File #: Int 1035-2023    Version: * Name: Requiring correction officers to carry and administer opioid antagonists while on duty and to receive related training.
Type: Introduction Status: Filed (End of Session)
Committee: Committee on Criminal Justice
On agenda: 5/11/2023
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring correction officers to carry and administer opioid antagonists while on duty and to receive related training
Sponsors: Shahana K. Hanif, Carlina Rivera , Chi A. Ossé, Erik D. Bottcher, Mercedes Narcisse, Public Advocate Jumaane Williams, Christopher Marte, Lincoln Restler, Kristin Richardson Jordan, Gale A. Brewer, Kevin C. Riley
Council Member Sponsors: 11
Summary: This bill would require the department of correction to provide annual training to all correction officers on the proper use of opioid antagonists, as well as to individuals who are incarcerated who request it, and mandate that correction officers carry opioid antagonists on their person while on duty. The bill would also mandate that correction officers administer opioid antagonists to individuals that are incarcerated in accordance with the training provided by the department, and would require the department to post a report on the number of correction officers and individuals who are incarcerated that have been trained on administering opioid antagonists, as well as the number of nonfatal overdoses and suspected nonfatal overdose.
Indexes: Report Required
Attachments: 1. Summary of Int. No. 1035, 2. Int. No. 1035, 3. May 11, 2023 - Stated Meeting Agenda, 4. Hearing Transcript - Stated Meeting 5-11-23, 5. Minutes of the Stated Meeting - May 11, 2023

Int. No. 1035

 

By Council Members Hanif, Rivera, Ossé, Bottcher, Narcisse, the Public Advocate (Mr. Williams), Marte, Restler, Richardson Jordan, Brewer and Riley

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring correction officers to carry and administer opioid antagonists while on duty and to receive related training

 

Be it enacted by the Council as follows:

 

Section 1. Chapter 1 of title 9 of the administrative code of the city of New York is amended by adding a new section 9-163 to read as follows:

§ 9-163 Opioid antagonists. a. Definitions. For purposes of this section, the term “opioid antagonist” means a drug approved by the New York state department of health and the federal food and drug administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the human body.

b. Opioid antagonist training. 1. No later than April 1, 2024, the department of correction, in consultation with correctional health services, or any other entity designated to provide healthcare or medical services to individuals incarcerated in city correctional facilities, shall provide annual training for all correction officers on the administration of opioid antagonists to individuals that are incarcerated. The department of correction shall also offer such training to individuals incarcerated in city correctional facilities who request such training.

2. Such training shall, at a minimum, include guidance on how to recognize the signs and symptoms of a suspected opioid overdose and the steps that must be taken in response to a suspected opioid overdose, which shall include, but are not limited to, the administration of an opioid antagonist.

c. Administration of opioid antagonists. 1. All correction officers trained pursuant to subdivision b of this section shall keep opioid antagonists on their person while on duty and shall administer opioid antagonists to individuals that are incarcerated in accordance with the training provided pursuant to subdivision b of this section.

2. The department of correction shall ensure that opioid antagonists are made readily available for use by those individuals that are incarcerated who have undergone the training provided pursuant to subdivision b of this section. 

d. Disclaimer of liability. Administration of an opioid antagonist shall be considered first aid or emergency treatment for the purposes of liability. Nothing contained in this section shall be construed as creating any private right of action against an individual for use of or failure to use an opioid antagonist in the event of an overdose.

e. Reporting. No later than April 1, 2024, and annually thereafter, the department of correction shall post on its website and submit to the speaker of the council, the mayor, and the public advocate a report regarding the number of correction officers and individuals who are incarcerated trained pursuant to subdivision b of this section and the number of opioid antagonists administered pursuant to subdivision c of this section. Such report shall also include the number of nonfatal overdoses and suspected nonfatal overdoses in which an opioid antagonist was requested or administered.

§ 2. This local law takes effect 90 days after it becomes law.

 

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LS #10081

2/28/2023 3:46PM