Bill Text: NY A10364 | 2015-2016 | General Assembly | Introduced

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Bill Title: Authorizes the maintenance and use of opioid antagonists at public libraries for the treatment of opioid overdoses.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-06-17 - substituted by s7860 [A10364 Detail]

Download: New_York-2015-A10364-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10364
                   IN ASSEMBLY
                                      May 24, 2016
                                       ___________
        Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
          Committee on Health
        AN ACT to amend the public health law and the education law, in relation
          to authorizing the use of opioid antagonists by public  libraries  for
          opioid overdose prevention
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subparagraph (iv) of paragraph  (a)  of  subdivision  3  of
     2  section 3309 of the public health law, as amended by section 1 of part V
     3  of chapter 57 of the laws of 2015, is amended to read as follows:
     4    (iv)  "Opioid  antagonist  recipient" or "recipient" means a person at
     5  risk of experiencing an opioid-related overdose,  or  a  family  member,
     6  friend  or other person in a position to assist a person experiencing or
     7  at risk of experiencing an opioid-related overdose, or  an  organization
     8  registered  as  an  opioid  overdose prevention program pursuant to this
     9  section or a school  district,  public  library,  board  of  cooperative
    10  educational  services,  county vocational education and extension board,
    11  charter school, non-public elementary and/or secondary  school  in  this
    12  state or any person employed by such district, library board or school.
    13    §  2.  Subdivision  4  of  section  3309  of the public health law, as
    14  amended by section 2 of part V of chapter 57 of the  laws  of  2015,  is
    15  amended to read as follows:
    16    4.  Use  of  an  opioid  antagonist  pursuant to this section shall be
    17  considered first aid or emergency treatment for the purpose of any stat-
    18  ute relating to liability.
    19    A recipient, opioid  overdose  prevention  program,  school  district,
    20  public  library, board of cooperative educational services, county voca-
    21  tional education and extension board, charter school, non-public elemen-
    22  tary school and/or secondary school in the state, or any person employed
    23  by such district, public library, board or school  under  this  section,
    24  acting  reasonably  and  in  good faith in compliance with this section,
    25  shall not be subject to  criminal,  civil  or  administrative  liability
    26  solely by reason of such action.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15492-02-6
        A. 10364                            2
     1    § 3. Section 922 of the education law, as added by section 4 of part V
     2  of chapter 57 of the laws of 2015, is amended to read as follows:
     3    §  922.  Opioid  overdose  prevention.  1.  School  districts,  public
     4  libraries, boards of cooperative educational services, county vocational
     5  education and extension boards, charter schools, and non-public  elemen-
     6  tary  and  secondary  schools  in  this  state  may provide and maintain
     7  on-site in each instructional school facility or library, opioid  antag-
     8  onists,  as  defined in section three thousand three hundred nine of the
     9  public health law, in quantities and types deemed by  the  commissioner,
    10  in  consultation  with  the  commissioner  of  health, to be adequate to
    11  ensure ready and appropriate access for use during  emergencies  to  any
    12  student,  individual  on  library  premises or staff suspected of having
    13  opioid overdose whether or not there is a  previous  history  of  opioid
    14  abuse.
    15    2.  School  districts,  public libraries, boards of cooperative educa-
    16  tional services, county vocational education and extension boards, char-
    17  ter schools, and non-public elementary and  secondary  schools  in  this
    18  state may elect to participate as an opioid antagonist recipient and any
    19  person  employed  by any such entity that has elected to participate may
    20  administer an opioid antagonist in the event of an  emergency,  provided
    21  that  such  person  shall  have been trained by a program approved under
    22  section three thousand three hundred nine of the public health law.  Any
    23  school  district,  public  library,  board  of  cooperative  educational
    24  services, county  vocational  education  and  extension  board,  charter
    25  school,  and non-public elementary and secondary school that has employ-
    26  ees trained in accordance  with  this  section  shall  comply  with  the
    27  requirements  of section three thousand three hundred nine of the public
    28  health law including, but not limited  to,  appropriate  clinical  over-
    29  sight,  record  keeping  and  reporting.  No person shall be required to
    30  participate in the program and any participation by an individual  shall
    31  be voluntary.
    32    § 4. This act shall take effect immediately.