The New York State Senate

* § 3309-b. Nightlife opioid antagonist program. 1. Definitions. As
used in this section the following terms shall have the following
meanings:

a. "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. "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.

2. Program. The commissioner shall establish a program whereby a
nightlife establishment may apply to receive an opioid antagonist, free
of charge, to be administered to patrons, staff or individuals on
premises of such establishment. Such program shall be operated in
compliance with existing laws, rules and regulations relating to the
distribution of an opioid antagonist. The department shall publish on
its website a list of each participating establishment.

3. Eligibility. a. To be eligible to participate in the program
created by this section, a nightlife establishment shall agree to comply
with the requirements of this section and any rule or regulation
promulgated pursuant to this section.

b. A nightlife establishment applying to participate in the program
shall submit an application by mail or online through the department's
website on a form promulgated by the commissioner.

4. Approval. Except as otherwise provided by law, the commissioner
shall approve an application submitted pursuant to subdivision three of
this section if the application satisfies all of the requirements of
this section. If an application does not satisfy the requirements of
this section, the commissioner shall notify the applicant in writing the
deficiencies in the application without prejudice to reapply.

5. Fees. The commissioner shall not charge a fee to a participating
establishment for receipt of an opioid antagonist or participation in
the program.

6. Terms and conditions of participation. a. Each participating
establishment is permitted to request to receive a maximum of ten doses
of an opioid antagonist at one time. After a report has been made to the
department pursuant to paragraph b of this subdivision, such
establishment may apply to receive additional doses of an opioid
antagonist up to the maximum of ten such doses per establishment.

b. A participating establishment shall report to the department each
time:

(i) A dose of an opioid antagonist received pursuant to the program is
used on a person experiencing an emergency; or

(ii) A dose of an opioid antagonist received pursuant to the program
has been accidentally or inappropriately discharged or may otherwise no
longer be administered effectively.

(iii) A majority of the doses issued to the establishment have
expired.

c. An opioid antagonist received pursuant to the program shall only be
used by a participating establishment at the location of such
establishment in the state.

d. The commissioner shall promulgate rules and regulations that shall
govern the use of opioid antagonists by participating establishments.
Such rules and regulations shall include, but shall not be limited to,
best practices, standards and policies that participating establishments
shall meet in connection with:

(i) The conduct of participating establishments;

(ii) The administration of an opioid antagonist;

(iii) Advertisement of the program, including the dangers of opioid
use and the effects of the administration of an opioid antagonist;

(iv) The privacy of information for participating establishment staff
and individuals who receive a dose of an opioid antagonist;

(v) Communication between participating establishments and their
patrons regarding the program;

(vi) Communication between the department and participating
establishments; and

(vii) Any other best practices, standards or policies that the
commissioner determines would further the purposes of this section.

e. A participating establishment shall comply with all applicable
federal, state and local laws, rules and regulations, including the
requirements of this section and the rules and regulations promulgated
thereunder, and shall keep records of opioid antagonist administration
on site and available for inspection upon request of an employee or an
agent of the department.

7. Supervision of program. a. Where a participating establishment
violates any federal, state or local law, rule or regulation or the
requirements of this section, the commissioner may suspend such
establishment's participation in the program, upon due notice and
opportunity to be heard.

b. The commissioner may immediately suspend a participating
establishment's participation in the program without a prior hearing
where the commissioner determines that such establishment's continued
participation poses a serious danger to public health, safety or
welfare, provided that after such suspension an opportunity for hearing
shall be provided on an expedited basis.

c. Suspension from the program under this section shall be in addition
to any other penalties provided by applicable laws, rules or
regulations.

d. A participating establishment may participate in the program after
a suspension has been imposed pursuant to this section if such
establishment has:

(i) cured all violations;

(ii) demonstrated full compliance with all applicable federal, state
and local laws, rules and regulations; and

(iii) applied for reinstatement and such reinstatement has been
granted by the commissioner.

e. Where a participating establishment has had its participation in
the program suspended two times or more, and the participating
establishment subsequently violates any applicable law, rule or
regulation or the requirements of this section, the commissioner may
suspend its participation in the program indefinitely.

8. Training. The department shall offer to staff of participating
establishments resources and training on overdose prevention and
administration of an opioid antagonist.

9. Disclaimer of liability. The state shall not be liable for any use
or administration of an opioid antagonist by a participating
establishment. The state does not warranty the completeness, accuracy,
content or fitness for any particular purpose of any information made
available by a participating establishment regarding the program, nor
are any such warranties to be implied or inferred with respect to the
information furnished therein. The state shall not be liable for any
deficiencies in the completeness, accuracy, content or fitness for any
particular purpose or use of information provided by any third party and
made available by a participating establishment regarding the program.

10. Report. No later than March first, two thousand twenty-three, and
annually thereafter, the department shall submit a report to the
governor, the temporary president of the senate, the minority leader of
the senate, the speaker of the assembly, and the minority leader of the
assembly on the administration of opioid antagonists pursuant to the
program. The report shall include, but need not be limited to, the
following information for the previous calendar year:

a. The total number of doses of an opioid antagonist provided to
participating establishments;

b. The total number of doses of an opioid antagonist received by each
participating establishment;

c. The total number of times an opioid antagonist was administered by
a participating establishment, disaggregated by establishment; and

d. The total number of times an opioid antagonist was inappropriately
administered by a participating establishment, including the reasons for
such improper administration, disaggregated by establishment.

* NB Effective and Repealed April 22, 2023