NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9789
SPONSOR: Slater TITLE OF BILL:
An act to amend the public health law, in relation to permitting certain
persons to leave behind opioid antagonists at the location of a known or
suspected opioid overdose
PURPOSE OR GENERAL IDEA OF BILL:
Permits certain persons to leave behind opioid antagonists at the
location of a known or suspected opioid overdose
SUMMARY OF PROVISIONS:
Section 1: Amends the definition of the term "entity" found within
section 3309 of the public health law to specifically include law
enforcement agencies and emergency medical services providers within the
list of entities that can be opioid antagonist recipients.
Section 2: Amends subsection (iii) of subparagraph (b) of paragraph 3 of
section 3309 of the public health law to clarify that an opioid antag-
onist recipient may distribute an opioid antagonist by leaving said
antagonist at the location of a known or suspected opioid overdose.
Section 3: Amends paragraph 4 of section 3309 of the public health law
to establish liability protections for the distribution of an opioid
antagonist.
Section 4: Provides the effective date.
JUSTIFICATION:
Law enforcement and EMS providers are the people most likely to imme-
diately deal with someone experiencing an overdose. As such, it would be
reasonable to assume that they know where an opioid antagonist would be
most useful. Furthermore, it is also true that the faster someone expe-
riencing an overdose receives a dose of the opioid antagonist the better
their chances of survival and recovery are. Therefore, law enforcement
and EMS should have the ability to leave behind opioid antagonists
at-locations they deem necessary and appropriate, such as a location of
a known or suspected overdose.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
9789
IN ASSEMBLY
April 9, 2024
___________
Introduced by M. of A. SLATER -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to permitting certain
persons to leave behind opioid antagonists at the location of a known
or suspected opioid overdose
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (v) of paragraph (a) of subdivision 3 of
2 section 3309 of the public health law, as added by chapter 148 of the
3 laws of 2020, is amended to read as follows:
4 (v) As used in this section, "entity" includes, but is not limited to,
5 a school district, law enforcement agency, emergency medical services
6 provider, public library, board of cooperative educational services,
7 county vocational education and extension board, charter school, non-
8 public elementary or secondary school, restaurant, bar, retail store,
9 shopping mall, barber shop, beauty parlor, theater, sporting or event
10 center, inn, hotel or motel.
11 § 2. Subparagraph (iii) of paragraph (b) of subdivision 3 of section
12 3309 of the public health law, as amended by chapter 42 of the laws of
13 2014, is amended to read as follows:
14 (iii) An opioid antagonist recipient may possess an opioid antagonist
15 obtained pursuant to this paragraph, may distribute such opioid antag-
16 onist to a recipient either directly or by leaving behind an opioid
17 antagonist at the location of a known or suspected opioid overdose, and
18 may administer such opioid antagonist to a person the recipient reason-
19 ably believes is experiencing an opioid overdose.
20 § 3. Paragraph (a) of subdivision 4 of section 3309 of the public
21 health law, as amended by chapter 148 of the laws of 2020, is amended to
22 read as follows:
23 (a) Use or distribution of an opioid antagonist pursuant to this
24 section shall be considered first aid or emergency treatment for the
25 purpose of any statute relating to liability.
26 § 4. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14919-01-4
