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What is NYC AC § 9-173?

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This section defines opioid antagonists and mandates training for uniformed staff on their administration in correctional facilities. It requires the availability of opioid antagonists and annual reporting on training and overdose incidents. Applies to correctional health services and uniformed staff in city correctional facilities.

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§ 9-173 Opioid antagonists.

AC § 9-173

a. Definitions. For purposes of this section, the following terms have the following meanings: Correctional health services. The term “correctional health services” has the same meaning as set forth in section 9-108. Opioid antagonist. The term “opioid antagonist” means a medication approved by the federal food and drug administration that, when administered, neutralizes in whole or in part the pharmacological effects of an opioid in the human body. Opioid overdose prevention kit. The term “opioid overdose prevention kit” means an opioid antagonist, and a pamphlet or other written notice that provides guidance on how to recognize the signs or symptoms of an opioid overdose and identifies the steps to take in response to a suspected opioid overdose. b. Opioid antagonist training.

1.No later than January 1, 2026, the department shall provide training for all uniformed staff of the department on the administration of opioid antagonists. The department shall also make such training available to individuals incarcerated in city correctional facilities.

2.Such training shall include guidance on recognizing any signs or symptoms of an opioid overdose and responding appropriately, including but not limited to, guidance on the proper administration of an opioid antagonist. c. The department, in consultation with correctional health services, shall make available, in all areas of any facility of the department where incarcerated individuals are housed, opioid antagonists for use by uniformed staff and incarcerated individuals. No less than once each week, the department shall verify and document that opioid antagonists are available in such areas for use by uniformed staff and incarcerated individuals. d. A uniformed staff trained pursuant to subdivision b of this section who administers an opioid antagonist to an incarcerated individual shall administer such opioid antagonist in accordance with such training. e. Nothing contained in this section shall be construed as creating any private right of action on the part of any person against the city of New York, the department, or any official or employee thereof. f. Reporting.

3.The information included in any report required by this subdivision shall be disaggregated by facility of the department.

4.Any report required by this subdivision shall not contain identifying information as defined in section 23-1201. If a category to be reported contains fewer than 5 persons or contains an amount that would allow another category that contains fewer than 5 persons to be deduced, the number shall be replaced with a symbol. If a category to be reported contains zero individuals it shall be reported as zero. g. Distribution of opioid antagonists upon discharge to the community. The department, in consultation with correctional health services, shall make available an opioid overdose prevention kit to an incarcerated individual upon discharge of such individual from a city jail to the community. (L.L. 2025/091, 7/11/2025, eff. 10/9/2025 and 7/11/2026) Editor's note: Pursuant to § 2 of L.L. 2025/091, this section is effective on Octobrer 9, 2025, except for subdivision g, which is effective on July 11, 2026.

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