§ 3309 — Opioid overdose prevention

§ 3309. Opioid overdose prevention. 1. The commissioner is authorized\nto establish standards for approval of any opioid overdose prevention\nprogram, and opioid antagonist prescribing, dispensing, distribution,\npossession and administration pursuant to this section which may\ninclude, but not be limited to, standards for program directors,\nappropriate clinical oversight, training, record keeping and reporting.\n 2. Notwithstanding any inconsistent provisions of section sixty-five\nhundred twelve of the education law or any other law, the purchase,\nacquisition, possession or use of an opioid antagonist pursuant to this\nsection shall not constitute the unlawful practice of a profession or\nother violation under title eight of the education law or this article.\n 3. (a) As used in this section:\n (i) "Opioid antagonist" means a drug approved by the Food and Drug\nAdministration that, when administered, negates or neutralizes in whole\nor in part the pharmacological effects of an opioid in the body. "Opioid\nantagonist" shall be limited to naloxone and other medications approved\nby the department for such purpose.\n (ii) "Health care professional" means a person licensed, registered or\nauthorized pursuant to title eight of the education law to prescribe\nprescription drugs.\n (iii) "Pharmacist" means a person licensed or authorized to practice\npharmacy pursuant to article one hundred thirty-seven of the education\nlaw.\n (iv) "Opioid antagonist recipient" or "recipient" means a person at\nrisk of experiencing an opioid-related overdose, or a family member,\nfriend or other person in a position to assist a person experiencing or\nat risk of experiencing an opioid-related overdose, or an organization\nregistered as an opioid overdose prevention program pursuant to this\nsection or any person or entity or any person employed by the person or\nentity.\n (v) As used in this section, "entity" includes, but is not limited to,\na school district, public library, board of cooperative educational\nservices, county vocational education and extension board, charter\nschool, non-public elementary or secondary school, restaurant, bar,\nretail store, shopping mall, barber shop, beauty parlor, theater,\nsporting or event center, inn, hotel or motel.\n (vi) "Nightlife establishment" means an establishment that is open to\nthe public for entertainment or leisure, serves alcohol or where alcohol\nis consumed on the premises, and conducts a large volume of business at\nnight. Such term includes, but is not limited to, bars, entertainment\nvenues, clubs and restaurants.\n (b)(i) A health care professional may prescribe by a patient-specific\nor non-patient-specific prescription, dispense or distribute, directly\nor indirectly, an opioid antagonist to an opioid antagonist recipient.\n (ii) A pharmacist may dispense an opioid antagonist, through a\npatient-specific or non-patient-specific prescription pursuant to this\nparagraph, to an opioid antagonist recipient.\n (iii) An opioid antagonist recipient may possess an opioid antagonist\nobtained pursuant to this paragraph, may distribute such opioid\nantagonist to a recipient, and may administer such opioid antagonist to\na person the recipient reasonably believes is experiencing an opioid\noverdose.\n (iv) The provisions of this paragraph shall not be deemed to require a\nprescription for any opioid antagonist that does not otherwise require a\nprescription; nor shall it be deemed to limit the authority of a health\ncare professional to prescribe, dispense or distribute, or of a\npharmacist to dispense, an opioid antagonist under any other provision\nof law.\n (v) Any pharmacy with twenty or more locations in the state, shall\neither: (1) pursue or maintain a non-patient-specific prescription with\nan authorized health care professional to dispense an opioid antagonist\nto a consumer upon request, as authorized by this section; or (2)\nregister with the department as an opioid overdose prevention program.\n 3-a. Any distribution of opioid antagonists through this program shall\ninclude an informational card or sheet, and fentanyl test strips. The\ninformational card or sheet shall include, at a minimum, information on:\n (a) how to recognize symptoms of an opioid overdose;\n (b) steps to take prior to and after an opioid antagonist is\nadministered, including calling first responders;\n (c) the number for the toll free office of addiction services and\nsupports' HOPE line;\n (d) how to access the office of addiction services and supports'\nwebsite;\n (e) the application of good samaritan protections provided in section\nthree thousand-a of this chapter;\n (f) any other information deemed relevant by the commissioner; and\n (g) information about fentanyl test strips and their uses.\n The educational card shall be provided in languages other than English\nas deemed appropriate by the commissioner. The department shall make\nsuch informational cards available to the opioid overdose prevention\nprograms.\n 4. (a) Use of an opioid antagonist pursuant to this section shall be\nconsidered first aid or emergency treatment for the purpose of any\nstatute relating to liability.\n (b) A recipient, opioid overdose prevention program, person or entity,\nor any person employed by the person or entity, acting reasonably and in\ngood faith in compliance with this section, shall not be subject to\ncriminal, civil or administrative liability solely by reason of such\naction.\n 5. The commissioner shall publish findings on statewide opioid\noverdose data that reviews overdose death rates and other information to\nascertain changes in the cause and rates of opioid overdoses, including\nfatal opioid overdoses. The report shall be submitted annually, on or\nbefore October first, to the governor, the temporary president of the\nsenate, the speaker of the assembly and the chairs of the senate and\nassembly health committees, and shall be made public on the department's\ninternet website. The report shall include, at a minimum, the following\ninformation on a county basis:\n (a) information on opioid overdoses and opioid overdose deaths,\nincluding age, gender, ethnicity, and geographic location;\n (b) data on emergency room utilization for the treatment of opioid\noverdose;\n (c) data on utilization of pre-hospital services;\n (d) data on the dispensing and utilization of opioid antagonists; and\n (e) any other information necessary to ascertain the success of the\nprogram, areas of the state which are experiencing particularly high\nrates of overdoses, ways to determine if services, resources and\nresponses in particular areas of the state are having a positive impact\non reducing overdoses, and ways to further reduce overdoses.\n * 6. The commissioner shall provide the current information and data\nspecified by each type of drug included in the report required by\nsubdivision five of this section to each county every three months. The\noffice of addiction services and supports website shall include a\nhyperlink to such information and data which may be utilized by a county\nor any combination thereof as it works to address the opioid epidemic.\n * NB Repealed March 31, 2027\n 7. With the first prescription to a particular patient of an opioid of\neach year for use in a setting other than a general hospital or nursing\nhome under article twenty-eight of this chapter or facility under\narticle thirty-one of the mental hygiene law, or when a practitioner is\nprescribing a controlled substance to a patient under the care of\nhospice as defined by section four thousand two of this chapter, the\nprescriber shall prescribe an opioid antagonist when any of the\nfollowing risk factors are present: (a) a history of substance use\ndisorder; (b) high dose or cumulative prescriptions that result in\nninety morphine milligram equivalents or higher per day; (c) concurrent\nuse of opioids and benzodiazepine or nonbenzodiazepine sedative\nhypnotics.\n 8. The commissioner shall establish guidelines for onsite opioid\noverdose response capacity in nightlife establishments.\n 9. The commissioner shall, in full accordance with the standards,\npowers and authorizations established by this section, coordinate with\nthe commissioner of general services to effectuate the duty established\nby subdivision two-a of section one hundred forty of the public\nbuildings law to equip public institutions and buildings with opioid\nantagonists.\n