NY State Senate Bill 2025-S5779

Senate Bill S5779

2025-2026 Legislative Session

Requires certain entities to stock opioid antagonists and to store naloxone nasal sprays with or adjacent to automated external defibrillator cabinets

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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 28, 2025	referred to alcoholism and substance use disorders

2025-S5779 (ACTIVE) - Details

See Assembly Version of this Bill:: A6014
Current Committee:: Senate Alcoholism And Substance Use Disorders
Law Section:: Education Law
Laws Affected:: Amd §922, Ed L; amd §§3309 & 3000-b, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: A10406

2025-S5779 (ACTIVE) - Summary

Requires certain entities to stock opioid antagonists and to store naloxone nasal sprays with or adjacent to automated external defibrillator cabinets.

2025-S5779 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5779

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

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 defibrilla-
tor cabinets

 
PURPOSE:

This bill would require certain entities to stock opioid antagonists and
to store naloxone nasal sprays in automated external defibrillator (AED)
cabinets.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 922 of the education law. Section 2 amends
section 3309 of the public health law. Section 3 amends section 3000-b
of the public health law. Section 4 sets the effective date.

 
JUSTIFICATION:

The United States is in the midst of a devastating opioid epidemic With
opioid overdose deaths due to prescription opioids, heroin, and other
synthetic opioids (e.g., fentanyl) at an all-time high.  According to
the Center for Disease Control and Prevention (CDC), opioids were
involved in 80,411 overdose deaths in 2021, which accounts for nearly
75W of all drug overdose deaths. Veterans are particularly vulnerable
compared to non-Veterans, given their higher prevalence of chronic pain
conditions and substance use disorders, including opioid dependence.

Naloxone (Narcan) and other opioid antagonists work to rapidly reverse
an opioid overdose by attaching to opioid receptors and reversing and
blocking the effects of opioid drugs. This quickly restores normal
breathing and wakes the individual from an overdose. It is important to
note that if naloxone and other opioid drugs are given to someone who
does not have opioids in their system, these opioid antagonists will
have no adverse health consequences on that individual.

In 2021, roughly 1.2 million doses of naloxone were dispensed by retail
pharmacies, and nearly all states have naloxone access laws that allow
pharmacists and/or qualified organizations to provide the medication
without a prescription. In nearly 40k of deaths resulting from a drug
overdose, a bystander was present. Making naloxone consistently avail-
able in the same location would allow bystanders to easily locate opioid
overdose reversal medications and help prevent a fatal overdose.

Evidence shows that states that have adopted expanded naloxone access
laws, have seen fatal opioid overdoses fall by an average of 27W46W.
Naloxone supply needs to be more prevalent and accessible to help reduce
opioid overdose deaths and save lives across the United States.

This legislation would help make naloxone and other opioid antagonists
readily accessible by storing the medicine in automated external defi-
brillator (AED) cabinets and would provide the consistency needed for
bystanders to know exactly where to find it.

 
PRIOR LEGISLATIVE HISTORY:

2024: A10406 (Wallace)

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
after becoming law.

2025-S5779 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5779
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 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 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09308-03-5
 S. 5779                             2
 
 under section three thousand three hundred nine  of  the  public  health
 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.

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