STATE OF NEW YORK
________________________________________________________________________
8259
IN SENATE
April 29, 2020
___________
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Alcoholism and Substance
Abuse
AN ACT to amend the public health law, in relation to authorizing the
use of opioid antagonists by persons or entities for opioid overdose
prevention
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (iv) of paragraph (a) of subdivision 3 of
2 section 3309 of the public health law, as amended by chapter 68 of the
3 laws of 2016, is amended and a new subparagraph (v) is added to read as
4 follows:
5 (iv) "Opioid antagonist recipient" or "recipient" means a person at
6 risk of experiencing an opioid-related overdose, or a family member,
7 friend or other person in a position to assist a person experiencing or
8 at risk of experiencing an opioid-related overdose, or an organization
9 registered as an opioid overdose prevention program pursuant to this
10 section or [a school district, public library, board of cooperative
11 educational services, county vocational education and extension board,
12 charter school, non-public elementary and/or secondary school in this
13 state] any person or entity or any person employed by [such district,
14 library board or school] the person or entity.
15 (v) As used in this section, "entity" includes, but is not limited to,
16 a school district, public library, board of cooperative educational
17 services, county vocational education and extension board, charter
18 school, non-public elementary or secondary school, restaurant, bar,
19 retail store, shopping mall, barber shop, beauty parlor, theater, sport-
20 ing or event center, inn, hotel or motel.
21 § 2. Subdivision 4 of section 3309 of the public health law, as
22 amended by chapter 68 of the laws of 2016, is amended to read as
23 follows:
24 4. (a) Use of an opioid antagonist pursuant to this section shall be
25 considered first aid or emergency treatment for the purpose of any stat-
26 ute relating to liability.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10802-07-0
S. 8259 2
1 (b) A recipient, opioid overdose prevention program, [school district,
2 public library, board of cooperative educational services, county voca-
3 tional education and extension board, charter school, non-public elemen-
4 tary school and/or secondary school in the state] person or entity, or
5 any person employed by [such district, public library, board or school
6 under this section] the person or entity, acting reasonably and in good
7 faith in compliance with this section, shall not be subject to criminal,
8 civil or administrative liability solely by reason of such action.
9 § 3. This act shall take effect immediately.
