Establishes an emergency opioid overdose prevention pilot program whereby police agencies and certain public high schools could administer Naloxone, an opioid inverse agonist, to persons who have overdosed on an opioid; provides for the admininstration of Naloxone pursuant to the opioid overdose prevention program.
TITLE OF BILL: An act to amend the public health law, in relation to establishing an emergency opioid overdose prevention pilot program and the use of opioid inverse agonists in opioid overdose prevention
PURPOSE OR GENERAL IDEA OF BILL: Establishes the Emergency Opioid Overdose Prevention Pilot Program through which the Commissioner of Health will make naloxone available to up to 30 public high schools throughout the state and to trained police officers upon request.
SUMMARY OF PROVISIONS:
Section one amends Public Health Law (PHL) § 3309 to require the Commissioner of Health to create the Emergency Opioid Overdose Prevention Pilot Program. Under the program, naloxone will be made available, upon request, to all law enforcement agencies provided the officers of such agency have received the appropriate training. The program shall also provide naloxone to up to 30 schools across the state, with not less than two in each region. The school nurse and at least one other staff member at each participating school must also receive appropriate training.
This section also amends the opioid overdose data collection and report to require the Commissioner to include information pertaining to the use of naloxone under the program and any other information necessary to ascertain the success of the program. Such findings shall be submitted annually but may be submitted as part of an existing report.
Section two provides that the act shall take effect immediately.
JUSTIFICATION: 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. A person suffering from an opioid or opiate overdose will demonstrate very shallow or non-existent breathing which may lead to oxygen deprivation causing brain damage or death. However, if naloxone (Narcan) is timely administered it can revive the most catatonic drug user and give them a second chance at life. Naloxone, often referred to as a drug-overdose antidote, is a drug used to reverse an overdose by blocking the opioid receptor and counteracting the life-threatening depression of the central nervous system and respiratory system.
In 2005, the state authorized non-medical persons to administer naloxone to another individual in order to prevent an opioid or heroin overdose from becoming fatal. The Department of Health recommends administering naloxone directly after calling 911 and checking for breathing. The cost of naloxone is minimal, especially when compared to the benefit, ranging from approximately $6-$20,
As the prescription drug crisis continues to grow, expanded access to naloxone has become a necessary priority. In Nassau County, EMTs administer naloxone through their police department's ambulance service. Last year, Suffolk County began participation in a program whereby the state provided first responders, including police, with naloxone. In the first five months alone, it is estimated 22 lives
were saved under this program. Under this legislation, all properly trained police department's could request naloxone from the Department of Health, With the growth of abuse amongst teens, it also is important to expand access to naloxone in schools and to train and authorize school nurses and other staff to administer the drug in emergency situations. By increasing access to the drug-overdose antidote, this legislation will help prevent the tragic loss of life as we continue to fight this crisis.
PRIOR LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: Undetermined.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 4588 2013-2014 Regular Sessions IN SENATE April 12, 2013 ___________Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to establishing an emergency opioid overdose prevention pilot program and the use of opioid inverse agonists in opioid overdose prevention THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3309 of the public health law, as added by chapter 413 of the laws of 2005, is amended to read as follows: S 3309. Opioid overdose prevention. 1. The commissioner is authorized to establish standards for approval of any opioid overdose prevention program which may include, but not be limited to, standards for program directors, appropriate clinical oversight, training, record keeping and reporting. 2. THE COMMISSIONER SHALL ESTABLISH AN EMERGENCY OPIOID OVERDOSE PREVENTION PILOT PROGRAM. SUCH PROGRAM SHALL: (A) MAKE NALOXONE AVAILABLE TO ALL LAW ENFORCEMENT AGENCIES, UPON REQUEST; PROVIDED THAT THE POLICE OFFICERS OF SUCH AGENCY CAN CERTIFY THAT THEY HAVE RECEIVED THE TRAINING ESTABLISHED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION; (B) PROVIDE NALOXONE TO NOT MORE THAN THIRTY PUBLIC HIGH SCHOOLS THROUGHOUT THE STATE. THE COMMISSIONER SHALL SELECT NOT LESS THAN TWO PUBLIC HIGH SCHOOLS IN EACH OF THE FOLLOWING REGIONS TO PARTICIPATE IN THE PROGRAM ESTABLISHED PURSUANT TO THIS SUBDIVISION: LONG ISLAND, THE CITY OF NEW YORK, THE CAPITAL DISTRICT, THE HUDSON VALLEY, THE MOHAWK VALLEY, THE NORTH COUNTRY, CENTRAL NEW YORK, THE SOUTHERN TIER, THE FINGER LAKES AND WESTERN NEW YORK. THE SCHOOL NURSE AND AT LEAST ONE OTHER STAFF MEMBER OF EACH PARTICIPATING HIGH SCHOOL SHALL RECEIVE THE TRAINING ESTABLISHED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION; AND (C) PROVIDE TRAINING, OR WORK WITH LOCAL ORGANIZATIONS TO PROVIDE TRAINING, ON THE PROPER USE AND ADMINISTRATION OF NALOXONE.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10215-02-3 S. 4588 2
3. Notwithstanding any inconsistent provisions of section sixty-five hundred twelve of the education law or any other law, the purchase, acquisition, possession or use of an opioid antagonist OR AN OPIOID INVERSE AGONIST pursuant to this section shall not constitute the unlaw- ful practice of a profession or other violation under title eight of the education law or this article.
[3.]4. Use of an opioid antagonist OR AN OPIOID INVERSE AGONIST pursuant to this section shall be considered first aid or emergency treatment for the purpose of any statute relating to liability. [4.]5. The commissioner shall publish findings on statewide opioid overdose data [that reviews], INCLUDING: (A) USE OF NALOXONE UNDER THE PILOT PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION; (B) overdose death rates; (C) AGE, GENDER, ETHNICITY AND GEOGRAPHIC LOCATION OF OPIOID OVERDOSE DEATHS; (D) EMERGENCY ROOM UTILIZATION FOR TREATMENT OF OPIOID OVERDOSES; (E) UTILIZATION OF PRE-HOSPITAL SERVICES FOR OPIOID OVERDOSES; and (F) ANY other information NECESSARY to ascertain THE SUCCESS OF NALOX- ONE USE AND changes in the cause and rates of fatal opioid overdoses. The [report]FINDINGS, WHICH may be part of AN existing [state mortality reports issued by the department, and]REPORT, shall be submitted annu- ally [for three years and as deemed necessary by the commissioner there- after,]to [the governor,]the temporary president of the senate [and], THE CHAIR OF THE SENATE STANDING COMMITTEE ON HEALTH, the speaker of the assembly AND THE CHAIR OF THE ASSEMBLY HEALTH COMMITTEE. [The report shall include, at a minimum, the following information: (a) information on opioid overdose deaths, including age, gender, ethnicity, and geographic location; (b) data on emergency room utilization for the treatment of opioid overdose; (c) data on utilization of pre-hospital services; (d) suggested improvements in data collection.]S 2. This act shall take effect immediately.