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    §  3309. Opioid overdose prevention. 1. The commissioner is authorized
  to establish standards for approval of any  opioid  overdose  prevention
  program,  and  opioid  antagonist prescribing, dispensing, distribution,
  possession  and  administration  pursuant  to  this  section  which  may
  include,  but  not  be  limited  to,  standards  for  program directors,
  appropriate clinical oversight, training, record keeping and reporting.
    2. 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 pursuant to  this
  section  shall  not  constitute the unlawful practice of a profession or
  other violation under title eight of the education law or this article.
    3. (a) As used in this section:
    (i) "Opioid antagonist" means a drug approved by  the  Food  and  Drug
  Administration  that, when administered, negates or neutralizes in whole
  or in part the pharmacological effects of an opioid in the body. "Opioid
  antagonist" shall be limited to naloxone and other medications  approved
  by the department for such purpose.
    (ii) "Health care professional" means a person licensed, registered or
  authorized  pursuant  to  title  eight of the education law to prescribe
  prescription drugs.
    (iii) "Pharmacist" means a person licensed or authorized  to  practice
  pharmacy  pursuant  to article one hundred thirty-seven of the education
  law.
    (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  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 district, library board or school.
    (b)(i) A health care professional may prescribe by a  patient-specific
  or  non-patient-specific  prescription, dispense or distribute, directly
  or indirectly, an opioid antagonist to an opioid antagonist recipient.
    (ii) A  pharmacist  may  dispense  an  opioid  antagonist,  through  a
  patient-specific  or  non-patient-specific prescription pursuant to this
  paragraph, to an opioid antagonist recipient.
    (iii) An opioid antagonist recipient may possess an opioid  antagonist
  obtained   pursuant  to  this  paragraph,  may  distribute  such  opioid
  antagonist to a recipient, and may administer such opioid antagonist  to
  a  person  the  recipient  reasonably believes is experiencing an opioid
  overdose.
    (iv) The provisions of this paragraph shall not be deemed to require a
  prescription for any opioid antagonist that does not otherwise require a
  prescription; nor shall it be deemed to limit the authority of a  health
  care  professional  to  prescribe,  dispense  or  distribute,  or  of  a
  pharmacist to dispense, an opioid antagonist under any  other  provision
  of law.
    (v)  Any  pharmacy  with  twenty or more locations in the state, shall
  either: (1) pursue or maintain a non-patient-specific prescription  with
  an  authorized health care professional to dispense an opioid antagonist
  to a consumer upon request,  as  authorized  by  this  section;  or  (2)
  register with the department as an opioid overdose prevention program.
    3-a. Any distribution of opioid antagonists through this program shall
  include  an informational card or sheet. The informational card or sheet
  shall include, at a minimum, information on:
    (a) how to recognize symptoms of an opioid overdose;

    (b) steps  to  take  prior  to  and  after  an  opioid  antagonist  is
  administered, including calling first responders;
    (c)  the  number  for the toll free office of alcoholism and substance
  abuse services HOPE line;
    (d) how to  access  the  office  of  alcoholism  and  substance  abuse
  services' website; and
    (e) any other information deemed relevant by the commissioner.
    The educational card shall be provided in languages other than English
  as  deemed  appropriate  by  the commissioner. The department shall make
  such informational cards available to  the  opioid  overdose  prevention
  programs.
    4.  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.
    A  recipient,  opioid  overdose  prevention  program, 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  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.
    5.  The  commissioner  shall  publish  findings  on  statewide  opioid
  overdose data that reviews overdose death rates and other information to
  ascertain  changes in the cause and rates of opioid overdoses, including
  fatal opioid overdoses. The report shall be submitted  annually,  on  or
  before  October  first,  to the governor, the temporary president of the
  senate, the speaker of the assembly and the chairs  of  the  senate  and
  assembly health committees, and shall be made public on the department's
  internet  website. The report shall include, at a minimum, the following
  information on a county basis:
    (a) information  on  opioid  overdoses  and  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) data on the dispensing and utilization of opioid antagonists; and
    (e) any other information necessary to ascertain the  success  of  the
  program,  areas  of  the  state which are experiencing particularly high
  rates of  overdoses,  ways  to  determine  if  services,  resources  and
  responses  in particular areas of the state are having a positive impact
  on reducing overdoses, and ways to further reduce overdoses.
    * 6. The commissioner shall provide the current information  and  data
  specified in subdivision five of this section to each county every three
  months.  Such  information  and  data may be utilized by a county or any
  combination thereof as it works to address the opioid epidemic.
    * NB Repealed March 31, 2021

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