Authorizes the commissioner of health to establish standards for opioid overdose prevention programs; authorizes the administration of an opioid antagonist by nonprofessional in case of an overdose; requires death certificates to include information of whether a person died of an opioid overdose.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7162A
TITLE OF BILL: An act to amend the public health law, in relation to
opioid overdose prevention
PURPOSE OR GENERAL IDEA OF BILL: This bill would require DOH to estab-
lish standards of opioid overdose prevention programs and would also
establish opioid antagonists as first aid or emergency treatment for the
purpose of any statute relating to liability. The bill would also
require DOH to publish findings on statewide opioid overdose data.
SUMMARY OF SPECIFIC PROVISIONS: The bill would require DOH to estab-
lish standards for approval of any opioid overdose prevention program
which may include, standards for directors, clinical oversight, train-
ing, record keeping and reporting.
This bill would also make persons who administer an opioid antagonist
immune from civil liability or criminal prosecution if they provide
overdose treatment in a good faith manner to a person experiencing a
drug overdose and would establish opioid antagonists as first aid or
emergency treatment for the purpose of any statute relating to liabil-
The bill also requires the commissioner of DOH to publish findings on
statewide opioid overdose data including the age, gender, and geographic
location of persons overdosing as well as data on emergency room and
pre-hospital utilization of services.
JUSTIFICATION: The number of fatal drug overdoses in some cities has
reached crisis proportions, which is especially tragic since timely and
appropriate treatment to an overdose victim will often save their life.
This is especially true today, as advances in medicine have yielded
medications that, if administered in a timely manner, greatly reduce the
incidence of fatal overdose. This bill will establish opioid antagonists
as an effective treatment for overdose thereby increasing their use and
will gather data on overdoses throughout the state.
PRIOR LEGISLATIVE HISTORY: None.
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect April 1, 2006; provided,
that the commissioner of the DOH is authorized to promulgate any and all
rules and regulations and take any other measures necessary to implement
this act on its effective date on or before such date.
STATE OF NEW YORK
Cal. No. 481
2005-2006 Regular Sessions
April 7, 2005
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Alcoholism and Drug Abuse -- amended on the special order of
third reading, ordered reprinted as amended, retaining its place on
the special order of third reading
AN ACT to amend the public health law, in relation to opioid overdose
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 3309 to read as follows:
3 § 3309. Opioid overdose prevention. 1. The commissioner is authorized
4 to establish standards for approval of any opioid overdose prevention
5 program which may include, but not be limited to, standards for program
6 directors, appropriate clinical oversight, training, record keeping and
8 2. Notwithstanding any inconsistent provisions of section sixty-five
9 hundred twelve of the education law or any other law, the purchase,
10 acquisition, possession or use of an opioid antagonist pursuant to this
11 section shall not constitute the unlawful practice of a profession or
12 other violation under title eight of the education law or this article.
13 3. Use of an opioid antagonist pursuant to this section shall be
14 considered first aid or emergency treatment for the purpose of any stat-
15 ute relating to liability.
16 4. The commissioner shall publish findings on statewide opioid over-
17 dose data that reviews overdose death rates and other information to
18 ascertain changes in the cause and rates of fatal opioid overdoses. The
19 report may be part of existing state mortality reports issued by the
20 department, and shall be submitted annually for three years and as
21 deemed necessary by the commissioner thereafter, to the governor, the
22 temporary president of the senate and the speaker of the assembly. The
23 report shall include, at a minimum, the following information:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 7162--A 2
1 (a) information on opioid overdose deaths, including age, gender,
2 ethnicity, and geographic location;
3 (b) data on emergency room utilization for the treatment of opioid
5 (c) data on utilization of pre-hospital services;
6 (d) suggested improvements in data collection.
7 § 2. Subdivision 4 of section 4141 of the public health law is amended
8 by adding a new paragraph (d) to read as follows:
9 (d) Where a death is caused by an opioid overdose, such information
10 shall be indicated, including any related information as the commission-
11 er may require.
12 § 3. This act shall take effect April 1, 2006; provided, however, that
13 the commissioner of health is authorized to promulgate any and all rules
14 and regulations and take any other measures necessary to implement this
15 act on its effective date on or before such date.