Bill Text: NY A07812 | 2019-2020 | General Assembly | Amended

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Bill Title: Authorizes the use of opioid antagonists by persons or entities for opioid overdose prevention; defines "entity".

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2020-08-24 - signed chap.148 [A07812 Detail]

Download: New_York-2019-A07812-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7812--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 23, 2019
                                       ___________

        Introduced by M. of A. L. ROSENTHAL, MOSLEY -- read once and referred to
          the  Committee  on Health -- recommitted to the Committee on Health in
          accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the public health law, in relation  to  authorizing  the
          use  of  opioid antagonists by persons or entities 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 chapter 68  of  the
     3  laws  of 2016, is amended and a new subparagraph (v) is added to read as
     4  follows:
     5    (iv) "Opioid antagonist recipient" or "recipient" means  a  person  at
     6  risk  of  experiencing  an  opioid-related overdose, or a family member,
     7  friend or other person in a position to assist a person experiencing  or
     8  at  risk  of experiencing an opioid-related overdose, or an organization
     9  registered as an opioid overdose prevention  program  pursuant  to  this
    10  section  or  [a  school  district,  public library, board of cooperative
    11  educational services, county vocational education and  extension  board,
    12  charter  school,  non-public  elementary and/or secondary school in this
    13  state] any person or entity or any person employed  by  [such  district,
    14  library board or school] the person or entity.
    15    (v) As used in this section, "entity" includes, but is not limited to,
    16  a  school  district,  public  library,  board of cooperative educational
    17  services, county  vocational  education  and  extension  board,  charter
    18  school,  non-public  elementary  or  secondary  school, restaurant, bar,
    19  retail store, shopping mall, barber shop, beauty parlor, theater, sport-
    20  ing or event center, inn, hotel or motel.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10802-05-0
        A. 7812--A                          2

     1    § 2. Subdivision 4 of section  3309  of  the  public  health  law,  as
     2  amended  by  chapter  68  of  the  laws  of  2016, is amended to read as
     3  follows:
     4    4.  (a)  Use of an opioid antagonist pursuant to this section shall be
     5  considered first aid or emergency treatment for the purpose of any stat-
     6  ute relating to liability.
     7    (b) A recipient, opioid overdose prevention program, [school district,
     8  public library, board of cooperative educational services, county  voca-
     9  tional education and extension board, charter school, non-public elemen-
    10  tary  school  and/or secondary school in the state] person or entity, or
    11  any person employed by [such district, public library, board  or  school
    12  under  this section] the person or entity, acting reasonably and in good
    13  faith in compliance with this section, shall not be subject to criminal,
    14  civil or administrative liability solely by reason of such action.
    15    § 3. This act shall take effect immediately.