§ 3309. Opioid overdose prevention. 1. The commissioner is authorized\nto establish standards for approval of any opioid overdose prevention\nprogram, and opioid antagonist prescribing, dispensing, distribution,\npossession and administration pursuant to this section which may\ninclude, but not be limited to, standards for program directors,\nappropriate clinical oversight, training, record keeping and reporting.\n 2. Notwithstanding any inconsistent provisions of section sixty-five\nhundred twelve of the education law or any other law, the purchase,\nacquisition, possession or use of an opioid antagonist pursuant to this\nsection shall not constitute the unlawful practice of a profession or\nother violation under title eight of the education law or this article.\n 3. (a) As used in this section:\n (i) "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 (ii) "Health care professional" means a person licensed, registered or\nauthorized pursuant to title eight of the education law to prescribe\nprescription drugs.\n (iii) "Pharmacist" means a person licensed or authorized to practice\npharmacy pursuant to article one hundred thirty-seven of the education\nlaw.\n (iv) "Opioid antagonist recipient" or "recipient" means a person at\nrisk of experiencing an opioid-related overdose, or a family member,\nfriend or other person in a position to assist a person experiencing or\nat risk of experiencing an opioid-related overdose, or an organization\nregistered as an opioid overdose prevention program pursuant to this\nsection or any person or entity or any person employed by the person or\nentity.\n (v) As used in this section, "entity" includes, but is not limited to,\na school district, public library, board of cooperative educational\nservices, county vocational education and extension board, charter\nschool, non-public elementary or secondary school, restaurant, bar,\nretail store, shopping mall, barber shop, beauty parlor, theater,\nsporting or event center, inn, hotel or motel.\n (vi) "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)(i) A health care professional may prescribe by a patient-specific\nor non-patient-specific prescription, dispense or distribute, directly\nor indirectly, an opioid antagonist to an opioid antagonist recipient.\n (ii) A pharmacist may dispense an opioid antagonist, through a\npatient-specific or non-patient-specific prescription pursuant to this\nparagraph, to an opioid antagonist recipient.\n (iii) An opioid antagonist recipient may possess an opioid antagonist\nobtained pursuant to this paragraph, may distribute such opioid\nantagonist to a recipient, and may administer such opioid antagonist to\na person the recipient reasonably believes is experiencing an opioid\noverdose.\n (iv) The provisions of this paragraph shall not be deemed to require a\nprescription for any opioid antagonist that does not otherwise require a\nprescription; nor shall it be deemed to limit the authority of a health\ncare professional to prescribe, dispense or distribute, or of a\npharmacist to dispense, an opioid antagonist under any other provision\nof law.\n (v) Any pharmacy with twenty or more locations in the state, shall\neither: (1) pursue or maintain a non-patient-specific prescription with\nan authorized health care professional to dispense an opioid antagonist\nto a consumer upon request, as authorized by this section; or (2)\nregister with the department as an opioid overd
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