NYC Administrative Code

§ 17-2105 — Disclaimer of liability for nightlife establishments and their employees.

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What is NYC AC § 17-2105?

Quick Answer

This section establishes that administering an opioid antagonist in nightlife establishments is considered first aid, protecting establishments and their employees from liability when acting in good faith. It clarifies that no private right of action exists for the use or failure to use such treatment during an overdose. Applies to nightlife establishments and their employees.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 17-2105 Disclaimer of liability for nightlife establishments and their employees.

AC § 17-2105

The administration of an opioid antagonist pursuant to this chapter shall be considered first aid or emergency treatment for the purpose of any statute relating to liability. A nightlife establishment or an employee of such establishment, acting reasonably and in good faith in compliance with this section and section 3309 of the public health law, shall not be subject to criminal, civil or administrative liability solely by reason of such action. Nothing contained in this chapter or in the administration or application hereof shall be construed as creating any private right of action against a nightlife establishment or an employee of such establishment for use of or failure to use an opioid antagonist in the event of an overdose. (L.L. 2022/092, 10/12/2022, eff. 2/9/2023)

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