NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7812A
SPONSOR: Rosenthal L
 
TITLE OF BILL:
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
 
PURPOSE:
Relates to expanding the entities authorized to possess, distribute, and
administer an opioid antagonist to reverse an opioid-related overdose to
public accommodations such as; restaurants, bars, and retail establish-
ments to the list of entities protected from legal liability.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends subdivision 3 of section 3309 of the public health
law by adding a new subparagraph (v).
Section two amends subdivision 4 of section 3309 of the public health
law.
Section three establishes the effective date.
 
JUSTIFICATION:
Opioid-related overdose deaths frequently occur in spaces that are open
to the public. Yet unfortunately, many of these public accommodation
industries including; restaurants, retail stores, event centers and
hotels err on the side of caution and restrict the administration of
naloxone on their premises due to the concern that they may not be
covered by the current Good Samaritan law.
To alleviate this fear, this legislation will clarify the application of
the law to ensure as many entities as possible are covered under the
Good Samaritan law.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7812--A
2019-2020 Regular Sessions
IN ASSEMBLY
May 23, 2019
___________
Introduced by M. of A. L. ROSENTHAL, MOSLEY -- read once and referred to
the Committee on Health -- recommitted to the Committee on Health in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10802-05-0
A. 7812--A 2
1 § 2. Subdivision 4 of section 3309 of the public health law, as
2 amended by chapter 68 of the laws of 2016, is amended to read as
3 follows:
4 4. (a) Use of an opioid antagonist pursuant to this section shall be
5 considered first aid or emergency treatment for the purpose of any stat-
6 ute relating to liability.
7 (b) A recipient, opioid overdose prevention program, [school district,
8 public library, board of cooperative educational services, county voca-
9 tional education and extension board, charter school, non-public elemen-
10 tary school and/or secondary school in the state] person or entity, or
11 any person employed by [such district, public library, board or school
12 under this section] the person or entity, acting reasonably and in good
13 faith in compliance with this section, shall not be subject to criminal,
14 civil or administrative liability solely by reason of such action.
15 § 3. This act shall take effect immediately.