NY State Senate Bill 2023-S9583

Current Bill Status - In Senate Committee Health Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 16, 2024	referred to health

2023-S9583 (ACTIVE) - Details

See Assembly Version of this Bill:: A1773
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §3000-f, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A10187
2019-2020: A448
2021-2022: A576

2023-S9583 (ACTIVE) - Summary

Requires certain eligible persons or entities to acquire and possess opioid antagonists for emergency treatment of a person appearing to experience an opioid-related overdose.

2023-S9583 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9583

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring certain
eligible persons or entities to acquire and possess opioid antagonists

 
PURPOSE:

This bill requires certain eligible persons or entities to acquire and
possess opioid antagonists.

 
SUMMARY OF PROVISIONS:

Section one amends section 3000-e of the public health law.

Section five establishes the effective date.

 
JUSTIFICATION:

The opioid epidemic has affected New Yorkers in every region of the
state, and a growing body of research shows that public overdoses make
up a large percentage of the overdose cases statewide. Opioid antag-
onists like naloxone are increasingly available, allowing for trained
administrators to reverse an overdose on the spot.  Unfortunately,
access to naloxone is still extremely limited, and establishments that
might be able to offer lifesaving adnainistration of an opioid antag-
onist are not required to have these drugs on site.  With thousands of
New Yorkers dying at the hands of this epidemic, it is essential that
facilities across the state be required to carry, and have personnel
trained in proper administration of, these lifesaving drugs.

This legislation requires that personnel at the following facilities
statewide have a staff member trained in administration of an opioid
antagonist and that at least two provisions of such opioid antagonist be
on site at all times: ambulances or first response service providers,
all public elementary and secondary schools, all non-public elementary
and secondary schools, charter schools, universities, school districts
or boards of education, children's overnight camps, government offices,
after-school programs, community centers, publicly and privately oper-
ated shelters, correctional facilities, county jails, police stations,
fire stations, pharmacies and doctors' offices. This legislation sets
forth a definition of opioid antagonist to mean any drug approved by the
Food and Drug Administration that, when administered, negates or
neutralizes the pharmacological effects of an opioid in the body.

 
LEGISLATIVE HISTORY:

2021-22: A.576 - Referred to Health

2019-20: A.448 - Referred to Health

2017-18: A.10187 - Referred to Health

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

2023-S9583 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9583
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed 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-f to read as follows:
   § 3000-F. 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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06667-01-3
 S. 9583                             2

   (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.
   § 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.

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Senate Bill S9583

Sponsored By

Current Bill Status - In Senate Committee Health Committee

2023-S9583 (ACTIVE) - Details

2023-S9583 (ACTIVE) - Summary

2023-S9583 (ACTIVE) - Sponsor Memo

2023-S9583 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9583

Share this bill

Sponsored By

Luis R. Sepúlveda

Current Bill Status - In Senate Committee Health Committee

2023-S9583 (ACTIVE) - Details

2023-S9583 (ACTIVE) - Summary

2023-S9583 (ACTIVE) - Sponsor Memo

2023-S9583 (ACTIVE) - Bill Text download pdf

Comments