NY State Senate Bill 2017-S8809

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 21, 2018	referred to health

2017-S8809 (ACTIVE) - Details

See Assembly Version of this Bill:: A8534
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 33-B §§3398 - 3398-f
Versions Introduced in Other Legislative Sessions:: 2019-2020: S498, A60
2021-2022: S603, A224
2023-2024: S399, A338
2025-2026: S7617, A4916

2017-S8809 (ACTIVE) - Summary

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

2017-S8809 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8809

SPONSOR: RIVERA
 
TITLE OF BILL:

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

 
PURPOSE:

This bill relates to the enactment of the Safer Consumption Services
Act.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the Public Health law by adding a new article 33-B.

Section two sets forth the effective date.

 
JUSTIFICATION:

Over the past decade, opioid abuse has reached epidemic levels in the
United States. The Substance Abuse and Mental Health Services Adminis-
tration (SAMHSA) estimates that over 2 million Americans are dependent
on opioids, and that more Americans now use prescription painkillers
than tobacco. New York State has been particularly hard hit by this
epidemic. In 2014, over one thousand New Yorkers died from opioid over-
doses-nearly four times the number of opioid overdose deaths recorded in
2005. Hospitals across New York State had over 37,000 opioid-related
outpatient visits and over 75,000 opioid-related inpatient admissions in
2014.

A study by the Injection Drug Users Health Alliance (IDUHA) found that
46% of intravenous drug users inject in public places, such as parks or
subways, and 60% of users inject in public places, such as public bath-
rooms. Improperly discarded syringes can pose health risks, and opioid
use is correlated with higher rates of HIV/AIDS, Hepatitis C, as well as
negative public health outcomes.

This bill will reduce overdose deaths associated with opioid use and the
dangers to the public caused by public IV drug use by authorizing the
New York State Department of Health and local health jurisdictions to
establish and operate safer consumption services programs-spaces where
individuals can use pre-obtained drugs under the supervision of medical
professionals. Staff members of these programs will provide sterile
injection supplies, collect used hypodermic needles and syringes, and
teach patients about safe consumption practices. Patients will also be
able to access referrals to addiction treatment, job training, and other
social services.

There are approximately 100 similar programs operating in at least 66
cities in nine countries, including Germany, Spain, and Canada.  Seattle
is in the process of establishing a safer consumption program, and other
states, including Maine and Maryland, have introduced similar legis-
lation. The first and only safer consumption program in North American
opened in Vancouver in 2003. Since then, the program has had roughly 3.5
million visitors; staff members have intervened in roughly 5,000 over-
doses and no one has died at the facility.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8809 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8809
 
                             I N  S E N A T E
 
                               May 21, 2018
                                ___________
 
 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 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13094-02-7

 S. 8809                             2
 
 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
 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;

 S. 8809                             3
 
   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.

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Senate Bill S8809

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

2017-S8809 (ACTIVE) - Details

2017-S8809 (ACTIVE) - Summary

2017-S8809 (ACTIVE) - Sponsor Memo

2017-S8809 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8809

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Sponsored By

Gustavo Rivera

Archive: Last Bill Status - In Senate Committee Health Committee

2017-S8809 (ACTIVE) - Details

2017-S8809 (ACTIVE) - Summary

2017-S8809 (ACTIVE) - Sponsor Memo

2017-S8809 (ACTIVE) - Bill Text download pdf

Comments