NY State Senate Bill 2019-S5289A

Senate Bill S5289A

2019-2020 Legislative Session

Enacts the overdose prevention centers act and provides for the repeal of such provisions upon the expiration thereof

download bill text pdf

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
Jan 08, 2020	referred to health
May 10, 2019	print number 5289a
May 10, 2019	amend and recommit to health
Apr 23, 2019	referred to health

Bill Amendments

Original

A (Active)

2019-S5289 - Details

See Assembly Version of this Bill:: A7813
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 33-B §§3398 - 3398-f, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S2530, A751

2019-S5289 - Summary

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

2019-S5289 - Sponsor Memo

                                
 
BILL NUMBER: S5289

SPONSOR: RIVERA
 
TITLE OF BILL:  An act to amend the public health law, in relation to
enacting the overdose prevention centers act; and providing for the
repeal of such provisions upon expiration thereof

 
PURPOSE:

This bill relates to the enactment of the Overdose Prevention Centers
Act, which will provide for a demonstration program in a few counties.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the Public Health law by adding a new article 33-B to
establish the Overdose Prevention Centers Act which will allow programs
in limited jurisdictions, with either State or City approval, to evalu-
ate and test the public health impact of overdose prevention center
services.

Section two sets forth an immediate effective date and establishes a

December 31, 2021 sunset 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 semi-public places, such  as  public
bathrooms.  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 providing an
opportunity to have centers in certain jurisdictions have programs which
can be evaluated and studied. The bill authorizes  the  New  York  State
Department of Health and certain local health jurisdictions to establish
and operate overdoes prevention center programs-spaces where individuals
can  use  pre-obtained  drugs  under  the supervision of medical profes-
sionals. 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
and  Philadelphia  are  in the process of establishing similar programs,
and other states, including California, Colorado, Massachusetts,  Maine,
Maryland, and Vermont have introduced similar legislation. 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 overdoses and no one has
died at the facility.

This legislation provides certain jurisdictions within  New  York  State
the ability to establish Overdose Prevention Centers.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This  act  shall  take effect immediately, provided it shall be repealed
December 31, 2021.

2019-S5289 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5289
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              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:
 
   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.
   4. "PARTICIPANT" MEANS AN INDIVIDUAL WHO SEEKS TO  UTILIZE,  UTILIZES,
 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.
                                                            LBD11255-02-9

 S. 5289                             2
 
   §  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 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
 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

 S. 5289                             3
 
 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 DEPART-
 MENT 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
 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.

co-Sponsors

View additional co-sponsors

2019-S5289A (ACTIVE) - Details

See Assembly Version of this Bill:: A7813
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 33-B §§3398 - 3398-f, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S2530, A751

2019-S5289A (ACTIVE) - Summary

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

2019-S5289A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5289A

SPONSOR: RIVERA
 
TITLE OF BILL:  An act to amend the public health law, in relation to
enacting the overdose prevention centers act; and providing for the
repeal of such provisions upon expiration thereof

 
PURPOSE:;

This bill relates to the enactment of the Overdose Prevention Centers
Act, which will provide for a demonstration program in a few counties.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the Public Health law by adding a new article 33-B to
establish the Overdose Prevention Centers Act which will allow programs
in limited jurisdictions, with either State or City approval, to evalu-
ate and test the public health impact of overdose prevention center
services.

Section two sets forth an immediate effective date and establishes a

December 31, 2021 sunset 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 semi-public places, such as public
bathrooms. 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 providing an
opportunity to have centers in certain jurisdictions have programs which
can be evaluated and studied. The bill authorizes the New York State
Department of Health and certain local health jurisdictions to establish
and operate overdoes prevention center programs-spaces where individuals
can use pre-obtained drugs under the supervision of medical profes-
sionals. 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
and Philadelphia are in the process of establishing similar programs,
and other states, including California, Colorado, Massachusetts, Maine,
Maryland, and Vermont have introduced similar legislation. 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 overdoses and no one has
died at the facility.

This legislation provides certain jurisdictions within New York State
the ability to establish Overdose Prevention Centers.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately, provided it shall be repealed
December 31, 2021.

2019-S5289A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5289--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              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:
 
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11255-05-9

 S. 5289--A                          2
 
   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.
   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;

 S. 5289--A                          3
 
   (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
 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.

 S. 5289--A                          4
 
   § 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
 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.

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Senate Bill S5289A

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Gustavo Rivera