Bill Text: NY A00338 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Enacts the safer consumption services act which provides for the establishment of a program to provide safe injection sites.

Spectrum: Partisan Bill (Democrat 43-0)

Status: (Introduced) 2024-01-03 - referred to codes [A00338 Detail]

Download: New_York-2023-A00338-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           338

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     January 6, 2023
                                       ___________

        Introduced  by  M.  of A. L. ROSENTHAL, PEOPLES-STOKES, PAULIN, CARROLL,
          SIMON,  DICKENS,  EPSTEIN,  CRUZ,  STECK,   GONZALEZ-ROJAS,   MAMDANI,
          FORREST,  MEEKS,  GALLAGHER, GLICK, KELLES, BURDICK, HEVESI, MITAYNES,
          LAVINE, CLARK, TAYLOR, BICHOTTE HERMELYN, WEPRIN, AUBRY -- Multi-Spon-
          sored by -- M. of A. LUPARDO -- read once and referred to the  Commit-
          tee on Health

        AN ACT to amend the public health law, in relation to enacting the safer
          consumption services act

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The public health law is amended by adding  a  new  article
     2  33-C to read as follows:
     3                                ARTICLE 33-C
     4                       SAFER CONSUMPTION SERVICES ACT
     5  Section 3399.   Short title.
     6          3399-a. Definitions.
     7          3399-b. Program approval.
     8          3399-c. Designation.
     9          3399-d. Reporting.
    10          3399-e. Immunity provided.
    11    §  3399.  Short title. This act shall be known and may be cited as the
    12  "safer consumption services act".
    13    § 3399-a. Definitions. As used in this article:
    14    1. "Program" means an overdose prevention center  program  established
    15  pursuant to this article.
    16    2.  "Entity" means any community based organization that is an author-
    17  ized syringe exchange program in accordance with the regulations of  the
    18  department  which provides educational, health, harm reduction, housing,
    19  or social services and any hospital, medical clinic  or  office,  health
    20  center,  nursing care facility, mental health facility, or other similar
    21  entity that provides medical care.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00024-03-3
        A. 338                              2

     1    3. "Participant" means an individual who seeks to  utilize,  utilizes,
     2  or has used a program established pursuant to this article.
     3    §  3399-b. Program approval. 1. Notwithstanding any other statute, law
     4  or rule to the contrary, the department may approve an entity to operate
     5  a program in one or more jurisdictions upon satisfaction of the require-
     6  ments set forth in subdivision two of this section. The department shall
     7  establish standards for program approval and training and may promulgate
     8  such rules and regulations as are necessary to implement this section.
     9    (a) The department shall approve or deny  an  application  under  this
    10  section  within forty-five days of the day of receipt of the application
    11  and provide a written explanation of such determination.
    12    (b) An entity may make an application under this section at any  time,
    13  regardless of previous applications.
    14    2.  The department may approve an entity to operate a program pursuant
    15  to this article, upon submission of an application that demonstrates the
    16  entity will, at a minimum:
    17    (a) provide a hygienic space  where  participants  may  consume  their
    18  preobtained  drugs that is separate from the space in which the provider
    19  performs other services;
    20    (b) provide adequate staffing by  healthcare  professionals  or  other
    21  trained staff;
    22    (c)  provide sterile injection and other consumption supplies, collect
    23  used hypodermic needles and  syringes,  and  provide  secure  hypodermic
    24  needle and syringe disposal services;
    25    (d)  provide  education on safe consumption practices, proper disposal
    26  of hypodermic needles and syringes, and overdose  prevention,  including
    27  written  information  in,  at  a  minimum, the four most commonly spoken
    28  languages in the state as determined by the department;
    29    (e) administer first aid, if  needed,  and  monitor  participants  for
    30  potential overdose;
    31    (f)  provide  referrals  to substance use disorder treatment, medical,
    32  social welfare, and employment and training services;
    33    (g) educate participants on the risks of  contracting  HIV  and  viral
    34  hepatitis  and  provide sexual health resources and supplies, including,
    35  but not limited to, male and female condoms;
    36    (h) provide access to naloxone or referrals  to  obtain  naloxone  for
    37  participants;
    38    (i)  provide  reasonable and adequate security of the program site and
    39  equipment;
    40    (j) ensure confidentiality of program participants by using an  anony-
    41  mous unique identifier;
    42    (k)  train staff members to deliver services offered by the program or
    43  attend trainings provided by the department; and
    44    (l) establish operating procedures for the program as well  as  eligi-
    45  bility criteria for program participants.
    46    §  3399-c.  Designation.  A  department approved program shall also be
    47  designated as an authorized syringe exchange program in accordance  with
    48  the regulations of the department as set forth in 10 NYCRR 80.135 and as
    49  a  registered  provider  of  an  opioid  overdose  prevention program in
    50  accordance with the regulations of the department as  set  forth  in  10
    51  NYCRR 80.138.
    52    § 3399-d. Reporting. An entity operating an overdose prevention center
    53  under this section shall provide an annual report to the department at a
    54  date set by the department that shall include:
    55    1. the number of program participants;
        A. 338                              3

     1    2.  aggregate  information  regarding  the  characteristics of program
     2  participants;
     3    3.  the  number of hypodermic needles and syringes distributed for use
     4  on-site;
     5    4. the number of overdoses experienced, the number of overdoses inter-
     6  vened on-site, and the outcomes; and
     7    5. the number of individuals directly and formally referred  to  other
     8  services and the type of service.
     9    § 3399-e. Immunity provided. Notwithstanding any other statute, law or
    10  rule  to  the  contrary,  the  following  persons shall not be arrested,
    11  charged, or prosecuted for any criminal offense or  be  subject  to  any
    12  civil  or  administrative  penalty,  including  seizure or forfeiture of
    13  assets or real property or disciplinary action by a professional licens-
    14  ing board, or be denied any right or privilege, solely for participation
    15  or involvement in an overdose prevention center program approved by  the
    16  department  so  long  as  such  participation or involvement was in good
    17  faith and in accordance with  established  protocols  pursuant  to  this
    18  article:
    19    1. a participant;
    20    2.  a  staff member or administrator of a program, including a health-
    21  care professional, manager, employee, board  members  and  directors  or
    22  volunteer; or
    23    3.  a  property  owner who owns property at which a program is located
    24  and operates.
    25    § 2. This act shall take effect immediately.