S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    448
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02156-01-9

 A. 448                              2
 
 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.
   (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.

 A. 448                              3
 
   § 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.