S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10187
 
                           I N  A S S E M B L Y
 
                              March 22, 2018
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to requiring  certain
   eligible persons or entities to acquire and possess opioid antagonists
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The public health law is amended by adding  a  new  section
 3000-e to read as follows:
   § 3000-E. OPIOID ANTAGONIST. 1. DEFINITIONS. AS USED IN THIS SECTION:
   (A)  "ELIGIBLE  PERSON  OR  ENTITY"  MEANS (I) AN AMBULANCE SERVICE OR
 ADVANCED LIFE SUPPORT FIRST RESPONSE SERVICE; A CERTIFIED FIRST  RESPON-
 DER, EMERGENCY MEDICAL TECHNICIAN, OR ADVANCED EMERGENCY MEDICAL TECHNI-
 CIAN, WHO IS EMPLOYED BY OR AN ENROLLED MEMBER OF ANY SUCH SERVICE; (II)
 A  CHILDREN'S  OVERNIGHT  CAMP  AS DEFINED IN SUBDIVISION ONE OF SECTION
 THIRTEEN HUNDRED NINETY-TWO OF  THIS  CHAPTER,  A  SUMMER  DAY  CAMP  AS
 DEFINED  IN  SUBDIVISION  TWO  OF SECTION THIRTEEN HUNDRED NINETY-TWO OF
 THIS CHAPTER, A TRAVELING SUMMER DAY  CAMP  AS  DEFINED  IN  SUBDIVISION
 THREE  OF  SECTION  THIRTEEN  HUNDRED  NINETY-TWO  OF THIS CHAPTER; OR A
 PERSON EMPLOYED BY SUCH A CAMP; (III) A SCHOOL DISTRICT, BOARD OF  COOP-
 ERATIVE  EDUCATIONAL SERVICES, COUNTY VOCATIONAL EDUCATION AND EXTENSION
 BOARD, CHARTER  SCHOOL,  NON-PUBLIC  ELEMENTARY  AND  SECONDARY  SCHOOL,
 COLLEGES,  AND UNIVERSITIES IN THIS STATE; OR ANY PERSON EMPLOYED BY ANY
 SUCH ENTITY, OR EMPLOYED  BY  A  CONTRACTOR  OF  SUCH  AN  ENTITY  WHILE
 PERFORMING  SERVICES FOR THE ENTITY; (IV) A GOVERNMENT OFFICE; AN EDUCA-
 TIONAL INSTITUTION  OR  AFTER-SCHOOL  PROGRAM;  A  COMMUNITY  CENTER;  A
 PUBLICLY  OR  PRIVATELY  OPERATED SHELTER; OR ANY PERSON EMPLOYED BY ANY
 SUCH ENTITY, OR EMPLOYED  BY  A  CONTRACTOR  OF  SUCH  AN  ENTITY  WHILE
 PERFORMING SERVICES FOR THE ENTITY; (V) A CORRECTIONAL FACILITY, A COUN-
 TY  JAIL,  A  POLICE  STATION,  OR  A FIRE STATION; A PHARMACY, DOCTOR'S
 OFFICE; OR ANY PERSON EMPLOYED BY ANY SUCH  ENTITY,  OR  EMPLOYED  BY  A
 CONTRACTOR  OF  SUCH AN ENTITY WHILE PERFORMING SERVICES FOR THE ENTITY;
 AND (VI) ANY OTHER PERSON OR ENTITY DESIGNATED  OR  APPROVED,  OR  IN  A
 CATEGORY  DESIGNATED  OR APPROVED PURSUANT TO REGULATIONS OF THE COMMIS-
 SIONER IN CONSULTATION WITH OTHER APPROPRIATE AGENCIES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14846-01-8

 A. 10187                            2

   (B) "OPIOID ANTAGONIST" MEANS A DRUG APPROVED BY  THE  FOOD  AND  DRUG
 ADMINISTRATION  THAT, WHEN ADMINISTERED, NEGATES OR NEUTRALIZES IN WHOLE
 OR IN PART THE PHARMACOLOGICAL EFFECTS OF AN OPIOID IN THE BODY. "OPIOID
 ANTAGONIST" SHALL BE LIMITED TO NALOXONE AND OTHER MEDICATIONS  APPROVED
 BY THE DEPARTMENT FOR SUCH PURPOSE.
   (C)  "HEALTH  CARE  PRACTITIONER"  MEANS  A  HEALTH  CARE PRACTITIONER
 LICENSED, CERTIFIED, OR AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF  THE
 EDUCATION  LAW WHO IS AUTHORIZED THEREBY TO ADMINISTER DRUGS, AND WHO IS
 ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE.
   2. POSSESSION AND USE. (A) ANY ELIGIBLE PERSON OR ENTITY SHALL ACQUIRE
 AND POSSESS AND MAY USE AN OPIOID ANTAGONIST FOR EMERGENCY TREATMENT  OF
 A PERSON APPEARING TO EXPERIENCE AN OPIOID-RELATED OVERDOSE.
   (B) AN ELIGIBLE PERSON OR ENTITY SHALL POSSESS AT LEAST TWO PROVISIONS
 OF AN OPIOID ANTAGONIST AT ALL TIMES.
   (C)  AN ELIGIBLE PERSON OR ENTITY SHALL DESIGNATE ONE OR MORE INDIVID-
 UALS WHO HAVE COMPLETED THE TRAINING REQUIRED BY PARAGRAPH (D)  OF  THIS
 SUBDIVISION TO BE RESPONSIBLE FOR THE STORAGE, MAINTENANCE, CONTROL, AND
 GENERAL  OVERSIGHT  OF  THE  OPIOID  ANTAGONIST ACQUIRED BY THE ELIGIBLE
 PERSON OR ENTITY.
   (D) NO ONE MAY USE AN OPIOID  ANTAGONIST  ON  BEHALF  OF  AN  ELIGIBLE
 PERSON  OR ENTITY UNLESS HE OR SHE HAS SUCCESSFULLY COMPLETED A TRAINING
 COURSE IN THE USE OF OPIOID ANTAGONISTS APPROVED BY THE COMMISSIONER, OR
 IS DIRECTED IN A SPECIFIC INSTANCE TO USE  AN  OPIOID  ANTAGONIST  BY  A
 HEALTH CARE PRACTITIONER.
   (E) THIS SECTION DOES NOT PROHIBIT THE USE OF AN OPIOID ANTAGONIST (I)
 BY  A  HEALTH CARE PRACTITIONER OR (II) BY A PERSON ACTING PURSUANT TO A
 LAWFUL PATIENT-SPECIFIC PRESCRIPTION.
   (F) EVERY ELIGIBLE PERSON AND ENTITY AUTHORIZED TO POSSESS AND USE  AN
 OPIOID  ANTAGONIST  PURSUANT  TO  THIS  SECTION  SHALL USE, MAINTAIN AND
 DISPOSE OF SUCH ANTAGONIST PURSUANT TO REGULATIONS OF THE DEPARTMENT.
   (G) NOTHING IN THIS SECTION SHALL REQUIRE ANY ELIGIBLE PERSON OR ENTI-
 TY TO ADMINISTER AN OPIOID ANTAGONIST.
   3. PRESCRIPTIONS. (A) A HEALTH CARE PRACTITIONER WHO IS AUTHORIZED  TO
 PRESCRIBE  DRUGS MAY PRESCRIBE, DISPENSE OR PROVIDE AN OPIOID ANTAGONIST
 TO OR FOR  AN  ELIGIBLE  PERSON  OR  ENTITY  BY  A  NON-PATIENT-SPECIFIC
 PRESCRIPTION.
   (B)  A PHARMACIST MAY DISPENSE AN OPIOID ANTAGONIST PURSUANT TO A NON-
 PATIENT-SPECIFIC PRESCRIPTION UNDER THIS SUBDIVISION.
   (C) THIS SUBDIVISION DOES NOT LIMIT ANY OTHER AUTHORITY A HEALTH  CARE
 PRACTITIONER OR PHARMACIST HAS TO PRESCRIBE, DISPENSE, PROVIDE OR ADMIN-
 ISTER AN OPIOID ANTAGONIST.
   4. APPLICATION OF OTHER LAWS. (A) USE OF AN OPIOID ANTAGONIST PURSUANT
 TO THIS SECTION SHALL BE CONSIDERED FIRST AID OR EMERGENCY TREATMENT FOR
 THE PURPOSE OF ANY STATUTE RELATING TO LIABILITY.
   (B)  PURCHASE,  ACQUISITION, POSSESSION OR USE OF AN OPIOID ANTAGONIST
 PURSUANT TO THIS SECTION SHALL NOT CONSTITUTE THE UNLAWFUL PRACTICE OF A
 PROFESSION OR OTHER VIOLATION UNDER TITLE EIGHT OF THE EDUCATION LAW  OR
 ARTICLE THIRTY-THREE OF THIS CHAPTER.
   (C)  ANY  PERSON  OTHERWISE  AUTHORIZED  TO  SELL OR PROVIDE AN OPIOID
 ANTAGONIST MAY SELL OR PROVIDE IT TO A PERSON OR  ENTITY  AUTHORIZED  TO
 POSSESS IT PURSUANT TO THIS SECTION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.