Requires that at least one employee at each family day care center, group family day care center, school-aged child care program, and child day care center be trained in administering an opioid antagonist.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8237
SPONSOR: Zaccaro TITLE OF BILL:
An act to amend the social services law, in relation to requiring at
least one employee of each child day care to be trained in administering
an opioid antagonist
PURPOSE OR GENERAL IDEA OF BILL:
Requires that at least one employee at each day care center be trained
in administering an opioid antagonist
SUMMARY OF PROVISIONS:
Amends § 390-a of the social services law by adding a new subdivision 6
to require that the site provider of a family day care home or group
family day care home, the site provider of a school-age child care
program and the director of a child day care center shall provide at
least one employee who holds a valid certification in a course of study
in how to administer an opioid antagonist be on the premises during
operating hours.
JUSTIFICATION:
The Centers for Disease Control, and Prevention reported that between
1999 and 2021 nearly 645,000 people in the United States died from an
overdose involving any opioid, including prescription and illicit
opioids. The opioid epidemic has taken the lives of children, parents,
friends, neighbors, and loved ones whose absence is felt every day.
Opioid antagonists such as Naloxone, a nasal spray more commonly known
as Narcan, are designed to rapidly reverse the effects of an opioid-in-
duced overdose. Narcan is intended to be used in emergencies while
further medical assistance is sought. The Food and Drug Administration
(FDA) states that Narcan can be administered to people of all ages and
in recent years its availability has expanded. On March 29th, 2023, the
FDA approved Narcan for over-the-counter use, a first of its kind move
which has ensured more individuals can acquire this lifesaving product
without a prescription.
This ability to easily obtain Narcan and acquire the knowledge and
skills to safely administer it is important now more than ever as
synthetic, highly toxic fentanyl found in illicit narcotics throughout
New York State has resulted in more overdoses, fatalities and tragedy -
even for our most vulnerable members of society.
On September 15th, 2023, at a child day care center in the Bronx four
children under the age of three were poisoned and required emergency
medical care because of their close proximity to large quantities of
fentanyl illegally stored at the day care center. This included adminis-
tering Narcan. Three of the young children were hospitalized in critical
and stable condition and a one-year old child died as a result of his
exposure to the fentanyl.
While this tragedy resulted in state and federal criminal charges filed
against individuals alleged to be responsible, we must also implement
policy that seeks to prevent another outcome like this.
Under existing law at every child day care center, family day care home,
group family day care home and school age child care program there must
be at least one employee on the premises during operating hours who
holds a valid certification in a course of study in first aid knowledge
and skills and cardiopulmonary resuscitation.
This important requirement, which could range from an employee bandaging
minor cuts to preventing a cardiac arrest, ensures that if medical care
is rendered it is done so by an individual who possesses the necessary
training. Requiring at least one employee to hold a valid certification
on how to administer an opioid antagonist is consistent with their duty
to provide medical care to children and furthers our shared goal to
prevent opioid overdoses in New York State.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8237
2023-2024 Regular Sessions
IN ASSEMBLY
November 6, 2023
___________
Introduced by M. of A. ZACCARO -- read once and referred to the Commit-
tee on Children and Families
AN ACT to amend the social services law, in relation to requiring at
least one employee of each child day care to be trained in administer-
ing an opioid antagonist
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 390-a of the social services law is amended by
2 adding a new subdivision 6 to read as follows:
3 6. a. The site provider of a family day care home or group family day
4 care home shall provide that at least one employee who holds a valid
5 certification in a course of study in how to administer an opioid antag-
6 onist, as defined by subparagraph (i) of paragraph (a) of subdivision
7 three of section thirty-three hundred nine of the public health law, be
8 on premises during the operating hours of such family day care home or
9 group family day care home.
10 b. The site supervisor of a school-age child care program shall
11 provide that at least one employee who holds a valid certification in a
12 course of study in how to administer an opioid antagonist, as defined by
13 subparagraph (i) of paragraph (a) of subdivision three of section thir-
14 ty-three hundred nine of the public health law, be on premises during
15 the operating hours of such school-age child care program.
16 c. The director of a child day care center shall provide that at least
17 one employee who holds a valid certification in a course of study in how
18 to administer an opioid antagonist, as defined by subparagraph (i) of
19 paragraph (a) of subdivision three of section thirty-three hundred nine
20 of the public health law, be on premises during the operating hours of
21 such child day care center.
22 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13456-01-3
