S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6014
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 25, 2025
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee 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 with or adjacent to automated external defibril-
   lator 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  OR  ADJACENT  TO EVERY AUTOMATED
 EXTERNAL DEFIBRILLATOR, AS DEFINED IN PARAGRAPH (A) OF  SUBDIVISION  ONE
 OF SECTION THREE THOUSAND-B OF THE PUBLIC HEALTH LAW, PROVIDED AND MAIN-
 TAINED 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
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09308-03-5
 A. 6014                             2
 
 law. Any school district, public library, board  of  cooperative  educa-
 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 a new 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 WITH OR ADJACENT TO AUTOMATED EXTERNAL DEFIBRIL-
 LATOR 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.