Bill Text: NY S08259 | 2019-2020 | General Assembly | Introduced


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

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2020-08-24 - signed chap.148 [S08259 Detail]

Download: New_York-2019-S08259-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8259

                    IN SENATE

                                     April 29, 2020
                                       ___________

        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on Alcoholism  and  Substance
          Abuse

        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.
    21    §  2.  Subdivision  4  of  section  3309  of the public health law, as
    22  amended by chapter 68 of the  laws  of  2016,  is  amended  to  read  as
    23  follows:
    24    4.  (a)  Use of an opioid antagonist pursuant to this section shall be
    25  considered first aid or emergency treatment for the purpose of any stat-
    26  ute relating to liability.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10802-07-0

        S. 8259                             2

     1    (b) A recipient, opioid overdose prevention program, [school district,
     2  public library, board of cooperative educational services, county  voca-
     3  tional education and extension board, charter school, non-public elemen-
     4  tary  school  and/or secondary school in the state] person or entity, or
     5  any  person  employed by [such district, public library, board or school
     6  under this section] the person or entity, acting reasonably and in  good
     7  faith in compliance with this section, shall not be subject to criminal,
     8  civil or administrative liability solely by reason of such action.
     9    § 3. This act shall take effect immediately.
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