New York State Assembly

 
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A07812 Summary:

A07812 Actions:

A07812 Committee Votes:

Committee:HEALTH   Chair:Gottfried      
DATE:02/04/2020AYE/NAY:23/0  Action: Favorable refer to committee Codes        
Gottfried
Aye
Byrne
Aye
Schimminger
Excused
McDonough
Excused
Galef
Aye
Garbarino
Aye
Dinowitz
Aye
Byrnes
Aye
Cahill
Aye
Ashby
Aye
Paulin
Aye
Miller
Aye
Cymbrowitz
Aye
Salka
Aye
Gunther
Aye
Rosenthal
Aye
Hevesi
Excused
Jaffee
Aye
Steck
Aye
Abinanti
Aye
Braunstein
Aye
Kim
Aye
Solages
Aye
Bichotte
Aye
Barron
Aye
Sayegh
Aye

Committee:CODES   Chair:Lentol      
DATE:02/25/2020AYE/NAY:21/0  Action: Favorable         
Lentol
Aye
Morinello
Aye
Schimminger
Excused
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Palumbo
Aye
Cymbrowitz
Aye
Garbarino
Aye
O'Donnell
Aye
Reilly
Aye
Lavine
Aye
Perry
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye

A07812 Floor Votes:

A07812 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A7812A
 
SPONSOR: Rosenthal L

 
TITLE OF BILL:
 
An act to amend the public health law, in relation to authorizing the
use of opioid antagonists by persons or entities for opioid overdose
prevention
 
 
PURPOSE:
 
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 SPECIFIC PROVISIONS:

Section one amends subdivision 3 of section 3309 of the public health
law by adding a new subparagraph (v).
 
Section two amends subdivision 4 of section 3309 of the public health
law.
 
Section three establishes the effective date.
 
 
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 ensure as many entities as possible are covered under the
Good Samaritan law.
 
 
LEGISLATIVE HISTORY:
 
New bill.
 
 
FISCAL IMPLICATIONS:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect immediately.

A07812 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7812--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 23, 2019
                                       ___________
 
        Introduced by M. of A. L. ROSENTHAL, MOSLEY -- read once and referred to
          the  Committee  on Health -- recommitted to the Committee on Health in
          accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the public health law, in relation  to  authorizing  the
          use  of  opioid antagonists by persons or entities for opioid overdose
          prevention
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subparagraph  (iv)  of  paragraph (a) of subdivision 3 of
     2  section 3309 of the public health law, as amended by chapter 68  of  the
     3  laws  of 2016, is amended and a new subparagraph (v) is added to read as
     4  follows:
     5    (iv) "Opioid antagonist recipient" or "recipient" means  a  person  at
     6  risk  of  experiencing  an  opioid-related overdose, or a family member,
     7  friend or other person in a position to assist a person experiencing  or
     8  at  risk  of experiencing an opioid-related overdose, or an organization
     9  registered as an opioid overdose prevention  program  pursuant  to  this
    10  section  or  [a  school  district,  public library, board of cooperative
    11  educational services, county vocational education and  extension  board,
    12  charter  school,  non-public  elementary and/or secondary school in this
    13  state] any person or entity or any person employed  by  [such  district,
    14  library board or school] the person or entity.
    15    (v) As used in this section, "entity" includes, but is not limited to,
    16  a  school  district,  public  library,  board of cooperative educational
    17  services, county  vocational  education  and  extension  board,  charter
    18  school,  non-public  elementary  or  secondary  school, restaurant, bar,
    19  retail store, shopping mall, barber shop, beauty parlor, theater, sport-
    20  ing or event center, inn, hotel or motel.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10802-05-0
        A. 7812--A                          2
 
     1    § 2. Subdivision 4 of section  3309  of  the  public  health  law,  as
     2  amended  by  chapter  68  of  the  laws  of  2016, is amended to read as
     3  follows:
     4    4.  (a)  Use of an opioid antagonist pursuant to this section shall be
     5  considered first aid or emergency treatment for the purpose of any stat-
     6  ute relating to liability.
     7    (b) A recipient, opioid overdose prevention program, [school district,
     8  public library, board of cooperative educational services, county  voca-
     9  tional education and extension board, charter school, non-public elemen-
    10  tary  school  and/or secondary school in the state] person or entity, or
    11  any person employed by [such district, public library, board  or  school
    12  under  this section] the person or entity, acting reasonably and in good
    13  faith in compliance with this section, shall not be subject to criminal,
    14  civil or administrative liability solely by reason of such action.
    15    § 3. This act shall take effect immediately.