S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10406
 
                           I N  A S S E M B L Y
 
                               May 22, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Wallace) --
   read once and referred to the Committee on Education
 
 AN ACT to amend the education law and the public health law, in relation
   to requiring certain entities to stock opioid antagonists and to store
   naloxone nasal sprays in automated external defibrillator cabinets

   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 vocational
 education  and extension boards, charter schools, and non-public elemen-
 tary and secondary schools in this state [may] SHALL provide  and  main-
 tain  on-site  in  each instructional school facility or library, opioid
 antagonists, as defined in section three thousand three hundred nine  of
 the public health law, in quantities and types deemed by the commission-
 er,  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.    SUCH  OPIOID ANTAGONISTS SHALL INCLUDE, BUT NOT BE LIMITED TO,
 NALOXONE NASAL SPRAYS LOCATED WITH EVERY AUTOMATED EXTERNAL  DEFIBRILLA-
 TOR,  AS  DEFINED  IN  PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION THREE
 THOUSAND-B OF THE PUBLIC HEALTH LAW, PROVIDED  AND  MAINTAINED  BY  SUCH
 SCHOOL OR INSTITUTION.
   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] SHALL participate as an opioid antagonist recipient
 and  any person employed by any such entity [that has elected to partic-
 ipate] 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  educa-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14760-03-4
 A. 10406                            2
 
 tional  services, county vocational education and extension board, char-
 ter school, and non-public elementary  and  secondary  school  that  has
 employees  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.
   §  2.  Subparagraph  (v)  of paragraph (a) of subdivision 3 of section
 3309 of the public health law, as added by chapter 148 of  the  laws  of
 2020, is amended to read as follows:
   (v) As used in this section, "entity" includes, but is not limited to,
 a  school  district,  public  library,  board of cooperative educational
 services, county  vocational  education  and  extension  board,  charter
 school,  non-public  elementary  or  secondary  school, restaurant, bar,
 retail store, shopping mall, barber shop, beauty parlor, theater, sport-
 ing or event center, inn, hotel [or], motel, OR PUBLIC ACCESS  DEFIBRIL-
 LATION  PROVIDER,  AS  DEFINED  BY  PARAGRAPH  (C) OF SUBDIVISION ONE OF
 SECTION THREE THOUSAND-B OF THIS CHAPTER.
   § 3. Subdivision 2 and paragraph  (b)  of  subdivision  4  of  section
 3000-b of the public health law, subdivision 2 as amended by chapter 583
 of the laws of 1999 and paragraph (b) of subdivision 4 as added by chap-
 ter  552  of  the  laws  of 1998, are amended and a new paragraph (e) of
 subdivision 1 and subdivision 3-a are added to read as follows:
   (E) "OPIOID ANTAGONIST" SHALL HAVE THE SAME MEANING AS  SET  FORTH  IN
 SUBPARAGRAPH  (I) OF PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION THREE
 THOUSAND THREE HUNDRED NINE OF THIS CHAPTER.
   2. Collaborative agreement. (A) A person, firm, organization or  other
 entity  may purchase, acquire, possess and operate an automated external
 defibrillator pursuant to a collaborative agreement  with  an  emergency
 health  care provider. The collaborative agreement shall include a writ-
 ten agreement and written practice protocols, and  policies  and  proce-
 dures  that shall assure compliance with this section. The public access
 defibrillation provider shall file a copy of the collaborative agreement
 with the department and with the appropriate regional council  prior  to
 operating the automated external defibrillator.
   (B)  ANY  PERSON,  FIRM, ORGANIZATION OR OTHER ENTITY THAT ACQUIRES OR
 POSSESSES AN AUTOMATED EXTERNAL DEFIBRILLATOR PURSUANT TO  A  COLLABORA-
 TIVE  AGREEMENT WITH AN EMERGENCY HEALTH CARE PROVIDER PURSUANT TO PARA-
 GRAPH (A) OF THIS SUBDIVISION SHALL STOCK OPIOID ANTAGONISTS  AND  STORE
 SUCH  OPIOID  ANTAGONISTS  IN  OR  NEAR AUTOMATED EXTERNAL DEFIBRILLATOR
 CABINETS.
   3-A. POSSESSION AND OPERATION OF AN OPIOID ANTAGONIST. POSSESSION  AND
 OPERATION  OF  AN  OPIOID  ANTAGONIST  BY A PUBLIC ACCESS DEFIBRILLATION
 PROVIDER SHALL COMPLY WITH SECTION THREE THOUSAND THREE HUNDRED NINE  OF
 THIS CHAPTER.
   (b)  Operation of an automated external defibrillator OR OPIOID ANTAG-
 ONIST pursuant to this section shall not constitute the  unlawful  prac-
 tice of a profession under title VIII of the education law.
   §  4.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.