Requires school districts, public libraries, BOCES, county vocational education and extension boards, charter schools, and non-public schools to provide and maintain on-site opioid antagonists; requires the department of health to provide such opioid antagonists to such entities upon request.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8814A
SPONSOR: McDonald TITLE OF BILL:
An act to amend the education law, in relation to expanding opioid over-
dose prevention measures in certain settings
PURPOSE OR GENERAL IDEA OF BILL:
This bill would require school districts, public libraries, boards of
cooperative education services, county vocational education and exten-
sion boards, charter schools and non-public elementary and secondary
schools to stock opioid antagonists.
SUMMARY OF PROVISIONS:
Section 1 amends section 922 of the education law to require certain
entities to stock opioid antagonists. It also requires the department of
health to provide opioid antagonists in an amount sufficient for the
school district at their request.
Section 2 sets the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
This A print includes a provision requiring department of health to
provide opioid antagonists in an amount sufficient for the school
district at their request and makes a technical change the effective
date.
JUSTIFICATION:
Existing state law allows school districts to keep, maintain and admin-
ister opioid antagonists for emergency situations, however, the law does
not require that they do so. New York had approximately 5,388 opioid-re-
lated overdose deaths in 2022 and there was a 68 percent increase in
deaths from 2019 to 2021. Synthetic opioids, particularly fentanyl, were
involved in 78 percent of all drug overdoses in 2021. Not unlike having
EpiPens for allergic reactions or defibrillators for cardiac arrest,
having access to opioid antagonists is a necessary part of being
prepared for medical emergencies in schools and could save lives.
LEGISLATIVE HISTORY:
2025: A.8814 (McDonald) - Referred to Education
FISCAL IMPLICATIONS:
Minimal.
EFFECTIVE DATE:
This act shall take effect on the first of July next succeeding the date
on which it shall have become a law. Effective immediately, the addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized to
be made and completed on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
8814--A
2025-2026 Regular Sessions
IN ASSEMBLY
June 9, 2025
___________
Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee on Education -- recommitted to the Committee on Education 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 education law, in relation to expanding opioid over-
dose prevention measures in certain settings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 922 of the education law, as amended by chapter 68
2 of the laws of 2016, is amended to read as follows:
3 § 922. Opioid overdose prevention. 1. School districts, public
4 libraries, boards of cooperative educational services, county vocational
5 education and extension boards, charter schools, and non-public elemen-
6 tary and secondary schools in this state [may] shall provide and main-
7 tain on-site in each instructional school facility or library, opioid
8 antagonists, as defined in section three thousand three hundred nine of
9 the public health law, in quantities and types deemed by the commission-
10 er, in consultation with the commissioner of health, to be adequate to
11 ensure ready and appropriate access for use during emergencies to any
12 student, individual on library premises or staff suspected of having
13 opioid overdose whether or not there is a previous history of opioid
14 abuse.
15 2. School districts, public libraries, boards of cooperative educa-
16 tional services, county vocational education and extension boards, char-
17 ter schools, and non-public elementary and secondary schools in this
18 state [may] shall elect to participate as an opioid antagonist recipient
19 and any person employed by any such entity that has elected to partic-
20 ipate may administer an opioid antagonist in the event of an emergency,
21 provided that such person shall have been trained by a program approved
22 under section three thousand three hundred nine of the public health
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13224-02-6
A. 8814--A 2
1 law. Any school district, public library, board of cooperative educa-
2 tional services, county vocational education and extension board, char-
3 ter school, and non-public elementary and secondary school that has
4 employees trained in accordance with this section shall comply with the
5 requirements of section three thousand three hundred nine of the public
6 health law including, but not limited to, appropriate clinical over-
7 sight, record keeping and reporting. No person shall be required to
8 participate in the program and any participation by an individual shall
9 be voluntary.
10 3. (a) Upon the request of a school district, public library, board of
11 cooperative educational services, county vocational education and exten-
12 sion board, charter school, or non-public elementary and secondary
13 school in this state, the department of health shall provide, at no cost
14 to the recipient and in accordance with the standards, powers and
15 authorizations established by section three thousand three hundred nine
16 of the public health law, opioid antagonists in an amount sufficient for
17 the school district, public library, board of cooperative educational
18 services, county vocational education and extension board, charter
19 school, or non-public elementary and secondary school in this state to
20 be in compliance with this section.
21 (b) The commissioner of health shall establish a process by which a
22 school district, public library, board of cooperative educational
23 services, county vocational education and extension board, charter
24 school, or non-public elementary and secondary school in this state may
25 request such opioid antagonists from the department of health.
26 (c) Nothing in this subdivision shall be construed to limit the
27 authority of any such entity to otherwise acquire opioid antagonists
28 pursuant to section three thousand three hundred nine of the public
29 health law or to receive opioid antagonists through its participation as
30 a registered opioid overdose prevention program.
31 § 2. This act shall take effect on the first of July next succeeding
32 the date on which it shall have become a law. Effective immediately, the
33 addition, amendment and/or repeal of any rule or regulation necessary
34 for the implementation of this act on its effective date are authorized
35 to be made and completed on or before such effective date.
