Bill Text: NY S07661 | 2013-2014 | General Assembly | Introduced


Bill Title: Provides for the use of opioid antagonists in schools.

Spectrum: Moderate Partisan Bill (Republican 22-5)

Status: (Engrossed - Dead) 2014-06-09 - referred to education [S07661 Detail]

Download: New_York-2013-S07661-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7661
                                   I N  S E N A T E
                                     May 23, 2014
                                      ___________
       Introduced  by  Sens.  HANNON,  BALL,  BONACIC, BOYLE, CARLUCCI, FELDER,
         GALLIVAN,  GOLDEN,  GRIFFO,   LANZA,   LARKIN,   LITTLE,   MARCELLINO,
         MARCHIONE,  MARTINS, MAZIARZ, NOZZOLIO, O'MARA, RITCHIE, ROBACH, SAVI-
         NO, SEWARD, VALESKY, YOUNG -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health
       AN ACT to amend the public health law and the education law, in relation
         to providing for the use of opioid antagonists in schools  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 added by a chapter of the laws
    3  of  2014 amending the public health law relating to use of opioid antag-
    4  onists, as proposed in  legislative  bills  numbers  S.  6477-B  and  A.
    5  8637-B, is amended to read as follows:
    6    (iv)  "Opioid  antagonist  recipient" or "recipient" means a person at
    7  risk of experiencing an opioid-related overdose,  or  a  family  member,
    8  friend  or other person in a position to assist a person experiencing or
    9  at risk of experiencing an opioid-related overdose, or  an  organization
   10  registered  as  an  opioid  overdose prevention program pursuant to this
   11  section,  OR  A  SCHOOL  DISTRICT,  BOARD  OF  COOPERATIVE   EDUCATIONAL
   12  SERVICES,  COUNTY  VOCATIONAL  EDUCATION  AND  EXTENSION  BOARD, CHARTER
   13  SCHOOL, NON-PUBLIC ELEMENTARY AND/OR SECONDARY SCHOOL IN  THE  STATE  OR
   14  ANY PERSON EMPLOYED BY SUCH DISTRICT, BOARD OR SCHOOL.
   15    S  2.  Subdivision  4  of  section  3309  of the public health law, as
   16  amended by a chapter of the laws of 2014 amending the public health  law
   17  relating  to use of opioid antagonists, as proposed in legislative bills
   18  numbers S. 6477-B and A. 8637-B, is amended to read as follows:
   19    4. Use of an opioid antagonist  pursuant  to  this  section  shall  be
   20  considered first aid or emergency treatment for the purpose of any stat-
   21  ute relating to liability.
   22    A  recipient,  opioid  overdose  prevention  program, SCHOOL DISTRICT,
   23  BOARD OF COOPERATIVE EDUCATIONAL SERVICES, COUNTY  VOCATIONAL  EDUCATION
   24  AND  EXTENSION  BOARD,  CHARTER  SCHOOL,  NON-PUBLIC  ELEMENTARY  AND/OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10215-06-4
       S. 7661                             2
    1  SECONDARY SCHOOL IN THE STATE, OR ANY PERSON EMPLOYED BY SUCH  DISTRICT,
    2  BOARD  OR SCHOOL under this section, acting reasonably and in good faith
    3  in compliance with this section, shall not be subject to criminal, civil
    4  or administrative liability solely by reason of such action.
    5    S  3. The education law is amended by adding a new section 922 to read
    6  as follows:
    7    S 922. OPIOID OVERDOSE PREVENTION.   1. SCHOOL  DISTRICTS,  BOARDS  OF
    8  COOPERATIVE EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION AND EXTEN-
    9  SION  BOARDS,  CHARTER  SCHOOLS, AND NON-PUBLIC ELEMENTARY AND SECONDARY
   10  SCHOOLS IN THIS STATE MAY PROVIDE AND MAINTAIN ON-SITE IN EACH  INSTRUC-
   11  TIONAL  SCHOOL  FACILITY OPIOID ANTAGONISTS, AS DEFINED IN SECTION THREE
   12  THOUSAND THREE HUNDRED NINE OF THE PUBLIC HEALTH LAW, IN QUANTITIES  AND
   13  TYPES  DEEMED BY THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER
   14  OF HEALTH, TO BE ADEQUATE TO ENSURE READY AND APPROPRIATE ACCESS FOR USE
   15  DURING EMERGENCIES TO ANY STUDENT OR STAFF HAVING OPIOID OVERDOSE WHETH-
   16  ER OR NOT THERE IS A PREVIOUS HISTORY OF OPIOID ABUSE.
   17    2. SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, COUN-
   18  TY VOCATIONAL EDUCATION AND EXTENSION BOARDS, CHARTER SCHOOLS, AND  NON-
   19  PUBLIC  ELEMENTARY  AND  SECONDARY  SCHOOLS  IN THIS STATE OR ANY PERSON
   20  EMPLOYED BY ANY SUCH ENTITY MAY ADMINISTER AN OPIOID ANTAGONIST  IN  THE
   21  EVENT  OF  AN  EMERGENCY  PURSUANT  TO THE REQUIREMENTS OF SECTION THREE
   22  THOUSAND THREE HUNDRED NINE OF THE PUBLIC HEALTH LAW.
   23    S 4. This act shall take effect on the  same  date  and  in  the  same
   24  manner  as  a chapter of the laws of 2014 amending the public health law
   25  relating to use of opioid antagonists, as proposed in legislative  bills
   26  numbers S. 6477-B and A. 8637-B, takes effect.
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