Bill Text: NY S05289 | 2019-2020 | General Assembly | Amended

Bill Title: Enacts the "overdose prevention centers act" and provides for the repeal of such provisions upon the expiration thereof.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2019-05-10 - PRINT NUMBER 5289A [S05289 Detail]

Download: New_York-2019-S05289-Amended.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                    IN SENATE

                                     April 23, 2019

        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Health  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the public health law, in relation to enacting the over-
          dose  prevention  centers  act;  and  providing for the repeal of such
          provisions upon expiration thereof

          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-B to read as follows:
     3                                ARTICLE 33-B
     4                       OVERDOSE PREVENTION CENTERS ACT
     5  Section 3398.   Short title.
     6          3398-a. Definitions.
     7          3398-b. Program approval.
     8          3398-c. Designation.
     9          3398-d. Reporting.
    10          3398-e. Immunity provided.
    11          3398-f. Limitations on immunity.
    12    § 3398. Short title. This act shall be known and may be cited  as  the
    13  "overdose prevention centers act".
    14    § 3398-a. Definitions. As used in this article:
    15    1.  "Program" means an overdose prevention centers program established
    16  pursuant to this article that is authorized to  evaluate  and  test  the
    17  public  health  impact  of  overdose prevention center services within a
    18  jurisdiction.
    19    2. "Entity" means a not-for-profit, community based organization  that
    20  is  approved  to  provide  educational, health, harm reduction, housing,
    21  syringe exchange or social services.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 5289--A                          2

     1    3. "Jurisdiction" means any entity operating at a location approved by
     2  the department or local health district in the city of Ithaca or in  the
     3  boroughs of Manhattan, Brooklyn or the Bronx in the city of New York.
     4    4.  "Participant"  means an individual who seeks to utilize, utilizes,
     5  or has used a program established pursuant to this article.
     6    § 3398-b. Program approval. 1. Notwithstanding any other statute,  law
     7  or  rule  to the contrary, the department or a local health district may
     8  approve an entity to operate a program in one or more jurisdictions upon
     9  satisfaction of the requirements set forth in subdivision  two  of  this
    10  section. The department or a local health district shall establish stan-
    11  dards  for  program  approval and training and may promulgate such rules
    12  and regulations as are necessary to implement this section.
    13    (a) The department or a local health district in a jurisdiction  shall
    14  approve or deny an application under this section within forty-five days
    15  of  the day of receipt of the application and provide a written explana-
    16  tion of such determination.
    17    (b) An entity in a jurisdiction may make  an  application  under  this
    18  section at any time, regardless of previous applications.
    19    2.  The  department  or local health district may approve an entity to
    20  operate a program in a  jurisdiction  pursuant  to  this  article,  upon
    21  submission  of  an  application  that demonstrates the entity will, at a
    22  minimum:
    23    (a) provide a hygienic space  where  participants  may  consume  their
    24  pre-obtained  drugs  that is separate from the space in which the entity
    25  performs other business, if any;
    26    (b) provide adequate staffing by  healthcare  professionals  or  other
    27  trained staff;
    28    (c)  provide  sterile  injection  supplies,  collect  used  hypodermic
    29  needles and syringes,  provide  secure  hypodermic  needle  and  syringe
    30  disposal  services, and provide the ability to self-test the composition
    31  of pre-obtained drugs;
    32    (d) provide education on safe consumption practices,  proper  disposal
    33  of  hypodermic  needles and syringes, and overdose prevention, including
    34  written information in, at a minimum,  the  four  most  commonly  spoken
    35  languages  in  the state as determined by the department or local health
    36  district;
    37    (e) administer first aid, if  needed,  and  monitor  participants  for
    38  potential  overdose,  including  the  administration  of  naloxone by an
    39  appropriately trained or credentialed staff member of the program, which
    40  may include, but is not  limited  to  a  registered  nurse  pursuant  to
    41  section sixty-nine hundred nine of the education law;
    42    (f)  provide  referrals  to  OASAS  licensed  and certified providers,
    43  established  harm  reduction  programs,  addiction  treatment,  medical,
    44  social welfare, and employment and training services;
    45    (g)  educate  participants  on  the risks of contracting HIV and viral
    46  hepatitis, and provide sexual health resources and supplies,  including,
    47  but not limited to, male and female condoms;
    48    (h)  provide access to naloxone or to equivalent treatments, or refer-
    49  rals to obtain naloxone or such equivalent treatments, for participants;
    50    (i) provide reasonable and adequate security of the program  site  and
    51  equipment;
    52    (j)  ensure confidentiality of program participants by using an anony-
    53  mous unique identifier, unless participants provide appropriate consent;
    54    (k) train staff members to deliver services offered by the program  or
    55  attend  trainings provided by the department or local health district if
    56  required;

        S. 5289--A                          3

     1    (l) establish and make available to the  public  operating  procedures
     2  for  the  program,  including  but  not limited to the standard hours of
     3  operation, a minimum number of personnel required to be  on-site  during
     4  those hours of operation, the licensing and training standards for staff
     5  present,  an established maximum number of individuals who can be served
     6  at one time and an established relationship with the  nearest  emergency
     7  department  of  a  general  acute  care hospital, as well as eligibility
     8  criteria for program participants if not predetermined by the department
     9  or local health district.
    10    (m) establish a good neighbor policy  that  facilitates  communication
    11  from  and  to local businesses and residences, to the extent they exist,
    12  to address any neighborhood concerns and complaints; and
    13    (n) establish a policy for informing local  government  officials  and
    14  neighbors  about  the  approved  entity's  complaint procedures, and the
    15  contact number of the director, manager, or  operator  of  the  approved
    16  entity.
    17    §  3398-c.  Designation.  A  department approved program shall also be
    18  designated as an authorized syringe exchange program in accordance  with
    19  the regulations of the department as set forth in 10 NYCRR 80.135 and as
    20  a  registered  provider  of  an  opioid  overdose  prevention program in
    21  accordance with the regulations of the department as  set  forth  in  10
    22  NYCRR 80.138.  An overdose prevention center program approved by a local
    23  health district shall apply to be an authorized syringe exchange program
    24  and registered provider of an opioid overdose prevention program.
    25    § 3398-d. Reporting. An entity operating an overdose prevention center
    26  program  under this section shall provide an annual report to the tempo-
    27  rary president of the senate,  the  speaker  of  the  assembly  and  the
    28  department  and/or  local health district that approved it for operation
    29  at a date set by the department or  local  health  district  that  shall
    30  include:
    31    1. the number of program participants;
    32    2.  aggregate  information  regarding  the  characteristics of program
    33  participants;
    34    3. the number of hypodermic needles and syringes distributed  for  use
    35  on-site;
    36    4.  the  number  of  overdoses experienced and the number of overdoses
    37  reversed on-site;
    38    5. the number of individuals directly and formally referred  to  other
    39  services and the type of service; and
    40    6.  any  other information requested by the department or local health
    41  district in furtherance of its public health and safety authority.
    42    § 3398-e. Immunity provided. Notwithstanding any other statute, law or
    43  rule to the contrary, the  following  persons  shall  not  be  arrested,
    44  charged,  or prosecuted for any criminal offense, including for attempt,
    45  aiding and abetting, or conspiracy, or be subject to any civil or admin-
    46  istrative penalty, including seizure or forfeiture  of  assets  or  real
    47  property or disciplinary action by a professional licensing board, or be
    48  denied  any  right or privilege, solely for participation or involvement
    49  in a program approved by the department or local health districts pursu-
    50  ant to this article:
    51    1. a participant;
    52    2. a staff member or administrator of a program,  including  a  health
    53  care professional, manager, employee, or volunteer; or
    54    3.  a  property  owner  who  owns  real property at which a program is
    55  located and operates.

        S. 5289--A                          4

     1    § 3398-f. Limitations on immunity. Notwithstanding the  provisions  of
     2  section  thirty-three hundred ninety-eight-e of this article, a property
     3  owner, staff member, manager, employee, volunteer, or individual utiliz-
     4  ing an overdose prevention center program is not  immune  from  criminal
     5  prosecution  for  any  activities  not permitted or approved pursuant to
     6  this article.
     7    § 2. This act shall take effect immediately and shall  expire  and  be
     8  deemed repealed December 31, 2021.