The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    603
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  RIVERA, HOYLMAN, SALAZAR, SEPULVEDA -- 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-C to read as follows:
                               ARTICLE 33-C
                      SAFER CONSUMPTION SERVICES ACT
 SECTION 3399.   SHORT TITLE.
         3399-A. DEFINITIONS.
         3399-B. PROGRAM APPROVAL.
         3399-C. DESIGNATION.
         3399-D. REPORTING.
         3399-E. IMMUNITY PROVIDED.
         3399-F. LIMITATIONS ON IMMUNITY.
   § 3399. SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED  AS  THE
 "SAFER CONSUMPTION SERVICES ACT".
   § 3399-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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00322-01-1

 S. 603                              2
 
   § 3399-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
 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.
   §  3399-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.

 S. 603                              3

   §  3399-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;
   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.
   § 3399-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.
   § 3399-F. LIMITATIONS ON IMMUNITY. NOTWITHSTANDING THE  PROVISIONS  OF
 SECTION  THIRTY-THREE  HUNDRED NINETY-NINE-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.