Bill Text: NY A06438 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires public school districts to carry opioid antagonists and to require training for staff in the administration of opioid antagonists.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to education [A06438 Detail]

Download: New_York-2019-A06438-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6438
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      March 7, 2019
                                       ___________
        Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
          Committee on Education
        AN ACT to amend the education  law,  in  relation  to  requiring  public
          school  districts  to carry opioid antagonists and to require training
          for staff in the administration of opioid antagonists
          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  Public libraries, boards of  cooperative  educational  services,  county
     5  vocational  education  and  extension  boards, charter schools, and non-
     6  public elementary and secondary schools in this state  may  provide  and
     7  maintain  on-site  in  each  instructional  school  facility or library,
     8  opioid antagonists, as defined in section three thousand  three  hundred
     9  nine  of  the  public  health law, in quantities and types deemed by the
    10  commissioner, in consultation with the commissioner  of  health,  to  be
    11  adequate  to ensure ready and appropriate access for use during emergen-
    12  cies to any student, individual on library premises or  staff  suspected
    13  of  having opioid overdose whether or not there is a previous history of
    14  opioid abuse.
    15    2. [School districts, public] Public libraries, boards of  cooperative
    16  educational  services, county vocational education and extension boards,
    17  charter 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10031-01-9
        A. 6438                             2
     1  school, and non-public elementary and secondary school that has  employ-
     2  ees  trained  in  accordance  with  this  section  shall comply with the
     3  requirements of section three thousand three hundred nine of the  public
     4  health  law  including,  but  not limited to, appropriate clinical over-
     5  sight, record keeping and reporting. No  person  shall  be  required  to
     6  participate  in the program and any participation by an individual shall
     7  be voluntary.
     8    3. Public school districts shall provide and maintain on-site in  each
     9  instructional  school facility opioid antagonists, as defined in section
    10  three thousand three hundred nine of the public health law,  in  quanti-
    11  ties  and  types  deemed  by  the commissioner, in consultation with the
    12  commissioner of health, to be adequate to ensure ready  and  appropriate
    13  access  for  use during emergencies to any student, individual on school
    14  premises or staff suspected of having opioid  overdose  whether  or  not
    15  there  is  a  previous  history of opioid abuse. Public school districts
    16  shall require at least one person employed by such district  be  trained
    17  in  the administration of opioid antagonists by a program approved under
    18  section three thousand three hundred nine of the public health law.  Any
    19  nurse  employed  by  a  school district shall be trained in the adminis-
    20  tration of opioid antagonists by a program approved under section  three
    21  thousand three hundred nine of the public health law.
    22    4.  Any person shall not be liable for any act or omission related to,
    23  or any harm resulting  from,  administration  of  an  opioid  antagonist
    24  pursuant to this section, provided that such person acted reasonably and
    25  in good faith.
    26    § 2. This act shall take effect immediately.