S T A T E   O F   N E W   Y O R K
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                                   4397
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced  by  M.  of A. STECK, JENSEN -- read once and referred to the
   Committee on Health
 
 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
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05972-01-3
              

 A. 4397                             2
 
 (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-c
 to read as follows:
   § 3309-C. 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;
   (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;
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   (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
 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
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 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
   (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
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 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.
   (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;
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   (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.