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S5457Senate2019-2020 Session

Allow Naloxone in Public Places

Official title

“Authorizes the use of opioid antagonists by public accommodations for opioid overdose prevention”

Sponsor Pete HarckhamSD-40+7 co-sponsorsAffects Health
Status
In Assembly Committee
Health
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 5 of 7

In Assembly · Health

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

  1. 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.

  2. 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.

  3. 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.

  4. 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

Primary sponsor
Pete Harckham

Senator · Senate District 40

Chair, Alcoholism And Substance Abuse

History

  1. Referred to health
  2. Delivered to assembly
  3. Passed senateVote 61–0
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.68
  7. Referred to alcoholism and substance abuse
  8. Returned to senate
  9. Died in assembly
  10. Referred to health
  11. Delivered to assembly
  12. Passed senateVote 62–0
Show 4 earlier actions
  1. Advanced to third reading
  2. 2nd report cal.
  3. 1st report cal.1030
  4. 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.