New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter K - Controlled Substances › Part 80 - Rules and Regulations on Controlled Substances › Toxic Vapors, Hypodermic Syringes and Needles › Section 80.138 - Opioid overdose prevention programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Definitions.
(1)
Opioid
means an opiate
					 as defined in section 3302  of the Public Health Law.
(2)
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. The opioid antagonist is limited to naloxone or other
					 medications approved by the department for this purpose.
(3)
Opioid Overdose Prevention
					 Program
means a program the purpose of which is to train individuals
					 to prevent a fatal opioid overdose in accordance with these
					 regulations.
(4)
Opioid
					 overdose prevention training curriculum
refers to any set of
					 instructions, consistent with guidance from the department, which provides a
					 person encountering a suspected opioid overdose with the steps to take for
					 preventing a fatality, including contacting emergency medical services,
					 administering an opioid antagonist and, where appropriate, providing
					 resuscitation.
(5)
Registered provider
for the purposes of this section shall
					 mean any of the following that have the services of both a program director and
					 a clinical director and that have registered with the department pursuant to
					 subdivision (b) of this section:
(i) a health
					 care facility licensed under the Public Health Law;
(ii) a physician, physician assistant, or
					 nurse practitioner who is authorized to prescribe the use of an opioid
					 antagonist;
(iii) a drug treatment
					 program licensed under the Mental Hygiene Law;
(iv) a not-for-profit community-based
					 organization incorporated under the Not-for-Profit Corporation Law;
(v) a local health department, public safety
					 agency, or other local or State government agency;
(vi) an institution of higher education,
					 recognized and approved by the regents of the university of the State of New
					 York, which provides a course of study leading to the granting of a
					 post-secondary degree or diploma;
(vii) a business, trade, technical or other
					 occupational school approved as such by the regents of the university of the
					 State of New York or accredited by a nationally recognized accrediting agency
					 or association accepted as such by the regents of the State of New York;
					 and
(viii) a pharmacy registered in
					 accordance with the article 137 of the Education Law.
(6)
Program director
means
					 an individual who is identified to manage and have overall responsibility for
					 the Opioid Overdose Prevention Program.
(7)
Clinical director
means
					 a physician, physician assistant or nurse practitioner who is designated in an
					 Opioid Overdose Prevention Program's registration for prescribing an opioid
					 antagonist to individual or an identifiable pool of trained overdose responders
					 and who provides oversight of the clinical aspects of the Opioid Overdose
					 Prevention Program. This oversight includes serving as a clinical advisor and
					 liaison concerning medical issues related to the Opioid Overdose Prevention
					 Program, providing consultation on training and reviewing reports of all
					 administrations of an opioid antagonist.
(8)
Affiliated prescriber
means a physician, physician assistant or nurse practitioner, who, in addition
					 to the clinical director, is designated in an Opioid Overdose Prevention
					 Program's registration for prescribing an opioid antagonist to individual or an
					 identifiable pool of trained overdose responders.
(9)
Trained overdose
					 responder
means any individual not otherwise permitted by law to
					 administer an opioid antagonist, who is either:
(i) an opioid antagonist recipient as defined
					 in PHL section 3309 who has successfully completed an opioid overdose
					 prevention training curriculum offered by an authorized opioid overdose
					 prevention program and has been authorized by a registered provider to possess
					 the opioid antagonist;
(ii) a
					 public safety officer who has completed a curriculum approved by the division
					 of criminal justice services for purposes of intervening in opioid overdoses
					 prior to the arrival of emergency medical services; or
(iii) a firefighter who has completed a
					 comparable curriculum approved by the department.