STATE OF NEW YORK
January 29, 2014
Introduced by M. of A. DINOWITZ, GOTTFRIED, CYMBROWITZ, CLARK, QUART,
GALEF, ROSENTHAL, ORTIZ, SALADINO, MONTESANO, GUNTHER, P. LOPEZ --
Multi-Sponsored by -- M. of A. BRAUNSTEIN, COOK, GIGLIO, HEVESI, McDO-
NALD, PAULIN, PERRY, RIVERA, ROSA, SEPULVEDA -- read once and referred
to the Committee on Health -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to use of opioid
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3309 of the public health law, as added by chapter
2 413 of the laws of 2005, is amended to read as follows:
3 § 3309. Opioid overdose prevention. 1. The commissioner is authorized
4 to establish standards for approval of any opioid overdose prevention
5 program, and opioid antagonist prescribing, dispensing, distribution,
6 possession and administration pursuant to this section which may
7 include, but not be limited to, standards for program directors, appro-
8 priate clinical oversight, training, record keeping and reporting.
9 2. Notwithstanding any inconsistent provisions of section sixty-five
10 hundred twelve of the education law or any other law, the purchase,
11 acquisition, possession or use of an opioid antagonist pursuant to this
12 section shall not constitute the unlawful practice of a profession or
13 other violation under title eight of the education law or this article.
14 3. (a) As used in this section:
15 (i) "Opioid antagonist" means a drug approved by the Food and Drug
16 Administration that, when administered, negates or neutralizes in whole
17 or in part the pharmacological effects of an opioid in the body. "Opioid
18 antagonist" shall be limited to naloxone and other medications approved
19 by the department for such purpose.
20 (ii) "Health care professional" means a person licensed, registered or
21 authorized pursuant to title eight of the education law to prescribe
22 prescription drugs.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 8637--B 2
1 (iii) "Pharmacist" means a person licensed or authorized to practice
2 pharmacy pursuant to article one hundred thirty-seven of the education
4 (iv) "Opioid antagonist recipient" or "recipient" means a person at
5 risk of experiencing an opioid-related overdose, or a family member,
6 friend or other person in a position to assist a person experiencing or
7 at risk of experiencing an opioid-related overdose, or an organization
8 registered as an opioid overdose prevention program pursuant to this
10 (b)(i) A health care professional may prescribe by a patient-specific
11 or non-patient-specific prescription, dispense or distribute, directly
12 or indirectly, an opioid antagonist to an opioid antagonist recipient.
13 (ii) A pharmacist may dispense an opioid antagonist, through a
14 patient-specific or non-patient-specific prescription pursuant to this
15 paragraph, to an opioid antagonist recipient.
16 (iii) An opioid antagonist recipient may possess an opioid antagonist
17 obtained pursuant to this paragraph, may distribute such opioid antag-
18 onist to a recipient, and may administer such opioid antagonist to a
19 person the recipient reasonably believes is experiencing an opioid over-
21 (iv) The provisions of this paragraph shall not be deemed to require a
22 prescription for any opioid antagonist that does not otherwise require a
23 prescription; nor shall it be deemed to limit the authority of a health
24 care professional to prescribe, dispense or distribute, or of a pharma-
25 cist to dispense, an opioid antagonist under any other provision of law.
26 4. Use of an opioid antagonist pursuant to this section shall be
27 considered first aid or emergency treatment for the purpose of any stat-
28 ute relating to liability.
29 [4.] A recipient or opioid overdose prevention program under this
30 section, acting reasonably and in good faith in compliance with this
31 section, shall not be subject to criminal, civil or administrative
32 liability solely by reason of such action.
33 5. The commissioner shall publish findings on statewide opioid over-
34 dose data that reviews overdose death rates and other information to
35 ascertain changes in the cause and rates of fatal opioid overdoses. The
36 report may be part of existing state mortality reports issued by the
37 department, and shall be submitted annually [for three years and as
38 deemed necessary by the commissioner thereafter,] to the governor, the
39 temporary president of the senate [and], the speaker of the assembly,
40 and the chairs of the senate and assembly health committees. The report
41 shall include, at a minimum, the following information:
42 (a) information on opioid overdose deaths, including age, gender,
43 ethnicity, and geographic location;
44 (b) data on emergency room utilization for the treatment of opioid
46 (c) data on utilization of pre-hospital services;
47 (d) [suggested improvements in data collection.] data on utilization
48 of opioid antagonists; and
49 (e) any other information necessary to ascertain the success of the
50 program and ways to further reduce overdoses.
51 § 2. This act shall take effect immediately.