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A07812 Summary:

BILL NOA07812A
 
SAME ASSAME AS S08259
 
SPONSORRosenthal L
 
COSPNSRMosley
 
MLTSPNSR
 
Amd §3309, Pub Health L
 
Authorizes the use of opioid antagonists by persons or entities for opioid overdose prevention; defines "entity".
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A07812 Actions:

BILL NOA07812A
 
05/23/2019referred to health
01/08/2020referred to health
01/28/2020amend (t) and recommit to health
01/28/2020print number 7812a
02/04/2020reported referred to codes
02/25/2020reported
02/27/2020advanced to third reading cal.429
03/02/2020passed assembly
03/02/2020delivered to senate
03/02/2020REFERRED TO HEALTH
07/22/2020SUBSTITUTED FOR S8259
07/22/20203RD READING CAL.853
07/22/2020PASSED SENATE
07/22/2020RETURNED TO ASSEMBLY
08/12/2020delivered to governor
08/24/2020signed chap.148
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A07812 Memo:

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.
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A07812 Text:



 
                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.
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