S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7813
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 23, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred 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:
 
   Section 1. The public health law is amended by adding  a  new  article
 33-B to read as follows:
                               ARTICLE 33-B
                      OVERDOSE PREVENTION CENTERS 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
 "OVERDOSE PREVENTION CENTERS ACT".
   § 3398-A. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "PROGRAM" MEANS AN OVERDOSE PREVENTION CENTERS PROGRAM  ESTABLISHED
 PURSUANT  TO  THIS  ARTICLE  THAT IS AUTHORIZED TO EVALUATE AND TEST THE
 PUBLIC HEALTH IMPACT OF OVERDOSE PREVENTION  CENTER  SERVICES  WITHIN  A
 JURISDICTION.
   2.  "ENTITY" MEANS A NOT-FOR-PROFIT, COMMUNITY BASED ORGANIZATION THAT
 IS APPROVED TO PROVIDE EDUCATIONAL,  HEALTH,  HARM  REDUCTION,  HOUSING,
 SYRINGE EXCHANGE OR SOCIAL SERVICES.
   3. "JURISDICTION" MEANS ANY ENTITY OPERATING AT A LOCATION APPROVED BY
 THE  DEPARTMENT OR LOCAL HEALTH DISTRICT IN THE CITY OF ITHACA OR IN THE
 BOROUGHS OF MANHATTAN, BROOKLYN OR THE BRONX IN THE CITY OF NEW YORK.

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

                                                            LBD11255-06-9

 A. 7813                             2
 
   4. "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 OR A LOCAL HEALTH DISTRICT SHALL ESTABLISH STAN-
 DARDS 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 IN A JURISDICTION 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  EXPLANA-
 TION OF SUCH DETERMINATION.
   (B)  AN  ENTITY  IN  A JURISDICTION 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  IN  A  JURISDICTION  PURSUANT TO THIS ARTICLE, UPON
 SUBMISSION OF AN APPLICATION THAT DEMONSTRATES THE  ENTITY  WILL,  AT  A
 MINIMUM:
   (A)  PROVIDE  A  HYGIENIC  SPACE  WHERE PARTICIPANTS MAY CONSUME THEIR
 PRE-OBTAINED DRUGS THAT IS SEPARATE FROM THE SPACE IN WHICH  THE  ENTITY
 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,  PROVIDE  SECURE  HYPODERMIC  NEEDLE AND SYRINGE
 DISPOSAL SERVICES, AND PROVIDE THE ABILITY TO SELF-TEST THE  COMPOSITION
 OF PRE-OBTAINED DRUGS;
   (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, INCLUDING  THE  ADMINISTRATION  OF  NALOXONE  BY  AN
 APPROPRIATELY TRAINED OR CREDENTIALED STAFF MEMBER OF THE PROGRAM, WHICH
 MAY  INCLUDE,  BUT  IS  NOT  LIMITED  TO  A REGISTERED NURSE PURSUANT TO
 SECTION SIXTY-NINE HUNDRED NINE OF THE EDUCATION LAW;
   (F) PROVIDE REFERRALS  TO  OASAS  LICENSED  AND  CERTIFIED  PROVIDERS,
 ESTABLISHED  HARM  REDUCTION  PROGRAMS,  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 TO EQUIVALENT TREATMENTS, OR  REFER-
 RALS TO OBTAIN NALOXONE OR SUCH EQUIVALENT TREATMENTS, 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, UNLESS PARTICIPANTS PROVIDE APPROPRIATE CONSENT;
   (K)  TRAIN STAFF MEMBERS TO DELIVER SERVICES OFFERED BY THE PROGRAM OR
 ATTEND TRAININGS PROVIDED BY THE DEPARTMENT OR LOCAL HEALTH DISTRICT  IF
 REQUIRED;
   (L)  ESTABLISH  AND  MAKE AVAILABLE TO THE PUBLIC OPERATING PROCEDURES
 FOR THE PROGRAM, INCLUDING BUT NOT LIMITED  TO  THE  STANDARD  HOURS  OF
 OPERATION,  A  MINIMUM NUMBER OF PERSONNEL REQUIRED TO BE ON-SITE DURING

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 THOSE HOURS OF OPERATION, THE LICENSING AND TRAINING STANDARDS FOR STAFF
 PRESENT, AN ESTABLISHED MAXIMUM NUMBER OF INDIVIDUALS WHO CAN BE  SERVED
 AT  ONE  TIME AND AN ESTABLISHED RELATIONSHIP WITH THE NEAREST EMERGENCY
 DEPARTMENT  OF  A  GENERAL  ACUTE  CARE HOSPITAL, AS WELL AS ELIGIBILITY
 CRITERIA FOR PROGRAM PARTICIPANTS IF NOT PREDETERMINED BY THE DEPARTMENT
 OR LOCAL HEALTH DISTRICT.
   (M) ESTABLISH A GOOD NEIGHBOR POLICY  THAT  FACILITATES  COMMUNICATION
 FROM  AND  TO LOCAL BUSINESSES AND RESIDENCES, TO THE EXTENT THEY EXIST,
 TO ADDRESS ANY NEIGHBORHOOD CONCERNS AND COMPLAINTS; AND
   (N) ESTABLISH A POLICY FOR INFORMING LOCAL  GOVERNMENT  OFFICIALS  AND
 NEIGHBORS  ABOUT  THE  APPROVED  ENTITY'S  COMPLAINT PROCEDURES, AND THE
 CONTACT NUMBER OF THE DIRECTOR, MANAGER, OR  OPERATOR  OF  THE  APPROVED
 ENTITY.
   §  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.  AN OVERDOSE PREVENTION CENTER 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 AN OVERDOSE PREVENTION CENTER
 PROGRAM  UNDER THIS SECTION SHALL PROVIDE AN ANNUAL REPORT TO THE TEMPO-
 RARY PRESIDENT OF THE SENATE,  THE  SPEAKER  OF  THE  ASSEMBLY  AND  THE
 DEPARTMENT  AND/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;
   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;
   5. THE NUMBER OF INDIVIDUALS DIRECTLY AND FORMALLY REFERRED  TO  OTHER
 SERVICES AND THE TYPE OF SERVICE; AND
   6.  ANY  OTHER INFORMATION REQUESTED BY THE DEPARTMENT OR LOCAL HEALTH
 DISTRICT IN FURTHERANCE OF ITS PUBLIC HEALTH AND SAFETY AUTHORITY.
   § 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, INCLUDING FOR ATTEMPT,
 AIDING AND ABETTING, OR CONSPIRACY, OR BE SUBJECT TO ANY CIVIL OR ADMIN-
 ISTRATIVE PENALTY, INCLUDING SEIZURE OR FORFEITURE  OF  ASSETS  OR  REAL
 PROPERTY OR DISCIPLINARY ACTION BY A PROFESSIONAL LICENSING BOARD, OR BE
 DENIED  ANY  RIGHT OR PRIVILEGE, SOLELY FOR PARTICIPATION OR INVOLVEMENT
 IN A PROGRAM APPROVED BY THE DEPARTMENT OR LOCAL HEALTH DISTRICTS PURSU-
 ANT 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 AN OVERDOSE PREVENTION CENTER PROGRAM IS NOT  IMMUNE  FROM  CRIMINAL

 A. 7813                             4
 
 PROSECUTION  FOR  ANY  ACTIVITIES  NOT PERMITTED OR APPROVED PURSUANT TO
 THIS ARTICLE.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed December 31, 2021.