N.Y. Public Health Law § 3309: Opioid overdose prevention

§ 3309. Opioid overdose prevention. 1. The commissioner is authorized

to establish standards for approval of any opioid overdose prevention

program, 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,

appropriate clinical oversight, training, record keeping and reporting.

2. Notwithstanding any inconsistent provisions of section sixty-five

hundred twelve of the education law or any other law, the purchase,

acquisition, possession or use of an opioid antagonist pursuant to this

section shall not constitute the unlawful practice of a profession or

other violation under title eight of the education law or this article.

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.

(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 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,

sporting or event center, inn, hotel or motel.

(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.

(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

antagonist to a recipient, and may administer such opioid antagonist to

a person the 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

pharmacist 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)

register with the department as an opioid overdose prevention program.

3-a. Any distribution of opioid antagonists through this program shall

include an informational card or sheet, and fentanyl test strips. The

informational card or sheet shall include, at a minimum, information on:

(a) how to recognize symptoms of an opioid overdose;

(b) steps to take prior to and after an opioid antagonist is

administered, including calling first responders;

(c) the number for the toll free office of addiction services and

supports' HOPE line;

(d) how to access the office of addiction services and supports'

website;

(e) the application of good samaritan protections provided in section

three thousand-a of this chapter;

(f) any other information deemed relevant by the commissioner; and

(g) information about fentanyl test strips and their uses.

The educational card shall be provided in languages other than English

as deemed appropriate by the commissioner. The department shall make

such informational cards available to the opioid overdose prevention

programs.

4. (a) Use of an opioid antagonist pursuant to this section shall be

considered first aid or emergency treatment for the purpose of any

statute relating to liability.

(b) A recipient, 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.

5. The commissioner shall publish findings on statewide opioid

overdose data that reviews overdose death rates and other information to

ascertain changes in the cause and rates of opioid overdoses, including

fatal opioid overdoses. The report shall be submitted annually, on or

before October first, to the governor, the temporary president of the

senate, the speaker of the assembly and the chairs of the senate and

assembly health committees, and shall be made public on the department's

internet website. The report shall include, at a minimum, the following

information on a county basis:

(a) information on opioid overdoses and opioid overdose deaths,

including age, gender, ethnicity, and geographic location;

(b) data on emergency room utilization for the treatment of opioid

overdose;

(c) data on utilization of pre-hospital services;

(d) data on the dispensing and utilization of opioid antagonists; and

(e) any other information necessary to ascertain the success of the

program, areas of the state which are experiencing particularly high

rates of overdoses, ways to determine if services, resources and

responses in particular areas of the state are having a positive impact

on reducing overdoses, and ways to further reduce overdoses.

* 6. The commissioner shall provide the current information and data

specified by each type of drug included in the report required by

subdivision five of this section to each county every three months. The

office of addiction services and supports website shall include a

hyperlink to such information and data which may be utilized by a county

or any combination thereof as it works to address the opioid epidemic.

* NB Repealed March 31, 2027

7. With the first prescription to a particular patient of an opioid of

each year for use in a setting other than a general hospital or nursing

home under article twenty-eight of this chapter or facility under

article thirty-one of the mental hygiene law, or when a practitioner is

prescribing a controlled substance to a patient under the care of

hospice as defined by section four thousand two of this chapter, the

prescriber shall prescribe an opioid antagonist when any of the

following risk factors are present: (a) a history of substance use

disorder; (b) high dose or cumulative prescriptions that result in

ninety morphine milligram equivalents or higher per day; (c) concurrent

use of opioids and benzodiazepine or nonbenzodiazepine sedative

hypnotics.

8. The commissioner shall establish guidelines for onsite opioid

overdose response capacity in nightlife establishments.

9. The commissioner shall, in full accordance with the standards,

powers and authorizations established by this section, coordinate with

the commissioner of general services to effectuate the duty established

by subdivision two-a of section one hundred forty of the public

buildings law to equip public institutions and buildings with opioid

antagonists.