S T A T E   O F   N E W   Y O R K
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                                  5128--B
     Cal. No. 311
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 24, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Alcoholism  and  Substance
   Abuse  --  committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted  to  said  committee  --  recommitted  to  the
   Committee  on Alcoholism and Substance Abuse in accordance with Senate
   Rule 6, sec. 8 -- reported favorably from said committee,  ordered  to
   first  and  second  report,  ordered  to  a third reading, amended and
   ordered reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the public health law, in relation to enacting the model
   overdose mapping and response act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Short title. This act shall be known and may be cited as
 the "model overdose mapping and response act".
   § 2. Legislative findings and  purpose.  The  legislature  finds  that
 substance  use disorder and drug overdose is a major health problem that
 affects  the lives of many people, multiple service systems,  and  leads
 to profound consequences including permanent injury or death. Accidental
 overdoses   caused  by  heroin,  fentanyl,  other  opiates,  stimulants,
 controlled substance analogs, novel psychoactive substances,  and  other
 legal  or  illegal  drugs are a national security crisis that stress and
 strain the financial, public health,  health  care,  and  public  safety
 resources  in  New  York  state.  This  impact  is because there are few
 central databases that can quickly help identify this problem and limit-
 ed funding for support to mitigate the crisis and risks statewide. There
 is a need for collaboration among local, regional, and  state  agencies,
 service  systems, program offices within New York state, and other part-
 ners such as  federal  agencies  to  establish  a  comprehensive  system
 addressing the problems associated with overdoses and to reduce duplica-
 tive requirements across local, county, state, public safety, and health
 care  agencies.    Formalized  collaboration  allows  these  entities to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09914-05-2
 S. 5128--B                          2
 
 combine their numerous resources and strengths,  thus  reducing  insular
 decision-making.  Contemporaneous  data  collection  about,  and  public
 surveillance of, confirmed or suspected overdoses with  New  York  state
 will allow state and local agencies to focus on specific areas where the
 following  are  needed  most  in order to maximize resources: (1) inter-
 ventions to reduce supply; (2) public education about substance  misuse;
 (3)  treatment  and  other health care options to reduce demand; and (4)
 implementation of risk reduction strategies.
   The legislature's purpose in enacting this act is to: (1) provide near
 real-time drug overdose surveillance of confirmed or suspected overdoses
 occurring within New York state, using a specialized program to  collect
 information  about  overdose  incidents  that supports public safety and
 public health efforts to mobilize an  immediate  response  to  a  sudden
 increase  in  overdoses;  (2)  provide  a  centralized resource that can
 collect information about overdose incidents and make the data available
 to the health care community, public  safety  agencies,  and  municipal,
 county  and  state  agencies to quickly identify needs and provide short
 and long-term solutions while  protecting  and  respecting  the  privacy
 rights  of  individuals;  (3) discourage substance misuse and accidental
 overdoses by quickly identifying the areas in New York state where over-
 doses pose  the  highest  risk  to  the  community;  (4)  enable  local,
 regional,  and  state  agencies, service systems, and program offices to
 develop effective strategies for addressing confirmed or suspected over-
 doses occurring within their jurisdictions and implement  interventional
 strategies;  and  (5)  encourage  formal  collaborative agreements among
 local, regional,  and  state  agencies,  service  systems,  and  program
 offices  that  enhance present and future work pertaining to the various
 health  care  and  public  safety  aspects  of  this  crisis,  including
 substance use disorders, co-occurring disorders, unemployment, homeless-
 ness,  drug  supply  chains,  and  other  health  care and public safety
 issues.
   By way of this act, the legislature intends to maximize the efficiency
 of financial, public education, public health, health professional,  and
 public  safety resources so that these resources are concentrated on the
 most needy and at-risk areas and groups in New York state.
   § 3. The public health law is amended by adding a new  section  3309-b
 to read as follows:
   § 3309-B. MODEL OVERDOSE MAPPING AND RESPONSE SYSTEM. 1.  DEFINITIONS.
 FOR  THE  PURPOSES OF THIS SECTION, UNLESS THE CONTEXT CLEARLY INDICATES
 OTHERWISE, THE FOLLOWING WORDS AND  PHRASES  SHALL  HAVE  THE  FOLLOWING
 MEANINGS:
   (A) "APPLICATION PROGRAMMING INTERFACE" OR "API" MEANS A SET OF TOOLS,
 DEFINITIONS,  AND  PROTOCOLS  FOR  BUILDING  AND INTEGRATING APPLICATION
 SOFTWARE AND SERVICES WITH DIFFERENT SOFTWARE PROGRAMS.
   (B) "CORONER" MEANS THE ELECTED OR APPOINTED OFFICER IN EACH COUNTY OF
 THE STATE WHOSE RESPONSIBILITY IS TO INVESTIGATE THE CAUSE OF  DEATH  IN
 CASES.
   (C)  "EMERGENCY  DEPARTMENT  PERSONNEL" MEANS PAID OR VOLUNTEER HEALTH
 CARE PROFESSIONALS LICENSED BY  THE  STATE  WHO  WORK  IN  AN  EMERGENCY
 DEPARTMENT,  INCLUDING BUT NOT LIMITED TO PHYSICIANS, NURSES AND MEDICAL
 ASSISTANTS.
   (D) "INFORMATION TECHNOLOGY PLATFORM" MEANS  THE  WASHINGTON/BALTIMORE
 HIGH INTENSITY DRUG TRAFFICKING AREAS' OVERDOSE DETECTION MAPPING APPLI-
 CATION PROGRAM (ODMAP), WHICH HAS THE ABILITY TO:
   (I)  ALLOW  SECURE  ACCESS TO THE SYSTEM BY AUTHORIZED USERS TO REPORT
 INFORMATION ABOUT AN OVERDOSE INCIDENT REQUIRED BY THIS SECTION;
 S. 5128--B                          3
 
   (II) ALLOW SECURE ACCESS TO THE SYSTEM BY AUTHORIZED USERS TO VIEW, IN
 NEAR REAL-TIME, CERTAIN INFORMATION ABOUT  OVERDOSE  INCIDENTS  REPORTED
 PURSUANT TO THIS SECTION;
   (III)  PRODUCE A MAP IN NEAR REAL-TIME OF THE APPROXIMATE LOCATIONS OF
 CONFIRMED OR SUSPECTED OVERDOSE  INCIDENTS  REPORTED  PURSUANT  TO  THIS
 SECTION;
   (IV)  INTERFACE WITH OTHER INFORMATION SYSTEMS AND APPLICATIONS VIA AN
 API; AND
   (V) ENABLE ACCESS TO OVERDOSE INCIDENT  INFORMATION  THAT  ASSISTS  IN
 STATE  AND  LOCAL  DECISIONS  REGARDING THE ALLOCATION OF PUBLIC HEALTH,
 PUBLIC SAFETY, AND EDUCATIONAL RESOURCES.
   (E) "LAW ENFORCEMENT OFFICER" MEANS A PAID OR VOLUNTEER EMPLOYEE OF  A
 POLICE  DEPARTMENT  OR SHERIFF'S OFFICE, WHICH IS A PART OF, OR ADMINIS-
 TERED BY, THE STATE OR ANY POLITICAL SUBDIVISION THEREOF, OR  ANY  FULL-
 TIME  OR  PART-TIME  EMPLOYEE OF A PRIVATE POLICE DEPARTMENT, AND WHO IS
 RESPONSIBLE FOR THE PREVENTION AND DETECTION OF CRIME AND  THE  ENFORCE-
 MENT  OF  THE PENAL LAW, VEHICLE AND TRAFFIC LAW, OR HIGHWAY LAWS OF THE
 STATE.
   (F) "MEDICAL EXAMINER"  MEANS  AN  INDIVIDUAL  APPOINTED  PURSUANT  TO
 SECTION  FOUR  HUNDRED OF THE COUNTY LAW TO PERFORM DEATH INVESTIGATIONS
 AND TO ESTABLISH THE CAUSE AND MANNER OF DEATH, AND INCLUDES ANY  PERSON
 DESIGNATED BY SUCH PERSON TO PERFORM DUTIES REQUIRED BY LAW.
   (G)  "OVERDOSE" MEANS INJURY TO THE BODY THAT HAPPENS WHEN ONE OR MORE
 SUBSTANCES ARE TAKEN IN EXCESSIVE AMOUNTS. AN OVERDOSE CAN BE  FATAL  OR
 NONFATAL.
   (H)  "OVERDOSE  INCIDENT"  MEANS AN OCCURRENCE WHERE A LAW ENFORCEMENT
 OFFICER, PERSON WHO ADMINISTERS EMERGENCY MEDICAL SERVICES, CORONER,  OR
 MEDICAL EXAMINER ENCOUNTERS A PERSON EXPERIENCING, OR WHO RECENTLY EXPE-
 RIENCED, A CONFIRMED OR SUSPECTED OVERDOSE.
   (I)  "OVERDOSE  REVERSAL  DRUG"  MEANS NALOXONE HYDROCHLORIDE OR OTHER
 SIMILARLY ACTING DRUG THAT IS APPROVED BY  THE  FEDERAL  FOOD  AND  DRUG
 ADMINISTRATION FOR THE EMERGENCY TREATMENT OF AN OVERDOSE.
   (J) "OVERDOSE SPIKE" MEANS THE OCCURRENCE OF A SIGNIFICANT INCREASE IN
 THE  NUMBER  OF  CONFIRMED OR SUSPECTED OVERDOSES IN A CERTAIN TIMEFRAME
 THAT TRIGGERS  THE  OVERDOSE  SPIKE  RESPONSE  PLAN  WITHIN  A  SPECIFIC
 GEOGRAPHIC AREA.
   (K)  "OVERDOSE SPIKE RESPONSE PLAN" MEANS A COMPILATION OF RECOMMENDA-
 TIONS FOR COORDINATED RESPONSES TO OVERDOSE  SPIKES  IDENTIFIED  THROUGH
 THE USE OF THE INFORMATION TECHNOLOGY PLATFORM.
   (L) "PERSON WHO ADMINISTERS EMERGENCY SERVICES" MEANS A PAID OR VOLUN-
 TEER  PROFESSIONAL, OTHER THAN A LAW ENFORCEMENT OFFICER, WHO IS TRAINED
 AND LICENSED IN THE STATE TO PROVIDE EMERGENCY SERVICES TO  THE  PUBLIC,
 INCLUDING  BUT  NOT  LIMITED TO A FIREFIGHTER, EMERGENCY MEDICAL TECHNI-
 CIAN, EMERGENCY MEDICAL RESPONDER, PARAMEDIC, AND  EMERGENCY  DEPARTMENT
 PERSONNEL.
   2.  ESTABLISHMENT OF THE OVERDOSE MAPPING AND RESPONSE SYSTEM. (A) THE
 DEPARTMENT IS HEREBY DIRECTED TO:
   (I) ASCERTAIN AND DOCUMENT THE  NUMBER,  TRENDS,  PATTERNS,  AND  RISK
 FACTORS ASSOCIATED WITH KNOWN AND SUSPECTED OVERDOSES IN THE STATE, BOTH
 FATAL AND NONFATAL; AND
   (II)  DEVELOP  STRATEGIES  FOR  PUBLIC HEALTH AND PUBLIC SAFETY INTER-
 VENTIONS THAT MAY BE EFFECTIVE IN REDUCING THE RATE OF FATAL OR NONFATAL
 OVERDOSES.
   (B) IN FURTHERANCE OF THE DIRECTIVE IN PARAGRAPH (A) OF THIS  SUBDIVI-
 SION,  NO  LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,
 THE DEPARTMENT SHALL DEVELOP AN OVERDOSE MAPPING AND RESPONSE SYSTEM  IN
 S. 5128--B                          4
 
 WHICH  A  CENTRAL REPOSITORY CONTAINING INFORMATION ABOUT OVERDOSE INCI-
 DENTS IS ESTABLISHED AND MAINTAINED  USING  THE  INFORMATION  TECHNOLOGY
 PLATFORM.
   (C)  NO LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,
 THE OVERDOSE MAPPING AND RESPONSE SYSTEM SHALL CAPTURE INFORMATION ABOUT
 ALL OVERDOSE INCIDENTS IN AT LEAST EIGHTY PERCENT OF THE COUNTIES IN THE
 STATE.
   (D) THE OVERDOSE MAPPING AND RESPONSE  SYSTEM  SHALL  BE  DESIGNED  TO
 AVOID  DATA ENTRY DUPLICATION WHEREVER POSSIBLE, WHICH MAY INCLUDE USING
 ONE OR MORE APIS TO TRANSFER INFORMATION ABOUT OVERDOSE  INCIDENTS  THAT
 ARE  CURRENTLY REPORTED TO ACTIVE DATABASES EXISTING IN THE STATE TO THE
 INFORMATION TECHNOLOGY PLATFORM.
   (E) A LAW ENFORCEMENT OFFICER WHO GOES TO AN OVERDOSE  INCIDENT  SHALL
 REPORT INFORMATION ABOUT SUCH OVERDOSE INCIDENT TO THE INFORMATION TECH-
 NOLOGY  PLATFORM,  AS  DIRECTED BY PARAGRAPH (H) OF THIS SUBDIVISION, AS
 SOON AS POSSIBLE BUT NO LATER THAN TWENTY-FOUR HOURS AFTER THE  OVERDOSE
 INCIDENT, TO THE EXTENT THAT SUCH INFORMATION IS KNOWN.
   (F)  A  PERSON WHO ADMINISTERS EMERGENCY SERVICES WHO GOES TO AN OVER-
 DOSE INCIDENT, OR WHO TRANSPORTS A PERSON EXPERIENCING  A  CONFIRMED  OR
 SUSPECTED OVERDOSE TO A MEDICAL FACILITY, SHALL REPORT INFORMATION ABOUT
 SUCH  OVERDOSE  INCIDENT  TO  THE  INFORMATION  TECHNOLOGY  PLATFORM, AS
 DIRECTED BY PARAGRAPH (H) OF THIS SUBDIVISION, AS SOON AS  POSSIBLE  BUT
 NO  LATER  THAN  TWENTY-FOUR  HOURS  AFTER THE OVERDOSE INCIDENT, TO THE
 EXTENT THAT SUCH INFORMATION IS KNOWN.
   (G) WHEN A CORONER OR MEDICAL EXAMINER DETERMINES THAT THE DEATH OF  A
 PERSON  WAS CAUSED BY AN OVERDOSE, THE CORONER OR MEDICAL EXAMINER SHALL
 REPORT INFORMATION ABOUT SUCH OVERDOSE INCIDENT TO THE INFORMATION TECH-
 NOLOGY PLATFORM, AS DIRECTED BY PARAGRAPH (H) OF  THIS  SUBDIVISION,  AS
 SOON  AS POSSIBLE BUT NO LATER THAN TWENTY-FOUR HOURS AFTER THE OVERDOSE
 INCIDENT, TO THE EXTENT THAT SUCH INFORMATION IS KNOWN.
   (H) THE FOLLOWING INFORMATION ABOUT  AN  OVERDOSE  INCIDENT  SHALL  BE
 REPORTED BY THE INDIVIDUALS IDENTIFIED IN PARAGRAPHS (E), (F) AND (G) OF
 THIS SUBDIVISION USING THE INFORMATION TECHNOLOGY PLATFORM:
   (I) THE DATE AND TIME OF THE OVERDOSE INCIDENT;
   (II) THE LOCATION OF THE OVERDOSE INCIDENT;
   (III)  WHETHER  AN OVERDOSE REVERSAL DRUG WAS ADMINISTERED, AND IF SO,
 THE NUMBER OF DOSES AND THE TYPE OF DELIVERY;
   (IV)  WHETHER  THE  CONFIRMED  OR  SUSPECTED  OVERDOSE  WAS  FATAL  OR
 NONFATAL;
   (V)  THE  GENDER AND APPROXIMATE AGE OF THE PERSON SUFFERING THE OVER-
 DOSE INCIDENT; AND
   (VI) THE SUSPECTED SUBSTANCE INVOLVED.
   (I) A PERSON'S OR ENTITY'S REPORT OF  INFORMATION  ABOUT  AN  OVERDOSE
 INCIDENT PURSUANT TO THIS SECTION SHALL NOT PREEMPT OR REPLACE ANY OTHER
 REPORTING REQUIREMENT APPLICABLE TO SUCH PERSON OR ENTITY.
   (J)  DURING  THE  COURSE  OF  IMPLEMENTING  THE  OVERDOSE  MAPPING AND
 RESPONSE SYSTEM, THE DEPARTMENT:
   (I) SHALL CONSULT WITH ALL AFFECTED ENTITIES, INCLUDING BUT NOT LIMIT-
 ED TO,  LAW  ENFORCEMENT  AGENCIES,  HEALTH  CARE  PROVIDERS,  EMERGENCY
 MANAGEMENT,  EMERGENCY SERVICE PROVIDERS, PUBLIC HEALTH AGENCIES, CORON-
 ERS AND MEDICAL EXAMINERS, TRIBAL AUTHORITIES, STATE DRUG COURT  JUDGES,
 AND FEDERAL AND STATE PROSECUTORS;
   (II) SHALL ENTER INTO, OR DIRECT OTHER STATE, COUNTY OR LOCAL ENTITIES
 TO  ENTER  INTO,  ALL PARTICIPATION AGREEMENTS, DATA SHARING AGREEMENTS,
 AND OTHER MEMORANDA OF UNDERSTANDING NECESSARY TO  FULLY  IMPLEMENT  THE
 OVERDOSE MAPPING AND RESPONSE SYSTEM; AND
 S. 5128--B                          5
 
   (III)  MAY PROMULGATE RULES, REGULATIONS, OR STANDARD OPERATING PROCE-
 DURES NECESSARY TO CARRY OUT THE REQUIREMENTS OF THIS SECTION.
   (K)  PERSONS OR ENTITIES REPORTING INFORMATION ABOUT AN OVERDOSE INCI-
 DENT PURSUANT TO THIS SECTION IN GOOD FAITH  SHALL  NOT  BE  SUBJECT  TO
 CIVIL  OR  CRIMINAL  LIABILITY  OR DAMAGES FOR MAKING THE REPORT, UNLESS
 THEIR ACTS OR OMISSIONS CONSTITUTE WILLFUL AND WANTON MISCONDUCT.
   (L) THE FAILURE OF A PERSON IDENTIFIED IN PARAGRAPH (E), (F) OR (G) OF
 THIS SUBDIVISION TO REPORT INFORMATION ABOUT  AN  OVERDOSE  INCIDENT  AS
 REQUIRED  BY  THIS SECTION CONSTITUTES A FORM OF UNPROFESSIONAL CONDUCT,
 AND THE DEPARTMENT MAY REFER MATTERS OF NON-COMPLIANCE TO THE  APPROPRI-
 ATE LICENSING BOARD FOR INVESTIGATION.
   (M)  THE  DEPARTMENT  SHALL  REPORT  TO  THE LEGISLATURE REGARDING THE
 STATUS OF OVERDOSE MAPPING AND RESPONSE  SYSTEM  IMPLEMENTATION  AT  SIX
 MONTHS,  EIGHTEEN  MONTHS, AND THIRTY MONTHS AFTER THE EFFECTIVE DATE OF
 THIS SECTION. THE REPORT AT THIRTY  MONTHS  SHALL  NOT  BE  REQUIRED  IF
 STATEWIDE  ADOPTION, AS REFERENCED IN PARAGRAPH (C) OF THIS SUBDIVISION,
 IS ATTAINED PRIOR TO THE EIGHTEEN-MONTH REPORT.
   3. USING THE OVERDOSE MAPPING AND RESPONSE SYSTEM. (A) THE INFORMATION
 ABOUT OVERDOSE INCIDENTS REPORTED PURSUANT  TO  THIS  SECTION  SHALL  BE
 AVAILABLE  TO USERS OF THE INFORMATION TECHNOLOGY PLATFORM AUTHORIZED TO
 VIEW THE DATA IN REAL TIME. THE PROCESS BY WHICH SUCH  AUTHORIZED  USERS
 ARE DECIDED UPON AND DESIGNATED SHALL BE ADDRESSED IN ONE OR MORE OF THE
 PARTICIPATION  AGREEMENTS,  DATA  SHARING  AGREEMENTS,  AND MEMORANDA OF
 UNDERSTANDING  EXECUTED  WHEN  IMPLEMENTING  THE  OVERDOSE  MAPPING  AND
 RESPONSE SYSTEM.
   (B)  WITHIN ONE YEAR OF THE ENACTMENT OF THIS SECTION, THE DEPARTMENT,
 IN CONJUNCTION WITH STATE AND LOCAL LAW ENFORCEMENT AGENCIES  AND  LOCAL
 PUBLIC HEALTH DEPARTMENTS, SHALL:
   (I)  IDENTIFY PARAMETERS FOR IDENTIFYING AN OVERDOSE SPIKE THROUGH THE
 STATE; AND
   (II) CREATE OVERDOSE SPIKE RESPONSE PLANS THAT COORDINATE THE RESPONSE
 OF PUBLIC HEALTH, PUBLIC SAFETY, EMERGENCY MANAGEMENT, FIRST RESPONDERS,
 COMMUNITY ORGANIZATIONS, HEALTH CARE PROVIDERS, AND THE MEDIA  WITH  THE
 GOAL OF PREVENTING AND REDUCING THE HARM CAUSED BY OVERDOSE SPIKES.
   (C)  WITHIN  ONE  YEAR OF THE EFFECTIVE DATE OF THIS SECTION, AND EACH
 YEAR THEREAFTER, THE DEPARTMENT SHALL  PREPARE  A  COMPREHENSIVE  REPORT
 REGARDING  THE OVERDOSE MAPPING AND RESPONSE SYSTEM ESTABLISHED PURSUANT
 TO THIS SECTION THAT IS DELIVERED TO OR IMMEDIATELY ACCESSIBLE BY:
   (I) THE LEGISLATURE;
   (II) STATE, COUNTY, AND LOCAL DEPARTMENTS OF HEALTH;
   (III) THE OFFICE OF ADDICTION SERVICES AND SUPPORTS;
   (IV) THE OFFICE OF CHILDREN AND FAMILY SERVICES; AND
   (V) ANY OTHER STATE OR LOCAL AGENCY DESIGNATED BY LAW OR REGULATION.
   (D) EACH REPORT REQUIRED UNDER PARAGRAPH (C) OF THIS SUBDIVISION SHALL
 CONTAIN, AT A MINIMUM, THE FOLLOWING INFORMATION:
   (I) THE NUMBER OF OVERDOSE  INCIDENTS  REPORTED  AND  THE  APPROXIMATE
 LOCATIONS  WHERE THE OVERDOSE INCIDENTS OCCURRED, INCLUDING ANY CLUSTERS
 OF OVERDOSE INCIDENTS;
   (II) THE ENTITIES REPORTING, OR WHO EMPLOYED PERSONS REPORTING, INFOR-
 MATION ABOUT OVERDOSE INCIDENTS;
   (III) THE PERCENTAGE OF  OVERDOSE  INCIDENTS  INVOLVING  FATAL  VERSUS
 NONFATAL OVERDOSES; AND
   (IV)  HOW  THE  REPORTED INFORMATION ABOUT OVERDOSE INCIDENTS WAS USED
 FOR PUBLIC HEALTH AND PUBLIC SAFETY  RESPONSES,  THE  OUTCOMES  OF  SUCH
 RESPONSES, AND THE IMPACT ON AFFECTED COMMUNITIES.
 S. 5128--B                          6
 
   (E)  IN  ADDITION TO USING THE OVERDOSE MAPPING AND RESPONSE SYSTEM AS
 REQUIRED IN PARAGRAPHS (B), (C) AND (D) OF THIS SUBDIVISION, THE DEPART-
 MENT MAY USE SUCH SYSTEM TO:
   (I)  ESTABLISH  PUBLIC  SAFETY,  PUBLIC  HEALTH, AND BEHAVIORAL HEALTH
 PARTNERSHIPS WITHIN THE STATE;
   (II) ASSIST LOCAL COMMUNITIES  TO  IDENTIFY  ADDITIONAL  WAYS  TO  USE
 INFORMATION ABOUT OVERDOSE INCIDENTS TO DEPLOY PUBLIC HEALTH, BEHAVIORAL
 HEALTH,  AND  PUBLIC SAFETY INTERVENTIONS TO ADDRESS SPECIFIC GEOGRAPHIC
 AREAS OR HIGH-RISK INDIVIDUALS;
   (III) ASSIST IN THE DISTRIBUTION OF OVERDOSE REVERSAL DRUGS THROUGHOUT
 THE STATE; AND
   (IV) ASSIST IN IMPLEMENTING  STRATEGIES  TO  REDUCE  DRUG  SUPPLY  AND
 DEMAND,  ESPECIALLY  IN HIGH-RISK AREAS AND WHERE THERE ARE HIGH VOLUMES
 OF ELEVATED RISK POPULATIONS.
   4. LIMITATIONS ON DATA USE. (A) INFORMATION ABOUT  OVERDOSE  INCIDENTS
 REPORTED  TO  THE  OVERDOSE  MAPPING  AND RESPONSE SYSTEM BY A PERSON OR
 ENTITY OTHER THAN A LAW ENFORCEMENT OFFICER  SHALL  NOT  BE  SUBJECT  TO
 CRIMINAL INVESTIGATION.
   (B)  INFORMATION  ABOUT OVERDOSE INCIDENTS REPORTED TO, AND ACCESSIBLE
 THROUGH, THE OVERDOSE MAPPING AND RESPONSE SYSTEM  SHALL  AT  ALL  TIMES
 REMAIN CONFIDENTIAL PURSUANT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL
 LAWS  AND REGULATIONS PERTAINING TO THE COLLECTION, STORAGE, AND DISSEM-
 INATION OF PROTECTED  HEALTH  INFORMATION  AND  CONTROLLED  UNCLASSIFIED
 INFORMATION.
   5.  FINANCIAL  CONSIDERATIONS.  (A)  MONEYS SHALL BE ALLOCATED FOR THE
 PURPOSE OF FUNDING, IN WHOLE OR IN PART, THE INITIAL START-UP AND  ONGO-
 ING  ACTIVITIES  REQUIRED  BY THIS SECTION THROUGH THE USE OF FUNDS MADE
 AVAILABLE FROM  THE  OPIOID  SETTLEMENT  FUND  ESTABLISHED  PURSUANT  TO
 SECTION NINETY-NINE-NN OF THE STATE FINANCE LAW.
   (B)  THE  DEPARTMENT SHALL PURSUE ALL FEDERAL FUNDING, MATCHING FUNDS,
 AND FOUNDATION FUNDING FOR THE INITIAL START-UP AND  ONGOING  ACTIVITIES
 REQUIRED BY THIS SECTION.
   (C) THE DEPARTMENT MAY RECEIVE SUCH GIFTS, GRANTS, AND ENDOWMENTS FROM
 PUBLIC  OR PRIVATE SOURCES AS MAY BE MADE FROM TIME TO TIME, IN TRUST OR
 OTHERWISE, FOR THE USE AND BENEFIT OF THE PURPOSES OF THIS  SECTION  AND
 EXPEND  THE  SAME OR ANY INCOME DERIVED FROM IT ACCORDING TO THE TERM OF
 SUCH GIFTS, GRANTS, OR ENDOWMENTS.
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   § 5. This act shall take effect immediately.