What's happening
This bill allows public accommodations like businesses and hotels to possess and use opioid antagonists for overdose prevention, with legal protections.
Why it matters
Expanding access to life-saving interventions. By allowing a wide range of public businesses (like restaurants, hotels, and retail stores) to possess and use opioid antagonists, the bill dramatically increases the locations where overdose reversal drugs (such as naloxone) can be available, potentially saving lives in more public settings.
Legal protection for businesses and staff. The legislation grants immunity from criminal, civil, or administrative liability to businesses and their employees when they act reasonably and in good faith to administer opioid antagonists, reducing fears of lawsuits and encouraging more participation in overdose prevention.
Normalizing overdose preparedness. By explicitly naming businesses as eligible recipients of opioid antagonists, the bill helps destigmatize overdose response and encourages the view that opioid overdoses are a public health issue that can happen anywhere, not just in medical or social service settings.
Potential for broader community training and engagement. As more public accommodations obtain and use opioid antagonists, there may be increased demand for staff training and public education on overdose response, further embedding harm reduction practices in everyday community environments.
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Who cares
Headline styles
Allow Naloxone in Public Places
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to health
- Delivered to assembly
- Passed senateVote 61–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.68
- Referred to alcoholism and substance abuse
- Returned to senate
- Died in assembly
- Referred to health
- Delivered to assembly
- Passed senateVote 62–0
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1030
- Referred to alcoholism and substance abuse
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5457
2019-2020 Regular Sessions
IN SENATE
May 1, 2019
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Alcoholism and Substance Abuse
AN ACT to amend the public health law, in relation to authorizing the use of opioid antagonists by public accommodations for opioid overdose prevention
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (iv) of paragraph (a) of subdivision 3 of section 3309 of the public health law, as amended by chapter 68 of the laws of 2016, is amended and a new subparagraph (v) is added to read as follows:
(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 a public accommodation, school district, public library, board of cooperative educational services, county vocational education and extension board, charter school, non-public elementary and/or secondary school in this state or any person employed by such public accommodation, district, library, board or school.
(v) "Public accommodation" means a public or private business that is open to the public, including, but not limited to, restaurants, bars, retail stores, shopping malls, barber shops, beauty parlors, theaters, sporting or event centers, inns, hotels, and motels.
§ 2. Subdivision 4 of section 3309 of the public health law, as amended by chapter 68 of the laws of 2016, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10802-02-9
S. 5457 2
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, public accommodation, school district, public library, board of cooperative educational services, county vocational education and extension board, charter school, non-public elementary school and/or secondary school in the state, or any person employed by such public accommodation, district, public library, board or school under this section, 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.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to authorizing the use of opioid antagonists by public accommodations for opioid overdose prevention
Purpose or general idea of bill
Relates to expanding the entities authorized to possess, distribute, and administer an opioid antagonist to reverse an opioid-related overdose to public accommodations such as; restaurants, bars, and retail establish- ments to the list of entities protected from legal liability.
Summary of provisions
Section 1 amends all relevant terms to include "public accommodations" and defines what "public accommodation" would mean in relation to this act
Section 2 amends subdivision 4 of section 3309 of the public health law to include public accommodations in the list of entities protected from legal liability
Section 3 this act shall take effect immediately
Justification
Opioid-related overdose deaths frequently occur in spaces that are open to the public. Yet unfortunately, many of these public accommodation industries including; restaurants, retail stores, event centers and hotels err on the side of caution and restrict the administration of naloxone on their premises due to the concern that they may not be covered by the current Good Samaritan law.
To alleviate this fear, this legislation will clarify the application of the law to explicitly extend protection from legal liability to public businesses defined in this act.
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.