Bill Text: NY S05289 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts the "overdose prevention centers act" and provides for the repeal of such provisions upon the expiration thereof.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HEALTH [S05289 Detail]
Download: New_York-2019-S05289-Introduced.html
Bill Title: Enacts the "overdose prevention centers act" and provides for the repeal of such provisions upon the expiration thereof.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HEALTH [S05289 Detail]
Download: New_York-2019-S05289-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5289 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 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. 22 3. "Jurisdiction" means any entity operating at a location approved by 23 the department or local health district in the city of Ithaca or in the 24 boroughs of Manhattan, Brooklyn or the Bronx in the city of New York. 25 4. "Participant" means an individual who seeks to utilize, utilizes, 26 or has used a program established pursuant to this article. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11255-02-9S. 5289 2 1 § 3398-b. Program approval. 1. Notwithstanding any other statute, law 2 or rule to the contrary, the department or a local health district may 3 approve an entity to operate a program in one or more jurisdictions upon 4 satisfaction of the requirements set forth in subdivision two of this 5 section. The department or a local health district shall establish stan- 6 dards for program approval and training and may promulgate such rules 7 and regulations as are necessary to implement this section. 8 (a) The department or a local health district in a jurisdiction shall 9 approve or deny an application under this section within forty-five days 10 of the day of receipt of the application and provide a written explana- 11 tion of such determination. 12 (b) An entity in a jurisdiction may make an application under this 13 section at any time, regardless of previous applications. 14 2. The department or local health district may approve an entity to 15 operate a program in a jurisdiction pursuant to this article, upon 16 submission of an application that demonstrates the entity will, at a 17 minimum: 18 (a) provide a hygienic space where participants may consume their 19 pre-obtained drugs that is separate from the space in which the entity 20 performs other business, if any; 21 (b) provide adequate staffing by healthcare professionals or other 22 trained staff; 23 (c) provide sterile injection supplies, collect used hypodermic 24 needles and syringes, provide secure hypodermic needle and syringe 25 disposal services, and provide the ability to self-test the composition 26 of pre-obtained drugs; 27 (d) provide education on safe consumption practices, proper disposal 28 of hypodermic needles and syringes, and overdose prevention, including 29 written information in, at a minimum, the four most commonly spoken 30 languages in the state as determined by the department or local health 31 district; 32 (e) administer first aid, if needed, and monitor participants for 33 potential overdose, including the administration of naloxone by an 34 appropriately trained or credentialed staff member of the program, which 35 may include, but is not limited to a registered nurse pursuant to 36 section sixty-nine hundred nine of the education law; 37 (f) provide referrals to addiction treatment, medical, social welfare, 38 and employment and training services; 39 (g) educate participants on the risks of contracting HIV and viral 40 hepatitis, and provide sexual health resources and supplies, including, 41 but not limited to, male and female condoms; 42 (h) provide access to naloxone or to equivalent treatments, or refer- 43 rals to obtain naloxone or such equivalent treatments, for participants; 44 (i) provide reasonable and adequate security of the program site and 45 equipment; 46 (j) ensure confidentiality of program participants by using an anony- 47 mous unique identifier, unless participants provide appropriate consent; 48 (k) train staff members to deliver services offered by the program or 49 attend trainings provided by the department or local health district if 50 required; 51 (l) establish and make available to the public operating procedures 52 for the program, including but not limited to the standard hours of 53 operation, a minimum number of personnel required to be on-site during 54 those hours of operation, the licensing and training standards for staff 55 present, an established maximum number of individuals who can be served 56 at one time and an established relationship with the nearest emergencyS. 5289 3 1 department of a general acute care hospital, as well as eligibility 2 criteria for program participants if not predetermined by the department 3 or local health district. 4 (m) establish a good neighbor policy that facilitates communication 5 from and to local businesses and residences, to the extent they exist, 6 to address any neighborhood concerns and complaints; and 7 (n) establish a policy for informing local government officials and 8 neighbors about the approved entity's complaint procedures, and the 9 contact number of the director, manager, or operator of the approved 10 entity. 11 § 3398-c. Designation. A department approved program shall also be 12 designated as an authorized syringe exchange program in accordance with 13 the regulations of the department as set forth in 10 NYCRR 80.135 and as 14 a registered provider of an opioid overdose prevention program in 15 accordance with the regulations of the department as set forth in 10 16 NYCRR 80.138. An overdose prevention center program approved by a local 17 health district shall apply to be an authorized syringe exchange program 18 and registered provider of an opioid overdose prevention program. 19 § 3398-d. Reporting. An entity operating an overdose prevention center 20 program under this section shall provide an annual report to the depart- 21 ment and/or local health district that approved it for operation at a 22 date set by the department or local health district that shall include: 23 1. the number of program participants; 24 2. aggregate information regarding the characteristics of program 25 participants; 26 3. the number of hypodermic needles and syringes distributed for use 27 on-site; 28 4. the number of overdoses experienced and the number of overdoses 29 reversed on-site; 30 5. the number of individuals directly and formally referred to other 31 services and the type of service; and 32 6. any other information requested by the department or local health 33 district in furtherance of its public health and safety authority. 34 § 3398-e. Immunity provided. Notwithstanding any other statute, law or 35 rule to the contrary, the following persons shall not be arrested, 36 charged, or prosecuted for any criminal offense, including for attempt, 37 aiding and abetting, or conspiracy, or be subject to any civil or admin- 38 istrative penalty, including seizure or forfeiture of assets or real 39 property or disciplinary action by a professional licensing board, or be 40 denied any right or privilege, solely for participation or involvement 41 in a program approved by the department or local health districts pursu- 42 ant to this article: 43 1. a participant; 44 2. a staff member or administrator of a program, including a health 45 care professional, manager, employee, or volunteer; or 46 3. a property owner who owns real property at which a program is 47 located and operates. 48 § 3398-f. Limitations on immunity. Notwithstanding the provisions of 49 section thirty-three hundred ninety-eight-e of this article, a property 50 owner, staff member, manager, employee, volunteer, or individual utiliz- 51 ing an overdose prevention center program is not immune from criminal 52 prosecution for any activities not permitted or approved pursuant to 53 this article. 54 § 2. This act shall take effect immediately and shall expire and be 55 deemed repealed December 31, 2021.
