
home under article twenty-eight of this chapter or facility under
article thirty-one of the mental hygiene law, or when a practitioner is
prescribing a controlled substance to a patient under the care of
hospice as defined by section four thousand two of this chapter, the
prescriber shall prescribe an opioid antagonist when any of the
following risk factors are present: (a) a history of substance use
disorder; (b) high dose or cumulative prescriptions that result in
ninety morphine milligram equivalents or higher per day; (c) concurrent
use of opioids and benzodiazepine or nonbenzodiazepine sedative

8. The commissioner shall establish guidelines for onsite opioid
overdose response capacity in nightlife establishments.