Bill Text: NY A10406 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires certain entities to stock opioid antagonists and to store naloxone nasal sprays in or around automated external defibrillator cabinets.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-22 - referred to education [A10406 Detail]

Download: New_York-2023-A10406-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10406

                   IN ASSEMBLY

                                      May 22, 2024
                                       ___________

        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Wallace) --
          read once and referred to the Committee on Education

        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 in automated external defibrillator cabinets

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 922 of the education law, as amended by chapter 68
     2  of the laws of 2016, 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] shall provide  and  main-
     7  tain  on-site  in  each instructional school facility or library, opioid
     8  antagonists, as defined in section three thousand three hundred nine  of
     9  the public health law, in quantities and types deemed by the commission-
    10  er,  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.    Such  opioid antagonists shall include, but not be limited to,
    15  naloxone nasal sprays located with every automated external  defibrilla-
    16  tor,  as  defined  in  paragraph (a) of subdivision one of section three
    17  thousand-b of the public health law, provided  and  maintained  by  such
    18  school or institution.
    19    2.  School  districts,  public libraries, boards of cooperative educa-
    20  tional services, county vocational education and extension boards, char-
    21  ter schools, and non-public elementary and  secondary  schools  in  this
    22  state [may elect to] shall participate as an opioid antagonist recipient
    23  and  any person employed by any such entity [that has elected to partic-
    24  ipate] may administer an opioid antagonist in the event of an emergency,
    25  provided that such person shall have been trained by a program  approved
    26  under  section  three  thousand  three hundred nine of the public health
    27  law. Any school district, public library, board  of  cooperative  educa-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14760-03-4
        A. 10406                            2

     1  tional  services, county vocational education and extension board, char-
     2  ter school, and non-public elementary  and  secondary  school  that  has
     3  employees  trained in accordance with this section shall comply with the
     4  requirements  of section three thousand three hundred nine of the public
     5  health law including, but not limited  to,  appropriate  clinical  over-
     6  sight,  record  keeping  and  reporting.  No person shall be required to
     7  participate in the program and any participation by an individual  shall
     8  be voluntary.
     9    §  2.  Subparagraph  (v)  of paragraph (a) of subdivision 3 of section
    10  3309 of the public health law, as added by chapter 148 of  the  laws  of
    11  2020, is amended to read as follows:
    12    (v) As used in this section, "entity" includes, but is not limited to,
    13  a  school  district,  public  library,  board of cooperative educational
    14  services, county  vocational  education  and  extension  board,  charter
    15  school,  non-public  elementary  or  secondary  school, restaurant, bar,
    16  retail store, shopping mall, barber shop, beauty parlor, theater, sport-
    17  ing or event center, inn, hotel [or], motel, or public access  defibril-
    18  lation  provider,  as  defined  by  paragraph  (c) of subdivision one of
    19  section three thousand-b of this chapter.
    20    § 3. Subdivision 2 and paragraph  (b)  of  subdivision  4  of  section
    21  3000-b of the public health law, subdivision 2 as amended by chapter 583
    22  of the laws of 1999 and paragraph (b) of subdivision 4 as added by chap-
    23  ter  552  of  the  laws  of 1998, are amended and a new paragraph (e) of
    24  subdivision 1 and subdivision 3-a are added to read as follows:
    25    (e) "Opioid antagonist" shall have the same meaning as  set  forth  in
    26  subparagraph  (i) of paragraph (a) of subdivision three of section three
    27  thousand three hundred nine of this chapter.
    28    2. Collaborative agreement. (a) A person, firm, organization or  other
    29  entity  may purchase, acquire, possess and operate an automated external
    30  defibrillator pursuant to a collaborative agreement  with  an  emergency
    31  health  care provider. The collaborative agreement shall include a writ-
    32  ten agreement and written practice protocols, and  policies  and  proce-
    33  dures  that shall assure compliance with this section. The public access
    34  defibrillation provider shall file a copy of the collaborative agreement
    35  with the department and with the appropriate regional council  prior  to
    36  operating the automated external defibrillator.
    37    (b)  Any  person,  firm, organization or other entity that acquires or
    38  possesses an automated external defibrillator pursuant to  a  collabora-
    39  tive  agreement with an emergency health care provider pursuant to para-
    40  graph (a) of this subdivision shall stock opioid antagonists  and  store
    41  such  opioid  antagonists  in  or  near automated external defibrillator
    42  cabinets.
    43    3-a. Possession and operation of an opioid antagonist. Possession  and
    44  operation  of  an  opioid  antagonist  by a public access defibrillation
    45  provider shall comply with section three thousand three hundred nine  of
    46  this chapter.
    47    (b)  Operation of an automated external defibrillator or opioid antag-
    48  onist pursuant to this section shall not constitute the  unlawful  prac-
    49  tice of a profession under title VIII of the education law.
    50    §  4.  This act shall take effect on the first of July next succeeding
    51  the date on which it shall have become a law. Effective immediately, the
    52  addition, amendment and/or repeal of any rule  or  regulation  necessary
    53  for  the implementation of this act on its effective date are authorized
    54  to be made and completed on or before such effective date.