NY State Senate Bill 2025-S4640

Senate Bill S4640

2025-2026 Legislative Session

Relates to onsite overdose response services and requires certain locations and venues to maintain a supply of opioid antagonists

download bill text pdf

Current Bill Status - In Senate Committee Alcoholism And Substance Use Disorders 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
Feb 10, 2025	referred to alcoholism and substance use disorders

2025-S4640 (ACTIVE) - Details

Current Committee:: Senate Alcoholism And Substance Use Disorders
Law Section:: Public Health Law
Laws Affected:: Amd §§3309 & 3309-b, Pub Health L

2025-S4640 (ACTIVE) - Summary

Authorizes the commissioner of health to establish standards for approval of onsite overdose response services; requires nightlife establishments, sporting or event centers, theaters, concert venues, and amusement parks to maintain a supply of opioid antagonists.

2025-S4640 (ACTIVE) - Sponsor Memo

2025-S4640 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4640
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2025
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed  to  be committed to the Committee on Alcoholism and Substance
   Use Disorders
 
 AN ACT to amend the public health law, in relation  to  onsite  overdose
   response  services and requiring certain locations and venues to main-
   tain a supply of opioid antagonists

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  1, 3, 4 and 8 of section 3309 of the public
 health law, subdivisions 1 and 3 as amended by chapter 42 of the laws of
 2014, subparagraph (iv) of paragraph (a) of subdivision 3  and  subdivi-
 sion 4 as amended and subparagraph (v) of paragraph (a) of subdivision 3
 as  added by chapter 148 of the laws of 2020, subparagraph (vi) of para-
 graph (a) of subdivision 3 and subdivision 8 as added by chapter  83  of
 the laws of 2023, and subparagraph (v) of paragraph (b) of subdivision 3
 as  added  by  chapter  65  of  the laws of 2016, are amended to read as
 follows:
   1. The commissioner is authorized to establish standards for  approval
 of  any  opioid  overdose  prevention  program, ONSITE OVERDOSE RESPONSE
 SERVICES, and opioid antagonist prescribing,  dispensing,  distribution,
 possession  and  administration  pursuant  to  this  section  which  may
 include, but not be limited to, standards for program directors,  appro-
 priate clinical oversight, training, record keeping and reporting.
   3. (a) As used in this section:
   (i)  "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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08571-01-5
 S. 4640                             2

   (ii) "Health care professional" means a person licensed, registered or
 authorized pursuant to title eight of the  education  law  to  prescribe
 prescription drugs.
   (iii)  "Pharmacist"  means a person licensed or authorized to practice
 pharmacy pursuant to article one hundred thirty-seven of  the  education
 law.
   (iv)  "Opioid antagonist recipient" [or "recipient"] means a person at
 risk of experiencing an opioid-related overdose,  or  a  family  member,
 friend  or other person in a position to assist a person experiencing or
 at risk of experiencing an opioid-related overdose, or  an  organization
 registered  as  an  opioid  overdose prevention program pursuant to this
 section or any person or entity or any person employed by the person  or
 entity.
   (v) As used in this section, "entity" includes, but is not limited to,
 A  HEALTH  CARE INSTITUTION, A NOT-FOR-PROFIT CHARITABLE ORGANIZATION, 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 INSTITUTIONS OR
 BUILDINGS.
   (vi) "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.
   (VII)  "ONSITE  OVERDOSE  RESPONSE  SERVICES"  MEANS  THE PROVISION OF
 TRAINED STAFF WHO MONITOR FOR SIGNS OF OVERDOSE AND RESPOND TO SUSPECTED
 DRUG OVERDOSES TO PREVENT DEATH AND OTHER NEGATIVE  HEALTH  CONSEQUENCES
 ASSOCIATED  WITH DRUG USE, INCLUDING BY ADMINISTERING OPIOID ANTAGONISTS
 WHEN APPROPRIATE.
   (b)(i) A health care professional may prescribe by a  patient-specific
 or  non-patient-specific  prescription, dispense or distribute, directly
 or indirectly, an opioid antagonist to an opioid antagonist recipient.
   (ii) A  pharmacist  may  dispense  an  opioid  antagonist,  through  a
 patient-specific  or  non-patient-specific prescription pursuant to this
 paragraph, to an opioid antagonist recipient.
   (iii) An opioid antagonist recipient may possess an opioid  antagonist
 obtained  pursuant  to this paragraph, may distribute such opioid antag-
 onist to [a] ANOTHER OPIOID ANTAGONIST  recipient,  and  may  administer
 such  opioid  antagonist  to  a  person  the OPIOID ANTAGONIST recipient
 reasonably believes is experiencing an opioid overdose.
   (iv) The provisions of this paragraph shall not be deemed to require a
 prescription for any opioid antagonist that does not otherwise require a
 prescription; nor shall it be deemed to limit the authority of a  health
 care  professional to prescribe, dispense or distribute, or of a pharma-
 cist to dispense, an opioid antagonist under any other provision of law.
   (v) Any pharmacy with twenty or more locations  in  the  state,  shall
 either:  (1) pursue or maintain a non-patient-specific prescription with
 an authorized health care professional to dispense an opioid  antagonist
 to a consumer upon request, as authorized by this section; or (2) regis-
 ter with the department as an opioid overdose prevention program.
   4.  (a)  Use of an opioid antagonist pursuant to this section shall be
 considered first aid or emergency treatment for the purpose of any stat-
 ute relating to liability.
 S. 4640                             3
 
   (b) [A] AN OPIOID ANTAGONIST recipient, RECIPIENT OF  ONSITE  OVERDOSE
 RESPONSE  SERVICES,  ENTITY PROVIDING ONSITE OVERDOSE RESPONSE SERVICES,
 opioid overdose prevention program, person  or  entity,  or  any  person
 employed by the person or entity, acting reasonably and in good faith in
 compliance with this section, shall not be subject to criminal, civil or
 administrative liability solely by reason of such action.
   8.  The  commissioner  shall  establish guidelines for onsite [opioid]
 overdose response [capacity] SERVICES, INCLUDING in nightlife establish-
 ments, SPORTING OR EVENT CENTERS, THEATERS, CONCERT VENUES,  AND  AMUSE-
 MENT PARKS. SUCH GUIDELINES SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A)  MAINTAINING  A SUPPLY OF UNEXPIRED OPIOID ANTAGONIST NASAL SPRAY;
 AND
   (B) HAVING EMPLOYED AND AT SUCH  LOCATION  WHENEVER  IN  OPERATION  AT
 LEAST  TWO  PERSONS  TRAINED  IN  IDENTIFYING OPIOID OVERDOSES AND USING
 OPIOID ANTAGONISTS.
   § 2. Subdivision 2 of section 3309-b of  the  public  health  law,  as
 amended  by  chapter  16  of  the  laws  of  2024, is amended to read as
 follows:
   2. A health care professional,  OPIOID  OVERDOSE  PREVENTION  PROGRAM,
 PROVIDER  OF ONSITE OVERDOSE RESPONSE SERVICES, or pharmacist is author-
 ized to dispense drug adulterant testing supplies to any person.
   § 3. This act shall take effect immediately.

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