S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4497
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Libraries and Education Technology
 
 AN ACT to amend the education  law,  in  relation  to  requiring  public
   libraries  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:
 
   Section  1. Section 922 of the education law, as amended by chapter 68
 of the laws of 2016, is amended to read as follows:
   § 922.  Opioid  overdose  prevention.  1.  School  districts,  [public
 libraries,]  boards  of  cooperative  educational services, county voca-
 tional education and extension boards, charter schools,  and  non-public
 elementary  and secondary schools in this state may provide and maintain
 on-site in each instructional school facility or library, opioid  antag-
 onists,  as  defined in section three thousand three hundred nine of the
 public health law, in quantities and types deemed by  the  commissioner,
 in  consultation  with  the  commissioner  of  health, to be adequate to
 ensure ready and appropriate access for use during  emergencies  to  any
 student,  individual  on  library  premises or staff suspected of having
 opioid overdose whether or not there is a  previous  history  of  opioid
 abuse.
   2.  School districts, [public libraries,] boards of cooperative educa-
 tional services, county vocational education and extension boards, char-
 ter schools, and non-public elementary and  secondary  schools  in  this
 state may elect to participate as an opioid antagonist recipient and any
 person  employed  by any such entity that has elected to participate may
 administer an opioid antagonist in the event of an  emergency,  provided
 that  such  person  shall  have been trained by a program approved under
 section three thousand three hundred nine of the public health law.  Any
 school  district,  [public  library,]  board  of cooperative educational
 services, county  vocational  education  and  extension  board,  charter
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08878-01-1

 A. 4497                             2
 
 school,  and non-public elementary and secondary school that has employ-
 ees trained in accordance  with  this  section  shall  comply  with  the
 requirements  of section three thousand three hundred nine of the public
 health  law  including,  but  not limited to, appropriate clinical over-
 sight, record keeping and reporting. No  person  shall  be  required  to
 participate  in the program and any participation by an individual shall
 be voluntary.
   3. PUBLIC LIBRARIES SHALL PROVIDE AND MAINTAIN ON-SITE  OPIOID  ANTAG-
 ONISTS,  AS  DEFINED IN SECTION THREE THOUSAND THREE HUNDRED NINE OF THE
 PUBLIC HEALTH LAW, IN QUANTITIES AND TYPES DEEMED BY  THE  COMMISSIONER,
 IN  CONSULTATION  WITH  THE  COMMISSIONER  OF  HEALTH, TO BE ADEQUATE TO
 ENSURE READY AND APPROPRIATE ACCESS FOR USE DURING  EMERGENCIES  TO  ANY
 INDIVIDUAL  ON  LIBRARY  PREMISES SUSPECTED OF HAVING AN OPIOID OVERDOSE
 WHETHER OR NOT THERE IS A PREVIOUS  HISTORY  OF  OPIOID  ABUSE  AT  SUCH
 LIBRARY.  PUBLIC  LIBRARIES  SHALL  REQUIRE  AT  LEAST TWO STAFF MEMBERS
 EMPLOYED BY SUCH LIBRARY BE TRAINED  IN  THE  ADMINISTRATION  OF  OPIOID
 ANTAGONISTS  BY  A  PROGRAM  APPROVED UNDER SECTION THREE THOUSAND THREE
 HUNDRED NINE OF THE PUBLIC HEALTH LAW, PROVIDED THAT ONE OF THE  TRAINED
 STAFF MEMBERS SHALL BE THE BRANCH MANAGER OF SUCH LIBRARY.
   4.  ANY PERSON SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION RELATED TO,
 OR ANY HARM RESULTING  FROM,  ADMINISTRATION  OF  AN  OPIOID  ANTAGONIST
 PURSUANT TO THIS SECTION, PROVIDED THAT SUCH PERSON ACTED REASONABLE AND
 IN GOOD FAITH.
   § 2. This act shall take effect immediately.