NY Pub Health L § 3309 (2021)
2021 New York Laws PBH - Public Health Article 33 - Controlled Substances Title 1 - General Provisions 3309 - Opioid Overdose Prevention.

§  3309. Opioid overdose prevention. 1. The commissioner is authorized to establish standards for approval of any  opioid  overdose  prevention program,  and  opioid  antagonist prescribing, dispensing, distribution, possession  and  administration  pursuant  to  this  section  which  may include,  but  not  be  limited  to,  standards  for  program directors, appropriate clinical oversight, training, record keeping and reporting.   2. Notwithstanding any inconsistent provisions of  section  sixty-five hundred  twelve  of  the  education  law or any other law, the purchase, acquisition, possession or use of an opioid antagonist pursuant to  this section  shall  not  constitute the unlawful practice of a profession or other violation under title eight of the education law or this article.   3. (a) As used in this section:  (i) "Opioid antagonist" means a drug approved by  the  Food  and  Drug Administration  that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body. "Opioid antagonist" shall be limited to naloxone and other medications  approved by the department for such purpose.  (ii) "Health care professional" means a person licensed, registered or authorized  pursuant  to  title  eight of the education law to prescribe prescription drugs.  (iii) "Pharmacist" means a person licensed or authorized  to  practice pharmacy  pursuant  to article one hundred thirty-seven of the education law.  (iv) "Opioid antagonist recipient" or "recipient" means  a  person  at risk  of  experiencing  an  opioid-related overdose, or a family member, friend or other person in a position to assist a person experiencing  or at  risk  of experiencing an opioid-related overdose, or an organization registered as an opioid overdose prevention  program  pursuant  to  this section  or any person or entity or any person employed by the person or entity.  (v) As used in this section, "entity" includes, but is not limited to, a school district, public  library,  board  of  cooperative  educational services,  county  vocational  education  and  extension  board, charter school, non-public elementary  or  secondary  school,  restaurant,  bar, retail  store,  shopping  mall,  barber  shop,  beauty  parlor, theater, sporting or event center, inn, hotel or motel.  (b)(i) A health care professional may prescribe by a  patient-specific or  non-patient-specific  prescription, dispense or distribute, directly or indirectly, an opioid antagonist to an opioid antagonist recipient.  (ii) A  pharmacist  may  dispense  an  opioid  antagonist,  through  a patient-specific  or  non-patient-specific prescription pursuant to this paragraph, to an opioid antagonist recipient.  (iii) An opioid antagonist recipient may possess an opioid  antagonist obtained   pursuant  to  this  paragraph,  may  distribute  such  opioid antagonist to a recipient, and may administer such opioid antagonist  to a  person  the  recipient  reasonably believes is experiencing an opioid overdose.  (iv) The provisions of this paragraph shall not be deemed to require a prescription for any opioid antagonist that does not otherwise require a prescription; nor shall it be deemed to limit the authority of a  health care  professional  to  prescribe,  dispense  or  distribute,  or  of  a pharmacist to dispense, an opioid antagonist under any  other  provision of law.  (v)  Any  pharmacy  with  twenty or more locations in the state, shall either: (1) pursue or maintain a non-patient-specific prescription  with an  authorized health care professional to dispense an opioid antagonist to a consumer upon request,  as  authorized  by  this  section;  or  (2) register with the department as an opioid overdose prevention program.    3-a. Any distribution of opioid antagonists through this program shall include  an informational card or sheet. The informational card or sheet shall include, at a minimum, information on:  (a) how to recognize symptoms of an opioid overdose;  (b)  steps  to  take  prior  to  and  after  an  opioid  antagonist is administered, including calling first responders;  (c) the number for the toll free office of  alcoholism  and  substance abuse services HOPE line;  (d)  how  to  access  the  office  of  alcoholism  and substance abuse services' website;  (e) the application of good samaritan protections provided in  section three thousand-a of this chapter; and  (f) any other information deemed relevant by the commissioner.   The educational card shall be provided in languages other than English as  deemed  appropriate  by  the commissioner. The department shall make such informational cards available to  the  opioid  overdose  prevention programs.   4.  (a)  Use of an opioid antagonist pursuant to this section shall be considered first aid or emergency  treatment  for  the  purpose  of  any statute relating to liability.  (b) A recipient, opioid overdose prevention program, person or entity, or any person employed by the person or entity, acting reasonably and in good  faith  in  compliance  with  this section, shall not be subject to criminal, civil or administrative liability solely  by  reason  of  such action.   5.  The  commissioner  shall  publish  findings  on  statewide  opioid overdose data that reviews overdose death rates and other information to ascertain changes in the cause and rates of opioid overdoses,  including fatal  opioid  overdoses.  The report shall be submitted annually, on or before October first, to the governor, the temporary  president  of  the senate,  the  speaker  of  the assembly and the chairs of the senate and assembly health committees, and shall be made public on the department's internet website. The report shall include, at a minimum, the  following information on a county basis:  (a)  information  on  opioid  overdoses  and  opioid  overdose deaths, including age, gender, ethnicity, and geographic location;  (b) data on emergency room utilization for  the  treatment  of  opioid overdose;  (c) data on utilization of pre-hospital services;  (d) data on the dispensing and utilization of opioid antagonists; and  (e)  any  other  information necessary to ascertain the success of the program, areas of the state which  are  experiencing  particularly  high rates  of  overdoses,  ways  to  determine  if  services,  resources and responses in particular areas of the state are having a positive  impact on reducing overdoses, and ways to further reduce overdoses.   * 6.  The  commissioner shall provide the current information and data specified in subdivision five of this section to each county every three months. Such information and data may be utilized by  a  county  or  any combination thereof as it works to address the opioid epidemic.   * NB Repealed March 31, 2026