S T A T E O F N E W Y O R K
________________________________________________________________________
9697--A
I N A S S E M B L Y
March 28, 2022
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Introduced by M. of A. GRIFFIN -- read once and referred to the Commit-
tee on Health -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to establishing the
nightlife opioid antagonist program
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
3309-b to read as follows:
§ 3309-B. NIGHTLIFE OPIOID ANTAGONIST PROGRAM. 1. DEFINITIONS. AS USED
IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
A. "NIGHTLIFE ESTABLISHMENT" MEANS AN ESTABLISHMENT THAT IS OPEN TO
THE PUBLIC FOR ENTERTAINMENT OR LEISURE, SERVES ALCOHOL OR WHERE ALCOHOL
IS CONSUMED ON THE PREMISES, AND CONDUCTS A LARGE VOLUME OF BUSINESS AT
NIGHT. SUCH TERM INCLUDES, BUT IS NOT LIMITED TO, BARS, ENTERTAINMENT
VENUES, CLUBS AND RESTAURANTS.
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.
2. PROGRAM. THE COMMISSIONER SHALL ESTABLISH A PROGRAM WHEREBY A
NIGHTLIFE ESTABLISHMENT MAY APPLY TO RECEIVE AN OPIOID ANTAGONIST, FREE
OF CHARGE, TO BE ADMINISTERED TO PATRONS, STAFF OR INDIVIDUALS ON PREM-
ISES OF SUCH ESTABLISHMENT. SUCH PROGRAM SHALL BE OPERATED IN COMPLIANCE
WITH EXISTING LAWS, RULES AND REGULATIONS RELATING TO THE DISTRIBUTION
OF AN OPIOID ANTAGONIST. THE DEPARTMENT SHALL PUBLISH ON ITS WEBSITE A
LIST OF EACH PARTICIPATING ESTABLISHMENT.
3. ELIGIBILITY. A. TO BE ELIGIBLE TO PARTICIPATE IN THE PROGRAM
CREATED BY THIS SECTION, A NIGHTLIFE ESTABLISHMENT SHALL AGREE TO COMPLY
WITH THE REQUIREMENTS OF THIS SECTION AND ANY RULE OR REGULATION PROMUL-
GATED PURSUANT TO THIS SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15059-03-2
A. 9697--A 2
B. A NIGHTLIFE ESTABLISHMENT APPLYING TO PARTICIPATE IN THE PROGRAM
SHALL SUBMIT AN APPLICATION BY MAIL OR ONLINE THROUGH THE DEPARTMENT'S
WEBSITE ON A FORM PROMULGATED BY THE COMMISSIONER.
4. APPROVAL. EXCEPT AS OTHERWISE PROVIDED BY LAW, THE COMMISSIONER
SHALL APPROVE AN APPLICATION SUBMITTED PURSUANT TO SUBDIVISION THREE OF
THIS SECTION IF THE APPLICATION SATISFIES ALL OF THE REQUIREMENTS OF
THIS SECTION. IF AN APPLICATION DOES NOT SATISFY THE REQUIREMENTS OF
THIS SECTION, THE COMMISSIONER SHALL NOTIFY THE APPLICANT IN WRITING THE
DEFICIENCIES IN THE APPLICATION WITHOUT PREJUDICE TO REAPPLY.
5. FEES. THE COMMISSIONER SHALL NOT CHARGE A FEE TO A PARTICIPATING
ESTABLISHMENT FOR RECEIPT OF AN OPIOID ANTAGONIST OR PARTICIPATION IN
THE PROGRAM.
6. TERMS AND CONDITIONS OF PARTICIPATION. A. EACH PARTICIPATING ESTAB-
LISHMENT IS PERMITTED TO REQUEST TO RECEIVE A MAXIMUM OF TEN DOSES OF AN
OPIOID ANTAGONIST AT ONE TIME. AFTER A REPORT HAS BEEN MADE TO THE
DEPARTMENT PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION, SUCH ESTABLISH-
MENT MAY APPLY TO RECEIVE ADDITIONAL DOSES OF AN OPIOID ANTAGONIST UP TO
THE MAXIMUM OF TEN SUCH DOSES PER ESTABLISHMENT.
B. A PARTICIPATING ESTABLISHMENT SHALL REPORT TO THE DEPARTMENT EACH
TIME:
(I) A DOSE OF AN OPIOID ANTAGONIST RECEIVED PURSUANT TO THE PROGRAM IS
USED ON A PERSON EXPERIENCING AN EMERGENCY; OR
(II) A DOSE OF AN OPIOID ANTAGONIST RECEIVED PURSUANT TO THE PROGRAM
HAS BEEN ACCIDENTALLY OR INAPPROPRIATELY DISCHARGED OR MAY OTHERWISE NO
LONGER BE ADMINISTERED EFFECTIVELY.
(III) A MAJORITY OF THE DOSES ISSUED TO THE ESTABLISHMENT HAVE
EXPIRED.
C. AN OPIOID ANTAGONIST RECEIVED PURSUANT TO THE PROGRAM SHALL ONLY BE
USED BY A PARTICIPATING ESTABLISHMENT AT THE LOCATION OF SUCH ESTABLISH-
MENT IN THE STATE.
D. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS THAT SHALL
GOVERN THE USE OF OPIOID ANTAGONISTS BY PARTICIPATING ESTABLISHMENTS.
SUCH RULES AND REGULATIONS SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO,
BEST PRACTICES, STANDARDS AND POLICIES THAT PARTICIPATING ESTABLISHMENTS
SHALL MEET IN CONNECTION WITH:
(I) THE CONDUCT OF PARTICIPATING ESTABLISHMENTS;
(II) THE ADMINISTRATION OF AN OPIOID ANTAGONIST;
(III) ADVERTISEMENT OF THE PROGRAM, INCLUDING THE DANGERS OF OPIOID
USE AND THE EFFECTS OF THE ADMINISTRATION OF AN OPIOID ANTAGONIST;
(IV) THE PRIVACY OF INFORMATION FOR PARTICIPATING ESTABLISHMENT STAFF
AND INDIVIDUALS WHO RECEIVE A DOSE OF AN OPIOID ANTAGONIST;
(V) COMMUNICATION BETWEEN PARTICIPATING ESTABLISHMENTS AND THEIR
PATRONS REGARDING THE PROGRAM;
(VI) COMMUNICATION BETWEEN THE DEPARTMENT AND PARTICIPATING ESTABLISH-
MENTS; AND
(VII) ANY OTHER BEST PRACTICES, STANDARDS OR POLICIES THAT THE COMMIS-
SIONER DETERMINES WOULD FURTHER THE PURPOSES OF THIS SECTION.
E. A PARTICIPATING ESTABLISHMENT SHALL COMPLY WITH ALL APPLICABLE
FEDERAL, STATE AND LOCAL LAWS, RULES AND REGULATIONS, INCLUDING THE
REQUIREMENTS OF THIS SECTION AND THE RULES AND REGULATIONS PROMULGATED
THEREUNDER, AND SHALL KEEP RECORDS OF OPIOID ANTAGONIST ADMINISTRATION
ON SITE AND AVAILABLE FOR INSPECTION UPON REQUEST OF AN EMPLOYEE OR AN
AGENT OF THE DEPARTMENT.
7. SUPERVISION OF PROGRAM. A. WHERE A PARTICIPATING ESTABLISHMENT
VIOLATES ANY FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION OR THE
REQUIREMENTS OF THIS SECTION, THE COMMISSIONER MAY SUSPEND SUCH ESTAB-
A. 9697--A 3
LISHMENT'S PARTICIPATION IN THE PROGRAM, UPON DUE NOTICE AND OPPORTUNITY
TO BE HEARD.
B. THE COMMISSIONER MAY IMMEDIATELY SUSPEND A PARTICIPATING ESTABLISH-
MENT'S PARTICIPATION IN THE PROGRAM WITHOUT A PRIOR HEARING WHERE THE
COMMISSIONER DETERMINES THAT SUCH ESTABLISHMENT'S CONTINUED PARTIC-
IPATION POSES A SERIOUS DANGER TO PUBLIC HEALTH, SAFETY OR WELFARE,
PROVIDED THAT AFTER SUCH SUSPENSION AN OPPORTUNITY FOR HEARING SHALL BE
PROVIDED ON AN EXPEDITED BASIS.
C. SUSPENSION FROM THE PROGRAM UNDER THIS SECTION SHALL BE IN ADDITION
TO ANY OTHER PENALTIES PROVIDED BY APPLICABLE LAWS, RULES OR REGU-
LATIONS.
D. A PARTICIPATING ESTABLISHMENT MAY PARTICIPATE IN THE PROGRAM AFTER
A SUSPENSION HAS BEEN IMPOSED PURSUANT TO THIS SECTION IF SUCH ESTAB-
LISHMENT HAS:
(I) CURED ALL VIOLATIONS;
(II) DEMONSTRATED FULL COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE
AND LOCAL LAWS, RULES AND REGULATIONS; AND
(III) APPLIED FOR REINSTATEMENT AND SUCH REINSTATEMENT HAS BEEN GRANT-
ED BY THE COMMISSIONER.
E. WHERE A PARTICIPATING ESTABLISHMENT HAS HAD ITS PARTICIPATION IN
THE PROGRAM SUSPENDED TWO TIMES OR MORE, AND THE PARTICIPATING ESTAB-
LISHMENT SUBSEQUENTLY VIOLATES ANY APPLICABLE LAW, RULE OR REGULATION OR
THE REQUIREMENTS OF THIS SECTION, THE COMMISSIONER MAY SUSPEND ITS
PARTICIPATION IN THE PROGRAM INDEFINITELY.
8. TRAINING. THE DEPARTMENT SHALL OFFER TO STAFF OF PARTICIPATING
ESTABLISHMENTS RESOURCES AND TRAINING ON OVERDOSE PREVENTION AND ADMIN-
ISTRATION OF AN OPIOID ANTAGONIST.
9. DISCLAIMER OF LIABILITY. THE STATE SHALL NOT BE LIABLE FOR ANY USE
OR ADMINISTRATION OF AN OPIOID ANTAGONIST BY A PARTICIPATING ESTABLISH-
MENT. THE STATE DOES NOT WARRANTY THE COMPLETENESS, ACCURACY, CONTENT
OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY INFORMATION MADE AVAILABLE
BY A PARTICIPATING ESTABLISHMENT REGARDING THE PROGRAM, NOR ARE ANY SUCH
WARRANTIES TO BE IMPLIED OR INFERRED WITH RESPECT TO THE INFORMATION
FURNISHED THEREIN. THE STATE SHALL NOT BE LIABLE FOR ANY DEFICIENCIES IN
THE COMPLETENESS, ACCURACY, CONTENT OR FITNESS FOR ANY PARTICULAR
PURPOSE OR USE OF INFORMATION PROVIDED BY ANY THIRD PARTY AND MADE
AVAILABLE BY A PARTICIPATING ESTABLISHMENT REGARDING THE PROGRAM.
10. REPORT. NO LATER THAN MARCH FIRST, TWO THOUSAND TWENTY-THREE, AND
ANNUALLY THEREAFTER, THE DEPARTMENT SHALL SUBMIT A REPORT TO THE GOVER-
NOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE MINORITY LEADER OF THE
ASSEMBLY ON THE ADMINISTRATION OF OPIOID ANTAGONISTS PURSUANT TO THE
PROGRAM. THE REPORT SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, THE
FOLLOWING INFORMATION FOR THE PREVIOUS CALENDAR YEAR:
A. THE TOTAL NUMBER OF DOSES OF AN OPIOID ANTAGONIST PROVIDED TO
PARTICIPATING ESTABLISHMENTS;
B. THE TOTAL NUMBER OF DOSES OF AN OPIOID ANTAGONIST RECEIVED BY EACH
PARTICIPATING ESTABLISHMENT;
C. THE TOTAL NUMBER OF TIMES AN OPIOID ANTAGONIST WAS ADMINISTERED BY
A PARTICIPATING ESTABLISHMENT, DISAGGREGATED BY ESTABLISHMENT; AND
D. THE TOTAL NUMBER OF TIMES AN OPIOID ANTAGONIST WAS INAPPROPRIATELY
ADMINISTERED BY A PARTICIPATING ESTABLISHMENT, INCLUDING THE REASONS FOR
SUCH IMPROPER ADMINISTRATION, DISAGGREGATED BY ESTABLISHMENT.
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.