NY State Senate Bill 2021-S8633

Archive: Last Bill Status - Passed Senate & Assembly

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	returned to senate passed assembly ordered to third reading rules cal.709 substituted for a9697a
May 25, 2022	referred to health delivered to assembly passed senate
May 23, 2022	ordered to third reading cal.1447
May 17, 2022	reported and committed to rules
May 09, 2022	reported and committed to finance
May 04, 2022	print number 8633a
May 04, 2022	amend and recommit to alcoholism and substance abuse
Mar 23, 2022	referred to alcoholism and substance abuse

Votes

- May 25, 2022 - Floor Vote
  S8633
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 25, 2022
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      nay (1)
      
      Martucci
      
      excused (2)
      
      Breslin
      
      Brouk
  May 23, 2022 - Rules Committee Vote
  S8633
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 23, 2022
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Parker
      
      Ritchie
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins
      
      aye wr (1)
      
      Ortt
  May 17, 2022 - Finance Committee Vote
  S8633
  
  22
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: May 17, 2022
      
      aye (22)
      
      Bailey
      
      Borrello
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Liu
      
      O'Mara
      
      Ritchie
      
      Rivera
      
      Salazar
      
      Savino
      
      Serino
      
      Skoufis
      
      Stavisky
      
      Tedisco
      
      Thomas
      
      absent (1)
      
      Parker
  May 9, 2022 - Alcoholism And Substance Use Disorders Committee Vote
  S8633
  
  5
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Alcoholism And Substance Use Disorders Committee Vote: May 9, 2022
      
      aye (5)
      
      Harckham
      
      Hinchey
      
      Kaplan
      
      Oberacker
      
      Rivera
      
      aye wr (1)
      
      Akshar
      
      excused (1)
      
      Brouk

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S8633 - Details

See Assembly Version of this Bill:: A9697
Law Section:: Public Health Law
Laws Affected:: Add §3309-b, Pub Health L

2021-S8633 - Summary

Establishes the nightlife opioid antagonist program to allow certain establishments to apply and receive an opioid antagonist, free of charge, to be administered to patrons, staff or individuals on premises of such establishment in the case of an emergency.

2021-S8633 - Sponsor Memo

                                 
BILL NUMBER: S8633

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public health law, in relation to establishing the
nightlife opioid antagonist program

 
PURPOSE:

To establish the voluntary night-life opioid antagonist program and
prevent needless opioid overdose deaths in night clubs.

 
SUMMARY OF PROVISIONS:

Section 1 creates a new section 3309-b to the public health law, requir-
ing the Commissioner of the Department of Health to establish a night-
life opioid antagonist program, and establishes definitions to include
"nightlife establishment" as inclusive of businesses such as bars,
clubs, and restaurants, and defines "opioid antagonist" to include
narcan, naloxone, and other FDA-recognized opioid overdose treatments
found by medical professionals to reduce or prevent death.

Section 2 creates the program whereby a nightlife establishment can
receive an opioid antagonist in line with existing law, free of charge,
and directs the health department to publish participating establish-
ments online for public view.

Section 3 establishes eligibility criteria to include compliance with
requirements of this section, and that applications shall be submitted
either by mail or online.

Section 4 sets approval via satisfying the requests stated above. It
also requires that an application that is initially declined by the
commissioner result in notification to the applicant as to their defi-
ciencies in writing to encourage reapplication without prejudice.

Section 5 makes clear that there will be no fee for participating estab-
lishments.

Section 6 states participating establishments would receive a maximum of
10 doses and report to the department when doses were discharged, wheth-
er because of an actual emergency as stated by the purpose of the
program, an accidental discharge, or if a dose is no longer effective.
Additionally, the antagonist is non-transferrable and must be used at
the participant establishment that applied to the program.  The commis-
sioner will set forth rules and regulation as needed.

Section 7 grants the department commissioner the power to withdraw
participants from the program in the event their participation poses a
danger to public health, safety, or welfare, provided that after such
suspension an opportunity for hearing shall be provided on an expedited
basis. An establishment whose participation has been suspended may reap-
ply with proof that disqualifying issues have been remedied.

Section 8 requires the department offer the staff of participant estab-
lishments necessary resources and training on overdose prevention and
the administration of opioid antagonists provided by this program. It is

stated that only staff who have received such training are authorized to
administer the on-site antagonist.

Section 9 makes clear that the state has no liability associated with
the administration of the program at these voluntarily participating
establishments.

Section 10 provides that every March 1" beginning 2023 from the effec-
tive date of this bill's passage that the department will provide infor-
mation on the administration of the program to the office of the gover-
nor and leaders of both houses of the state legislature. Such a report
shall include the total number of doses provided to each establishment,
the number of times a dose was discharged, and the number of times a
dose was improperly discharged.

Section 2 establishes an effective date 120 days after passage.

 
JUSTIFICATION:

This bill will authorize training and put life-saving treatment into the
hands of nightlife establishment employees, similar to AEDs.  Nightlife
establishments are one of many everyday contexts in which statistics
tell us opioids are consumed at a higher frequency. This program seeks
to bring overdose prevention to as many responsibly-minded bars and
nightclubs as possible - especially as they recognize that beyond the
intentional consumption of opioids themselves, people who consume other
drugs, including cocaine, crack, heroin, methamphetamine, ketamine, and
pills from various sources are potentially exposed to fentanyl. Anyone
who uses drugs that may contain fentanyl, even occasionally, is at risk
of a fatal overdose.

An opioid antagonist is a life-saving treatment that rapidly reverses an
opioid overdose. When administered to someone in need, it attaches to
opioid receptors in their body and reverses and blocks the effects of
other opioids. Narcan, naloxone, and similar FDA-approved opioid antag-
onists have been proven to restore normal breathing to a person if their
lung and heart function has dramatically slowed or stopped due to an
opioid overdose; it can often make the difference between life and
death.

In addition to providing opioid antagonist training for nightlife work-
ers and making these treatments more readily available to people across
the state, this program will supplement existing educational and aware-
ness programs to reduce senseless overdose deaths and curb the consump-
tion of drugs by New York residents.

In 2018, the New York City Department of Health and Mental Hygiene
(DOHMH) collaborated with the Brooklyn Allied Bars & Restaurants (BABAR)
to reach bar and nightclub owners as well as staff to begin an overd -e
prevention pilot program. This intervention was part of the overall
comprehensive plan by the City of New York to address the recent opioid
crisis in both its own jurisdiction and across the state, given its
location as a central gathering place for recreation and entertainment.
After showing initial success, the program was expanded in 2019.

This bill finds parity with an existing bill of the New York City Coun-
cil to extend the benefits of that program. After this established
success and with an understanding of the risks of opioid overdose on too
many New Yorkers, this bill aims to offer a similar program to estab-
lishments beyond the City of New York.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This bill shall take effect on the one hundred twentieth day after it
becomes law.

2021-S8633 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8633
 
                             I N  S E N A T E
 
                              March 23, 2022
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 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 NALOXONE, NARCAN OR ANY OTHER MEDICATION
 APPROVED BY THE DEPARTMENT AND THE FEDERAL FOOD AND DRUG  ADMINISTRATION
 THAT,  WHEN ADMINISTERED, NEGATES OR NEUTRALIZES IN WHOLE OR IN PART THE
 PHARMACOLOGICAL EFFECTS OF AN OPIOID IN THE HUMAN BODY.
   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.
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15059-01-2
 S. 8633                             2
 
   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 IMPROPERLY DISCHARGED OR MAY OTHERWISE NO LONG-
 ER BE ADMINISTERED EFFECTIVELY.
   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-
 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-
 S. 8633                             3
 
 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. ONLY STAFF  WHO  HAVE  RECEIVED  SUCH
 TRAINING,  OR  WHO  HAVE  RECEIVED  TRAINING  THROUGH A PROGRAM APPROVED
 PURSUANT TO SECTION THIRTY-THREE  HUNDRED  NINE  OF  THIS  ARTICLE,  MAY
 ADMINISTER AN OPIOID ANTAGONIST IN THE EVENT OF AN EMERGENCY.
   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, TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER 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 INFORMA-
 TION 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 IMPROPERLY
 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.

co-Sponsors

2021-S8633A (ACTIVE) - Details

See Assembly Version of this Bill:: A9697
Law Section:: Public Health Law
Laws Affected:: Add §3309-b, Pub Health L

2021-S8633A (ACTIVE) - Summary

2021-S8633A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8633A

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public health law, in relation to establishing the
nightlife opioid antagonist program

 
PURPOSE:

To establish the voluntary night-lite opioid antagonist program and
prevent needless opioid overdose deaths in night clubs.

 
SUMMARY OF PROVISIONS:

Section 1 creates a new section 3309-b to the public health law, requir-
ing the Commissioner of the Department of Health to establish a night-
life opioid antagonist program, and establishes definitions to include
"nightlife establishment" as inclusive of businesses such as bars,
clubs, and restaurants, and defines "opioid antagonist" to include
narcan, naloxone, and other FDA-recognized opioid overdose treatments
found by medical professionals to reduce or prevent death.

Section 2 creates the program whereby a nightlife establishment can
receive an opioid antagonist in line with existing law, free of charge,
and directs the health department to publish participating establish-
ments online for public view.

Section 3 establishes eligibility criteria to include compliance with
requirements c)f this section, and that applications shall be submitted
either by mail or online.

Section 4 sets approval via satisfying the requests stated above. It
also requires that an application that is initially declined by the
commissioner result in notification to the applicant as to their defi-
ciencies in writing to encourage reapplication without prejudice.

Section 5 makes clear that there will be no fee for participating estab-
lishments.

Section 6 states participating establishments would receive a maximum of
10 doses and report to the department when doses were discharged, wheth-
er because of an actual emergency as stated by the purpose of the
program, an accidental discharge, or if a dose is no longer effective.
Additionally, the antagonist is non-transferrable and must be used at
the participant establishment that applied to the program.  The commis-
sioner will set forth rules and regulation as needed.

Section 7 grants the department commissioner and power to withdraw
participants from the program in the event their participation poses a
danger to public. health,or welfare, provided that after such suspension
an opportunity for hearing shall be provided on an expedited basis. An
establishment whose participation has been suspended may reap- ply with
proof that disqualifying issues have been remedied.

Section 8 requires the department offer the staff of participant estab-
lishments necessary resources and training on overdose prevention and
the administration of opioid antagonists provided by this program. It is

stated that only staff who have received such training are authorized to
administer the on-site antagonist.

Section 9 makes clear that the state has No liability associated with
the administration of the program at these voluntarily participating
establishments.

Section 10 provides that every March 1" beginning 2023 from the effec-
tive date of this hill's passage that the department will provide infor-
mation on the administration of the program to the office of the gover-
nor and leaders of both houses of the state legislature. Such a report
shall .include the total number of doses provided to each establishment,
the number of times a dose was discharged, and the number of times a
dose was improperly discharged.

Section 11 establishes an effective date 120 days after passage.

 
JUSTIFICATION:

This bill will authorize training and put life-saving treatment into the
hands of nightlife establishment employees, similar to AEDs.  Nightlife
establishments are one of many everyday contexts in which statistics
tell us opioids are consumed at a higher frequency. This program seeks
to bring overdose prevention to as many responsibly-minded bars and
nightclubs as possible - especially as they recognize that beyond the
intentional consumption of opioids themselves, people who consume other
drugs, including cocaine, crack, heroin, methamphetamine, ketamine, and
pills from various sources are potentially exposed to tentanyl. Anyone
who uses drugs that may contain fentanyl, even occasionally, is at risk
of a fatal overdose.

An opioid antagonist is a life-saving treatment that rapidly reverses an
opioid overdose. When administered to someone in need, it attaches to
opioid receptors in their body and reverses and blocks the effects of
other opioids. Narcan, naloxone, and similar FDA-approved opioid antag-
onists have been proven to restore normal breathing to a person if their
lung and heart function has dramatically slowed or stopped due to an
opioid overdose; it can often make the difference between life and
death.

In addition to providing opioid antagonist training for nightlife work-
ers and making these treatments more readily available to people across
the state, this program will supplement existing educational and aware-
ness programs to reduce senseless overdose deaths and curb the consump-
tion of drugs by New York residents.

In 2018, the New York City department of Health and mental Hygiene
(DOHMH) collaborated with the Brooklyn Ailed Bars & Restaurants (BABAR)
to reach bar and nightclub owners as well ,s staff to begin an overd -e
- prevention pilot program. This intervention was part of the overall
comprehensive plan by the City of New York to address the recent opioid
crisis in both its own jurisdiction and across the state, given its
location as a central gathering place for recreation and entertainment.
After showing initial success, the program was expanded in 2019.

This bill finds parity with an existing bill of the New York City Coun-
cil to extend the benefits of that program. After this established
success and with an understanding of the risks of opioid overdose on too
many New Yorkers, this bill aims to offer a similar program to estab-
lishments beyond the City of New York.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This bill shall take effect on the one hundred twentieth day after it
becomes law.

2021-S8633A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8633--A
 
                             I N  S E N A T E
 
                              March 23, 2022
                                ___________
 
 Introduced  by  Sens.  COMRIE,  GAUGHRAN, HOYLMAN, SALAZAR, SEPULVEDA --
   read twice and ordered printed, and when printed to  be  committed  to
   the   Committee   on  Alcoholism  and  Substance  Abuse  --  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.

                                                            LBD15059-02-2
 S. 8633--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-
 S. 8633--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.

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Senate Bill S8633

Sponsored By

Archive: Last Bill Status - Passed Senate & Assembly

May 25, 2022 - Floor Vote

Floor Vote: May 25, 2022

May 23, 2022 - Rules Committee Vote

Rules Committee Vote: May 23, 2022

May 17, 2022 - Finance Committee Vote

Finance Committee Vote: May 17, 2022

May 9, 2022 - Alcoholism And Substance Use Disorders Committee Vote

Alcoholism And Substance Use Disorders Committee Vote: May 9, 2022

Bill Amendments

co-Sponsors

2021-S8633 - Details

2021-S8633 - Summary

2021-S8633 - Sponsor Memo

2021-S8633 - Bill Text download pdf

co-Sponsors

2021-S8633A (ACTIVE) - Details

2021-S8633A (ACTIVE) - Summary

2021-S8633A (ACTIVE) - Sponsor Memo

2021-S8633A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8633

Share this bill

Sponsored By

Archive: Last Bill Status - Passed Senate & Assembly

Bill Amendments

co-Sponsors

2021-S8633 - Details

2021-S8633 - Summary

2021-S8633 - Sponsor Memo

2021-S8633 - Bill Text download pdf

co-Sponsors

2021-S8633A (ACTIVE) - Details

2021-S8633A (ACTIVE) - Summary

2021-S8633A (ACTIVE) - Sponsor Memo

2021-S8633A (ACTIVE) - Bill Text download pdf

Comments