S T A T E   O F   N E W   Y O R K
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                                   8534
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 20, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee 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:

   Section  1.  The  public health law is amended by adding a new article
 33-B to read as follows:
                               ARTICLE 33-B
                      SAFER CONSUMPTION SERVICES ACT
 SECTION 3398.   SHORT TITLE.
         3398-A. DEFINITIONS.
         3398-B. PROGRAM APPROVAL.
         3398-C. DESIGNATION.
         3398-D. REPORTING.
         3398-E. IMMUNITY PROVIDED.
         3398-F. LIMITATIONS ON IMMUNITY.
   § 3398. SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED  AS  THE
 "SAFER CONSUMPTION SERVICES ACT".
   § 3398-A. DEFINITIONS. AS USED IN THIS ARTICLE:
   1.  "PROGRAM"  MEANS  A SAFER CONSUMPTION SERVICES PROGRAM ESTABLISHED
 PURSUANT TO THIS ARTICLE.
   2. "ENTITY" MEANS  ANY  COMMUNITY  BASED  ORGANIZATION  THAT  PROVIDES
 EDUCATIONAL, HEALTH, HARM REDUCTION, HOUSING, OR SOCIAL SERVICES AND ANY
 HOSPITAL,  MEDICAL CLINIC OR OFFICE, HEALTH CENTER, NURSING CARE FACILI-
 TY, MENTAL HEALTH  FACILITY,  OR  OTHER  SIMILAR  ENTITY  THAT  PROVIDES
 MEDICAL CARE.
   3.  "PARTICIPANT"  MEANS AN INDIVIDUAL WHO SEEKS TO UTILIZE, UTILIZES,
 OR HAS USED A PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE.
   § 3398-B. PROGRAM APPROVAL. 1. NOTWITHSTANDING ANY OTHER STATUTE,  LAW
 OR  RULE  TO THE CONTRARY, THE DEPARTMENT OR A LOCAL HEALTH DISTRICT MAY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13094-02-7

 A. 8534                             2
 
 APPROVE AN ENTITY TO OPERATE A PROGRAM IN ONE OR MORE JURISDICTIONS UPON
 SATISFACTION OF THE REQUIREMENTS SET FORTH IN SUBDIVISION  TWO  OF  THIS
 SECTION.  THE  DEPARTMENT AND LOCAL HEALTH JURISDICTIONS SHALL ESTABLISH
 STANDARDS  FOR  PROGRAM  APPROVAL  AND  TRAINING AND MAY PROMULGATE SUCH
 RULES AND REGULATIONS AS ARE NECESSARY TO IMPLEMENT THIS SECTION.
   (A) THE DEPARTMENT OR A LOCAL HEALTH DISTRICT SHALL APPROVE OR DENY AN
 APPLICATION UNDER THIS SECTION WITHIN FORTY-FIVE  DAYS  OF  THE  DAY  OF
 RECEIPT  OF  THE  APPLICATION  AND PROVIDE A WRITTEN EXPLANATION OF SUCH
 DETERMINATION.
   (B) AN ENTITY MAY MAKE AN APPLICATION UNDER THIS SECTION AT ANY  TIME,
 REGARDLESS OF PREVIOUS APPLICATIONS.
   2.  THE  DEPARTMENT  OR LOCAL HEALTH DISTRICT MAY APPROVE AN ENTITY TO
 OPERATE A PROGRAM PURSUANT TO THIS ARTICLE, UPON SUBMISSION OF AN APPLI-
 CATION THAT DEMONSTRATES THE ENTITY WILL, AT A MINIMUM:
   (A) PROVIDE A HYGIENIC SPACE  WHERE  PARTICIPANTS  MAY  CONSUME  THEIR
 PREOBTAINED  DRUGS THAT IS SEPARATE FROM THE SPACE IN WHICH THE PROVIDER
 PERFORMS OTHER BUSINESS, IF ANY;
   (B) PROVIDE ADEQUATE STAFFING BY  HEALTHCARE  PROFESSIONALS  OR  OTHER
 TRAINED STAFF;
   (C)  PROVIDE  STERILE  INJECTION  SUPPLIES,  COLLECT  USED  HYPODERMIC
 NEEDLES AND SYRINGES, AND PROVIDE SECURE HYPODERMIC NEEDLE  AND  SYRINGE
 DISPOSAL SERVICES;
   (D)  PROVIDE  EDUCATION ON SAFE CONSUMPTION PRACTICES, PROPER DISPOSAL
 OF HYPODERMIC NEEDLES AND SYRINGES, AND OVERDOSE  PREVENTION,  INCLUDING
 WRITTEN  INFORMATION  IN,  AT  A  MINIMUM, THE FOUR MOST COMMONLY SPOKEN
 LANGUAGES IN THE STATE AS DETERMINED BY THE DEPARTMENT OR  LOCAL  HEALTH
 DISTRICT;
   (E)  ADMINISTER  FIRST  AID,  IF  NEEDED, AND MONITOR PARTICIPANTS FOR
 POTENTIAL OVERDOSE;
   (F) PROVIDE REFERRALS TO ADDICTION TREATMENT, MEDICAL, SOCIAL WELFARE,
 AND EMPLOYMENT AND TRAINING SERVICES;
   (G) EDUCATE PARTICIPANTS ON THE RISKS OF  CONTRACTING  HIV  AND  VIRAL
 HEPATITIS  AND  PROVIDE SEXUAL HEALTH RESOURCES AND SUPPLIES, INCLUDING,
 BUT NOT LIMITED TO, MALE AND FEMALE CONDOMS;
   (H) PROVIDE ACCESS TO NALOXONE OR REFERRALS  TO  OBTAIN  NALOXONE  FOR
 PARTICIPANTS;
   (I)  PROVIDE  REASONABLE AND ADEQUATE SECURITY OF THE PROGRAM SITE AND
 EQUIPMENT;
   (J) ENSURE CONFIDENTIALITY OF PROGRAM PARTICIPANTS BY USING AN  ANONY-
 MOUS UNIQUE IDENTIFIER;
   (K)  TRAIN STAFF MEMBERS TO DELIVER SERVICES OFFERED BY THE PROGRAM OR
 ATTEND TRAININGS PROVIDED BY THE DEPARTMENT OR LOCAL HEALTH JURISDICTION
 IF REQUIRED; AND
   (L) ESTABLISH OPERATING PROCEDURES FOR THE PROGRAM AS WELL  AS  ELIGI-
 BILITY  CRITERIA  FOR  PROGRAM  PARTICIPANTS IF NOT PREDETERMINED BY THE
 DEPARTMENT OR LOCAL HEALTH DISTRICT.
   § 3398-C. DESIGNATION. A DEPARTMENT APPROVED  PROGRAM  SHALL  ALSO  BE
 DESIGNATED  AS AN AUTHORIZED SYRINGE EXCHANGE PROGRAM IN ACCORDANCE WITH
 THE REGULATIONS OF THE DEPARTMENT AS SET FORTH IN 10 NYCRR 80.135 AND AS
 A REGISTERED PROVIDER  OF  AN  OPIOID  OVERDOSE  PREVENTION  PROGRAM  IN
 ACCORDANCE  WITH  THE  REGULATIONS  OF THE DEPARTMENT AS SET FORTH IN 10
 NYCRR 80.138. A SAFER CONSUMPTION PROGRAM APPROVED  BY  A  LOCAL  HEALTH
 DISTRICT  SHALL  APPLY  TO BE AN AUTHORIZED SYRINGE EXCHANGE PROGRAM AND
 REGISTERED PROVIDER OF AN OPIOID OVERDOSE PREVENTION PROGRAM.
   § 3398-D. REPORTING. AN ENTITY OPERATING A SAFER  CONSUMPTION  PROGRAM
 UNDER  THIS  SECTION SHALL PROVIDE AN ANNUAL REPORT TO THE DEPARTMENT OR

 A. 8534                             3
 
 LOCAL HEALTH DISTRICT THAT APPROVED IT FOR OPERATION AT A  DATE  SET  BY
 THE DEPARTMENT OR LOCAL HEALTH DISTRICT THAT SHALL INCLUDE:
   1. THE NUMBER OF PROGRAM PARTICIPANTS;
   2.  AGGREGATE  INFORMATION  REGARDING  THE  CHARACTERISTICS OF PROGRAM
 PARTICIPANTS;
   3. THE NUMBER OF HYPODERMIC NEEDLES AND SYRINGES DISTRIBUTED  FOR  USE
 ON-SITE;
   4.  THE  NUMBER  OF  OVERDOSES EXPERIENCED AND THE NUMBER OF OVERDOSES
 REVERSED ON-SITE; AND
   5. THE NUMBER OF INDIVIDUALS DIRECTLY AND FORMALLY REFERRED  TO  OTHER
 SERVICES AND THE TYPE OF SERVICE.
   § 3398-E. IMMUNITY PROVIDED. NOTWITHSTANDING ANY OTHER STATUTE, LAW OR
 RULE  TO  THE  CONTRARY,  THE  FOLLOWING  PERSONS SHALL NOT BE ARRESTED,
 CHARGED, OR PROSECUTED FOR ANY CRIMINAL OFFENSE OR  BE  SUBJECT  TO  ANY
 CIVIL  OR  ADMINISTRATIVE  PENALTY,  INCLUDING  SEIZURE OR FORFEITURE OF
 ASSETS OR REAL PROPERTY OR DISCIPLINARY ACTION BY A PROFESSIONAL LICENS-
 ING BOARD, OR BE DENIED ANY RIGHT OR PRIVILEGE, SOLELY FOR PARTICIPATION
 OR INVOLVEMENT IN A SAFER CONSUMPTION PROGRAM APPROVED BY THE DEPARTMENT
 OR LOCAL HEALTH DISTRICTS PURSUANT TO THIS ARTICLE:
   1. A PARTICIPANT;
   2. A STAFF MEMBER OR ADMINISTRATOR OF A PROGRAM, INCLUDING  A  HEALTH-
 CARE PROFESSIONAL, MANAGER, EMPLOYEE, OR VOLUNTEER; OR
   3.  A  PROPERTY  OWNER  WHO  OWNS  REAL PROPERTY AT WHICH A PROGRAM IS
 LOCATED AND OPERATES.
   § 3398-F. LIMITATIONS ON IMMUNITY. NOTWITHSTANDING THE  PROVISIONS  OF
 SECTION  THIRTY-THREE HUNDRED NINETY-EIGHT-E OF THIS ARTICLE, A PROPERTY
 OWNER, STAFF MEMBER, MANAGER, EMPLOYEE, VOLUNTEER, OR INDIVIDUAL UTILIZ-
 ING A SAFER CONSUMPTION SERVICES PROGRAM IS  NOT  IMMUNE  FROM  CRIMINAL
 PROSECUTION  FOR  ANY  ACTIVITIES  NOT PERMITTED OR APPROVED PURSUANT TO
 THIS ARTICLE.
   § 2. This act shall take effect immediately.