New York Senate Bill S09583 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 9583  IN SENATE May 16, 2024 ___________ Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to requiring certain eligible persons or entities to acquire and possess opioid antagonists The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 3000-f to read as follows: 3 § 3000-f. Opioid antagonist. 1. Definitions. As used in this section: 4 (a) "Eligible person or entity" means (i) an ambulance service or 5 advanced life support first response service; a certified first respon- 6 der, emergency medical technician, or advanced emergency medical techni- 7 cian, who is employed by or an enrolled member of any such service; (ii) 8 a children's overnight camp as defined in subdivision one of section 9 thirteen hundred ninety-two of this chapter, a summer day camp as 10 defined in subdivision two of section thirteen hundred ninety-two of 11 this chapter, a traveling summer day camp as defined in subdivision 12 three of section thirteen hundred ninety-two of this chapter; or a 13 person employed by such a camp; (iii) a school district, board of coop- 14 erative educational services, county vocational education and extension 15 board, charter school, non-public elementary and secondary school, 16 colleges, and universities in this state; or any person employed by any 17 such entity, or employed by a contractor of such an entity while 18 performing services for the entity; (iv) a government office; an educa- 19 tional institution or after-school program; a community center; a 20 publicly or privately operated shelter; or any person employed by any 21 such entity, or employed by a contractor of such an entity while 22 performing services for the entity; (v) a correctional facility, a coun- 23 ty jail, a police station, or a fire station; a pharmacy, doctor's 24 office; or any person employed by any such entity, or employed by a 25 contractor of such an entity while performing services for the entity; 26 and (vi) any other person or entity designated or approved, or in a 27 category designated or approved pursuant to regulations of the commis- 28 sioner in consultation with other appropriate agencies. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06667-01-3 
 S. 9583 2 1 (b) "Opioid antagonist" means a drug approved by the Food and Drug 2 Administration that, when administered, negates or neutralizes in whole 3 or in part the pharmacological effects of an opioid in the body. "Opioid 4 antagonist" shall be limited to naloxone and other medications approved 5 by the department for such purpose. 6 (c) "Health care practitioner" means a health care practitioner 7 licensed, certified, or authorized to practice under title eight of the 8 education law who is authorized thereby to administer drugs, and who is 9 acting within the scope of his or her practice. 10 2. Possession and use. (a) Any eligible person or entity shall acquire 11 and possess and may use an opioid antagonist for emergency treatment of 12 a person appearing to experience an opioid-related overdose. 13 (b) An eligible person or entity shall possess at least two provisions 14 of an opioid antagonist at all times. 15 (c) An eligible person or entity shall designate one or more individ- 16 uals who have completed the training required by paragraph (d) of this 17 subdivision to be responsible for the storage, maintenance, control, and 18 general oversight of the opioid antagonist acquired by the eligible 19 person or entity. 20 (d) No one may use an opioid antagonist on behalf of an eligible 21 person or entity unless he or she has successfully completed a training 22 course in the use of opioid antagonists approved by the commissioner, or 23 is directed in a specific instance to use an opioid antagonist by a 24 health care practitioner. 25 (e) This section does not prohibit the use of an opioid antagonist (i) 26 by a health care practitioner or (ii) by a person acting pursuant to a 27 lawful patient-specific prescription. 28 (f) Every eligible person and entity authorized to possess and use an 29 opioid antagonist pursuant to this section shall use, maintain and 30 dispose of such antagonist pursuant to regulations of the department. 31 (g) Nothing in this section shall require any eligible person or enti- 32 ty to administer an opioid antagonist. 33 3. Prescriptions. (a) A health care practitioner who is authorized to 34 prescribe drugs may prescribe, dispense or provide an opioid antagonist 35 to or for an eligible person or entity by a non-patient-specific 36 prescription. 37 (b) A pharmacist may dispense an opioid antagonist pursuant to a non- 38 patient-specific prescription under this subdivision. 39 (c) This subdivision does not limit any other authority a health care 40 practitioner or pharmacist has to prescribe, dispense, provide or admin- 41 ister an opioid antagonist. 42 4. Application of other laws. (a) Use of an opioid antagonist pursuant 43 to this section shall be considered first aid or emergency treatment for 44 the purpose of any statute relating to liability. 45 (b) Purchase, acquisition, possession or use of an opioid antagonist 46 pursuant to this section shall not constitute the unlawful practice of a 47 profession or other violation under title eight of the education law or 48 article thirty-three of this chapter. 49 (c) Any person otherwise authorized to sell or provide an opioid 50 antagonist may sell or provide it to a person or entity authorized to 51 possess it pursuant to this section. 52 § 2. This act shall take effect on the one hundred twentieth day after 53 it shall have become a law. Effective immediately, the addition, amend- 54 ment and/or repeal of any rule or regulation necessary for the implemen- 55 tation of this act on its effective date are authorized to be made and 56 completed on or before such effective date.