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History
- Recommit, enacting clause stricken
- Referred to health
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S3446
Title of bill
An act to amend the public health law, in relation to opioid overdose prevention
Purpose
To permit a school nurse who has been trained in an opioid overdose prevention program to administer an opioid antagonist to an overdose victim.
Summary of provisions
Section 1 adds a new subdivision to section 3309 of the public health law to allow a school nurse having undertaken training in an opioid overdose prevention program approved pursuant to the public health law, may administer, either directly or indirectly, an opioid antagonist to an opioid antagonist recipient.
Section 2 further amends section 3309 of the public health law, as amended by chapter 42 of the laws of 2014. to define "school nurse" as a person licensed or authorized to practice nursing pursuant to section 6905 of the education law
Existing law
Public Health Law section 3309 requires the Department of Health to establish standards for these Opioid Overdose Prevention Programs. The law's implementing regulations, 10 NYC RR 80.138, states that the law is intended to apply to "individuals other than licensed health care professionals."
Justification
New York is confronting a rapidly growing problem involving the use, abuse and trafficking of heroin and prescription painkillers. Without question, the dramatic escalation in heroin and opioid abuse poses a clear and present threat to the health, safety and well-being of New Yorkers. Heroin abuse is now a public health epidemic requiring proactive policy action to address the increase and mitigation its consequences.
Opioid antagonists have proven highly effective in saving lives in the event of an overdose by heroin or other opioids. If left unchecked, a heroin overdose typically leads to respiratory problems, cardiac arrhythmia and eventually death. Opioid antagonists help counteract this death spiral. Ensuring the safe and effective administration of opioid antagonists is a priority.
According to a June 2014 State Education Guidance Memo, "SED and DOH have agreed that this law and its implementing regulations were not intended to apply to school nurses." It further states "Currently neither New York State Public Health Law Section 3309 nor the nurse's scope of professional practice allow a school nurse ....to administer an opioid antagonist. The school nurses who have already received training in the administration of opioid antagonists, and are in possession of such, may administer the medication in a life and death
emergency to a student with a known or suspected overdose," however "such administration may not be immune from civil liability under NYS Public Health Law Section 3309 and 10 NYCRR 80.138."
Legislative history
New bill
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.