N.Y. Pub. Health Law § 3309-b

* § 3309-b. Nightlife opioid antagonist program. 1. Definitions. As\nused in this section the following terms shall have the following\nmeanings:\n a. "Nightlife establishment" means an establishment that is open to\nthe public for entertainment or leisure, serves alcohol or where alcohol\nis consumed on the premises, and conducts a large volume of business at\nnight. Such term includes, but is not limited to, bars, entertainment\nvenues, clubs and restaurants.\n b. "Opioid antagonist" means a drug approved by the Food and Drug\nAdministration that, when administered, negates or neutralizes in whole\nor in part the pharmacological effects of an opioid in the body. "Opioid\nantagonist" shall be limited to naloxone and other medications approved\nby the department for such purpose.\n 2. Program. The commissioner shall establish a program whereby a\nnightlife establishment may apply to receive an opioid antagonist, free\nof charge, to be administered to patrons, staff or individuals on\npremises of such establishment. Such program shall be operated in\ncompliance with existing laws, rules and regulations relating to the\ndistribution of an opioid antagonist. The department shall publish on\nits website a list of each participating establishment.\n 3. Eligibility. a. To be eligible to participate in the program\ncreated by this section, a nightlife establishment shall agree to comply\nwith the requirements of this section and any rule or regulation\npromulgated pursuant to this section.\n b. A nightlife establishment applying to participate in the program\nshall submit an application by mail or online through the department's\nwebsite on a form promulgated by the commissioner.\n 4. Approval. Except as otherwise provided by law, the commissioner\nshall approve an application submitted pursuant to subdivision three of\nthis section if the application satisfies all of the requirements of\nthis section. If an application does not satisfy the requirements of\nthis section, the commissioner shall notify the applicant in writing the\ndeficiencies in the application without prejudice to reapply.\n 5. Fees. The commissioner shall not charge a fee to a participating\nestablishment for receipt of an opioid antagonist or participation in\nthe program.\n 6. Terms and conditions of participation. a. Each participating\nestablishment is permitted to request to receive a maximum of ten doses\nof an opioid antagonist at one time. After a report has been made to the\ndepartment pursuant to paragraph b of this subdivision, such\nestablishment may apply to receive additional doses of an opioid\nantagonist up to the maximum of ten such doses per establishment.\n b. A participating establishment shall report to the department each\ntime:\n (i) A dose of an opioid antagonist received pursuant to the program is\nused on a person experiencing an emergency; or\n (ii) A dose of an opioid antagonist received pursuant to the program\nhas been accidentally or inappropriately discharged or may otherwise no\nlonger be administered effectively.\n (iii) A majority of the doses issued to the establishment have\nexpired.\n c. An opioid antagonist received pursuant to the program shall only be\nused by a participating establishment at the location of such\nestablishment in the state.\n d. The commissioner shall promulgate rules and regulations that shall\ngovern the use of opioid antagonists by participating establishments.\nSuch rules and regulations shall include, but shall not be limited to,\nbest practices, standards and policies that participating establishments\nshall meet in connection with:\n (i) The conduct of participating establishments;\n (ii) The administration of an opioid antagonist;\n (iii) Advertisement of the program, including the dangers of opioid\nuse and the effects of the administration of an opioid antagonist;\n (iv) The privacy of information for participating establishment staff\nand individuals who receive a dose of an opioid antagonist;\n (v) Communication between participating establishments and their\npatrons regarding the program;\n (vi) Communication between the department and participating\nestablishments; and\n (vii) Any other best practices, standards or policies that the\ncommissioner determines would further the purposes of this section.\n e. A participating establishment shall comply with all applicable\nfederal, state and local laws, rules and regulations, including the\nrequirements of this section and the rules and regulations promulgated\nthereunder, and shall keep records of opioid antagonist administration\non site and available for inspection upon request of an employee or an\nagent of the department.\n 7. Supervision of program. a. Where a participating establishment\nviolates any federal, state or local law, rule or regulation or the\nrequirements of this section, the commissioner may suspend such\nestablishment's participation in the program, upon due notice and\nopportunity to be heard.\n b. The commissioner may immediately suspend a participating\nestablishment's participation in the program without a prior hearing\nwhere the commissioner determines that such establishment's continued\nparticipation poses a serious danger to public health, safety or\nwelfare, provided that after such suspension an opportunity for hearing\nshall be provided on an expedited basis.\n c. Suspension from the program under this section shall be in addition\nto any other penalties provided by applicable laws, rules or\nregulations.\n d. A participating establishment may participate in the program after\na suspension has been imposed pursuant to this section if such\nestablishment has:\n (i) cured all violations;\n (ii) demonstrated full compliance with all applicable federal, state\nand local laws, rules and regulations; and\n (iii) applied for reinstatement and such reinstatement has been\ngranted by the commissioner.\n e. Where a participating establishment has had its participation in\nthe program suspended two times or more, and the participating\nestablishment subsequently violates any applicable law, rule or\nregulation or the requirements of this section, the commissioner may\nsuspend its participation in the program indefinitely.\n 8. Training. The department shall offer to staff of participating\nestablishments resources and training on overdose prevention and\nadministration of an opioid antagonist.\n 9. Disclaimer of liability. The state shall not be liable for any use\nor administration of an opioid antagonist by a participating\nestablishment. The state does not warranty the completeness, accuracy,\ncontent or fitness for any particular purpose of any information made\navailable by a participating establishment regarding the program, nor\nare any such warranties to be implied or inferred with respect to the\ninformation furnished therein. The state shall not be liable for any\ndeficiencies in the completeness, accuracy, content or fitness for any\nparticular purpose or use of information provided by any third party and\nmade available by a participating establishment regarding the program.\n 10. Report. No later than March first, two thousand twenty-three, and\nannually thereafter, the department shall submit a report to the\ngovernor, the temporary president of the senate, the minority leader of\nthe senate, the speaker of the assembly, and the minority leader of the\nassembly on the administration of opioid antagonists pursuant to the\nprogram. The report shall include, but need not be limited to, the\nfollowing information for the previous calendar year:\n a. The total number of doses of an opioid antagonist provided to\nparticipating establishments;\n b. The total number of doses of an opioid antagonist received by each\nparticipating establishment;\n c. The total number of times an opioid antagonist was administered by\na participating establishment, disaggregated by establishment; and\n d. The total number of times an opioid antagonist was inappropriately\nadministered by a participating establishment, including the reasons for\nsuch improper administration, disaggregated by establishment.\n * NB Effective April 22, 2023\n