Provides for the use of opioid antagonists in schools

7 Co-sponsors

• Phil Boyle
• David Carlucci
• Simcha Felder
• Kathleen A. Marchione
• Terrence P. Murphy
• Robert Ortt
• Catharine Young

Title of bill

An act to amend the public health law and the education law, in relation to providing for the use of opioid antagonists in schools for opioid overdose prevention

Purpose

Allows for the possession and use of an opioid antagonist (naloxone) in schools to assist a person believed to be experiencing on opioid overdoes and provides such schools with good samaritan protections against criminal, civil and administrative liability.

Summary of provisions

Sections 1 and 2 amend section 3309 of the public health law as added by a chapter 42 of the laws of 2014 relating to use of opioid antagonists to allow school districts, BOCES, county vocational education and extension boards, charter schools, non-public elementary and/or secondary schools or any person employed by them to possess and administer an opioid antagonist, also known as naloxone, to someone they reasonably believe is experiencing an opioid overdoes and provides that if they act in good faith under the section they shall not be subject to criminal, civil or administrative liability solely by reason of such action.

Section 3 of the bill renumbers subdivision 3 of section 3309 of the Public Health Law to subdivision 3-a.

Section 4 adds a new section 922 to the education law entitled opioid overdose prevention allowing schools as described in the public health law amendments in section 1 and 2 of the bill to provide opioid antagonists in each instructional school facility in quantities and types deemed to be adequate to ensure access by the commissioner of education in consultation with the commissioner of health and to provide that such schools may administer opioid antagonists in the event of an overdose pursuant to section 3309 of the public health law.

Section 5 provides an immediate effective date.

Justification

New York State, like the nation, is in the midst of a severe prescription drug crisis. Prescriptions for opioids, particularly oxycodone and hydrocodone have skyrocketed. The Centers for Disease Control and Prevention reports that every 19 minutes, one person dies from an accidental overdose or suicide as a result of prescription drug abuse. In 2012, the legislature enacted the seminal I-STOP legislation to track controlled substance prescribing, prevent doctor shopping and weed out unscrupulous doctors. One unfortunate side effect of successfully restricting street access to these controlled substances, is that addicts are turning to other drugs, such as heroin. Heroin has now become the cheaper alternative to opioids. On Long Island it is estimated that heroin addiction has increased fourfold since 2011.

The Senate and Assembly passed legislation in 2014, Chapter 42, which expands access to opioid antagonists, also known as naloxone (narcan). These antidotes counteract the life threatening depression of the central nervous system and respiratory system caused by an opioid or heroin overdose if administered in time.

This bill provides schools with the authority to have this life saving antidote on hand and employees to administer it to someone they believe is overdosing. The bill also provides good samaritan protections when naloxone is administered in good faith to prevent an overdose. This bill will allow for wider use and availability of this life saving antidote and, in so doing, save lives.

Legislative history

2014: S.7661

Fiscal implications

None

Effective date

Immediately.