NY State Senate Bill 2023-S399B

Archive: Last Bill Status - In Senate Committee Finance 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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 07, 2024	reported and committed to finance
May 02, 2024	print number 399b
May 02, 2024	amend (t) and recommit to health
Jan 03, 2024	referred to health
May 23, 2023	reported and committed to finance
Jan 23, 2023	print number 399a
Jan 23, 2023	amend and recommit to health
Jan 04, 2023	referred to health

Votes

- May 7, 2024 - Health Committee Vote
  S399B
  
  Aye
  
  7
  
  Nay
  
  6
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Health Committee Vote: May 7, 2024
      
      aye (7)
      
      Brouk
      
      Hoylman-Sigal
      
      May
      
      Myrie
      
      Rivera
      
      Salazar
      
      Webb
      
      nay (6)
      
      Ashby
      
      Felder
      
      Gallivan
      
      Martins
      
      Rhoads
      
      Stec
      
      aye wr (2)
      
      Mannion
      
      Thomas
  May 23, 2023 - Health Committee Vote
  S399B
  
  Aye
  
  7
  
  Nay
  
  6
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Health Committee Vote: May 23, 2023
      
      aye (7)
      
      Brouk
      
      Hoylman-Sigal
      
      May
      
      Myrie
      
      Rivera
      
      Salazar
      
      Webb
      
      nay (6)
      
      Ashby
      
      Felder
      
      Gallivan
      
      Martins
      
      Rhoads
      
      Stec
      
      aye wr (2)
      
      Mannion
      
      Thomas

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2023-S399 - Details

Current Committee:: Senate Finance
Law Section:: Public Health Law
Laws Affected:: Add Art 33-C §§3399 - 3399-f, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8809
2019-2020: S498
2021-2022: S603
2025-2026: S7617

2023-S399 - Summary

Enacts the safer consumption services pilot program act which provides for the establishment of a pilot program to provide overdose prevention center pilot programs.

2023-S399 - Sponsor Memo

                                 
BILL NUMBER: S399

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to enacting the safer
consumption services act

 
PURPOSE:

This bill relates to the enactment of the Safer Consumption Services Act
to authorize and regulate Overdose Prevention Centers in New York State.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Public Health law to add a new Article 33-C known as
the Safe Consumption Services Act, creating sections 3399 a-e of the
Public Health law.

Section 3399a creates definitions for "program" as an overdose
prevention center instead of safer consumption services. This section
also defines "Entity" and "Participants," as it relates to the

provisions of Article 33-C.

Section 3399-b establishes the approval process for overdose prevention
centers which includes timelines for approval and minimum requirements
for the Department of Health to regulate.

Section 3399-C mandates reporting requirements for overdose prevention
centers that includes the number of participants, syringe uses, experi-
enced and intervened overdoses, referrals to other services, and charac-
teristic information.

Section 3399-e establishes the immunity protections for participants,
staff, and property owners.

Section 2 of this bill sets the effective date.

 
JUSTIFICATION:

New York and the rest of the country are now over five years into an
opioid public health emergency, first declared in October 2017 by the
federal government. This year, the federal government issued a new
comprehensive strategy to address drug overdoses, and New York and other
states are receiving new resources from settlements with opioid manufac-
turers, distributors and others that provide an opportunity to bolster
efforts to prevent abuse, support treatment and reduce harm in order to
prevent as many drug overdose deaths as possible. Due to fentanyl's
increased presence in the drug supply, OASAS also consideri harm
reduction strategies as "imperative" to reducing the risk of overdose
for people using "essentially anything purchased illicitly." According
to OASAS, harm reduction strategies include: access to and disposal of
sterile syringes and injection equipment; access to fentanyl test
strips; overdose prevention centers; and increased availability of
naloxone and overdose prevention education and training.

Since the opening of the two overdose prevention centers (OPCs) run by
OnPoint NYC on November 30, 2021, these facilities have been an essen-
tial tool for reducing overdose deaths in New York City (NYC).  As of
December 2022, there have been over 2,000 participants, 600 overdose
interventions, and 50,000 utilizations. The centers are collocated with
Syringe Exchange Programs (SEPs) which provide harm reduction services
for people with substance abuse disorder. The services provided in this
setting include health screenings, testing the substance for safety of
use, and monitoring by staff trained at the nurse level. The SEPs offer
a supplemental number of services that provides a general safe space for
people who use drugs and are commonly experiencing homelessness that
includes laundry service, a place to sleep, food, and holistic services
among the many other harm reduction services offered.

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 public places such as public bath-
rooms. 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. OPCs address many of these neighborhood
issues through syringe cleanup, mobile testing, and community outreach
while helping individuals who utilize services inside the facility.

This bill will reduce overdose deaths associated with opioid use and the
dangers to the public caused by public drug use by allowing the New York
State Department of Health to authorize and regulate OPCs for spaces
where individuals can use pre-obtained drugs under the supervision of
medical professionals. Staff members of these programs will provide
sterile injection supplies, collect used hypodermic needles and syring-
es, and teach patients about safe consumption practices. Participants
will also be able to access referrals to addiction treatment, job train-
ing, and other social services. This bill would allow state funds to be
used to fund OPCs and would grant protections from criminal prosecution
for people who decide to participate in these programs. Currently, OPCs
are only funded through private donations. It is estimated that the NYC
OPCs cost around $3 million annually to operate and the two current NYC
OPCs have save the state an average of $19 million annually by reducing
overdoses and reducing ambulance and hospital services as it relates to
overdose interventions and substance use disorder including hazardous
waste collection averting costs to the neighborhoods being served.

There are approximately 100 similar programs operating in at least 66
cities in nine countries, including Germany, Spain, Portugal, and Cana-
da. Seattle is in the process of establishing a safer consumption
program, and other states, including Maine, Rhode Island, and Maryland,
have introduced similar legislation. The first and only safer consump-
tion program in North America opened in Vancouver in 2003. Since then,
the program has had roughly 3.6 million visitors and staff members have
intervened in over 6,000 overdoses and no one has died at the facility.

 
LEGISLATIVE HISTORY:

2017-2018: S8809/A8534 Rosenthal L

2019-2020: S498/A60 Rosenthal L

2021-2022: S603/A224 Rosenthal L

 
FISCAL IMPLICATIONS:

To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S399 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    399
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  RIVERA,  BRISPORT, BROUK, CLEARE, COMRIE, COONEY,
   HOYLMAN,  JACKSON,  KRUEGER,  MAY,  MYRIE,  PARKER,  RAMOS,   SALAZAR,
   SANDERS,  SEPULVEDA,  SERRANO  --  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. 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 AN OVERDOSE PREVENTION CENTER PROGRAM ESTABLISHED
 PURSUANT TO THIS ARTICLE.
   2. "ENTITY" MEANS ANY COMMUNITY-BASED ORGANIZATION THAT IS AN  AUTHOR-
 IZED  SYRINGE EXCHANGE PROGRAM IN ACCORDANCE WITH THE REGULATIONS OF THE
 DEPARTMENT WHICH PROVIDES EDUCATIONAL, HEALTH, HARM REDUCTION,  HOUSING,
 OR  SOCIAL  SERVICES  AND ANY HOSPITAL, MEDICAL CLINIC OR OFFICE, HEALTH
 CENTER, NURSING CARE FACILITY, MENTAL HEALTH FACILITY, OR OTHER  SIMILAR
 ENTITY THAT PROVIDES MEDICAL CARE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00024-02-3

 S. 399                              2
 
   3.  "PARTICIPANT"  MEANS AN INDIVIDUAL WHO SEEKS TO UTILIZE, UTILIZES,
 OR HAS USED A PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE.
   §  3399-B. PROGRAM APPROVAL. 1. NOTWITHSTANDING ANY OTHER STATUTE, LAW
 OR RULE TO THE CONTRARY, THE DEPARTMENT MAY APPROVE AN ENTITY TO OPERATE
 A PROGRAM IN ONE OR MORE JURISDICTIONS UPON SATISFACTION OF THE REQUIRE-
 MENTS SET FORTH IN SUBDIVISION TWO OF THIS SECTION. THE DEPARTMENT 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 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 MAY APPROVE AN ENTITY TO OPERATE A PROGRAM 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
 PREOBTAINED  DRUGS THAT IS SEPARATE FROM THE SPACE IN WHICH THE PROVIDER
 PERFORMS OTHER SERVICES;
   (B) PROVIDE ADEQUATE STAFFING BY  HEALTHCARE  PROFESSIONALS  OR  OTHER
 TRAINED STAFF;
   (C)  PROVIDE STERILE INJECTION AND OTHER CONSUMPTION SUPPLIES, COLLECT
 USED HYPODERMIC NEEDLES AND  SYRINGES,  AND  PROVIDE  SECURE  HYPODERMIC
 NEEDLE AND SYRINGE DISPOSAL SERVICES;
   (D)  PROVIDE EDUCATION ON SAFER 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;
   (E) ADMINISTER FIRST AID, IF  NEEDED,  AND  MONITOR  PARTICIPANTS  FOR
 POTENTIAL OVERDOSE;
   (F)  PROVIDE  REFERRALS  TO SUBSTANCE USE DISORDER 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; AND
   (L) ESTABLISH OPERATING PROCEDURES FOR THE PROGRAM AS WELL  AS  ELIGI-
 BILITY CRITERIA FOR PROGRAM PARTICIPANTS.
   §  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.
   § 3399-D. REPORTING. AN ENTITY OPERATING AN OVERDOSE PREVENTION CENTER
 UNDER THIS ARTICLE SHALL PROVIDE AN ANNUAL REPORT TO THE DEPARTMENT AT A
 DATE SET BY THE DEPARTMENT THAT SHALL INCLUDE:
   1. THE NUMBER OF PROGRAM PARTICIPANTS;
 S. 399                              3

   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, THE NUMBER OF OVERDOSES INTER-
 VENED ON-SITE, AND THE OUTCOMES; 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 AN OVERDOSE PREVENTION CENTER APPROVED BY THE  DEPART-
 MENT  SO LONG AS SUCH PARTICIPATION OR INVOLVEMENT WAS IN GOOD FAITH AND
 IN ACCORDANCE WITH ESTABLISHED PROTOCOLS PURSUANT TO THIS ARTICLE:
   1. A PARTICIPANT;
   2. A STAFF MEMBER OR ADMINISTRATOR OF A PROGRAM, INCLUDING  A  HEALTH-
 CARE  PROFESSIONAL, MANAGER, EMPLOYEE, BOARD MEMBER, DIRECTOR, OR VOLUN-
 TEER; OR
   3. A PROPERTY OWNER WHO OWNS PROPERTY AT WHICH A  PROGRAM  IS  LOCATED
 AND OPERATES.
   § 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2023-S399A - Details

Current Committee:: Senate Finance
Law Section:: Public Health Law
Laws Affected:: Add Art 33-C §§3399 - 3399-f, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8809
2019-2020: S498
2021-2022: S603
2025-2026: S7617

2023-S399A - Summary

Enacts the safer consumption services pilot program act which provides for the establishment of a pilot program to provide overdose prevention center pilot programs.

2023-S399A - Sponsor Memo

                                 
BILL NUMBER: S399A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to enacting the safer
consumption services act

 
PURPOSE:

This bill relates to the enactment of the Safer Consumption Services
Act.   
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Section 3399 subdivisions a-f of the Public Health law.
Subdivision a is amended by defining "program" as an overdose prevention
center instead of safer consumption services. "Entity" is also redefined
as a community based organization that is that is an authorized syringe
exchange program in accordance with the regulations of the department
which provides educational, health, harm reduction, housing, or social
services and any hospital, medical clinic or office, health center,
nursing care facility, mental health facility, or other similar entity
that provides medical care. It rephrases "addiction" to "substance abuse

disorder". Language to ensure protections from criminal charges and
immunity for participating in an overdose prevention center was also
amended in the bill.

Section 2 reflects the effective date.

 
JUSTIFICATION:

Overdose prevention center (OPC) has been an essential tool for reducing
the risk of an overdose or other harmful effects associated with
substance abuse disorder. OPC's are more than a safe place for people to
use. Many of them offer a number of services such as health screenings,
a place to sleep, testing the safety of whichever substance a person is
planning on using. With the number of services offered, OPC's provide a
general safe space for people. Therefore, it is important to have
protections, from criminal prosecution, in place for people who decide
to participate in these programs.

 
LEGISLATIVE HISTORY:

2017-2018: S8809/A8534 Rosenthal L

2019-2020: S498/A60 Rosenthal L

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S399A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  399--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  RIVERA,  BRISPORT, BROUK, CLEARE, COMRIE, COONEY,
   HOYLMAN-SIGAL, JACKSON, KRUEGER, MAY, MYRIE, PARKER,  RAMOS,  SALAZAR,
   SANDERS,  SEPULVEDA,  SERRANO  --  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 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.  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 AN OVERDOSE PREVENTION CENTER  PROGRAM  ESTABLISHED
 PURSUANT TO THIS ARTICLE.
   2.  "ENTITY" MEANS ANY COMMUNITY-BASED ORGANIZATION THAT IS AN AUTHOR-
 IZED SYRINGE EXCHANGE PROGRAM IN ACCORDANCE WITH THE REGULATIONS OF  THE
 DEPARTMENT  WHICH PROVIDES EDUCATIONAL, HEALTH, HARM REDUCTION, HOUSING,
 OR SOCIAL SERVICES AND ANY HOSPITAL, MEDICAL CLINIC  OR  OFFICE,  HEALTH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00024-04-3

 S. 399--A                           2
 
 CENTER,  NURSING CARE FACILITY, 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.
   § 3399-B. PROGRAM APPROVAL. 1. NOTWITHSTANDING ANY OTHER STATUTE,  LAW
 OR RULE TO THE CONTRARY, THE DEPARTMENT MAY APPROVE AN ENTITY TO OPERATE
 A PROGRAM IN ONE OR MORE JURISDICTIONS UPON SATISFACTION OF THE REQUIRE-
 MENTS SET FORTH IN SUBDIVISION TWO OF THIS SECTION. THE DEPARTMENT 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  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 MAY APPROVE AN ENTITY TO OPERATE A PROGRAM  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
 PREOBTAINED DRUGS THAT IS SEPARATE FROM THE SPACE IN WHICH THE  PROVIDER
 PERFORMS OTHER SERVICES;
   (B)  PROVIDE  ADEQUATE  STAFFING  BY HEALTHCARE PROFESSIONALS OR OTHER
 TRAINED STAFF;
   (C) PROVIDE STERILE INJECTION AND OTHER CONSUMPTION SUPPLIES,  COLLECT
 USED  HYPODERMIC  NEEDLES  AND  SYRINGES,  AND PROVIDE SECURE HYPODERMIC
 NEEDLE AND SYRINGE DISPOSAL SERVICES;
   (D) PROVIDE EDUCATION ON SAFER 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;
   (E)  ADMINISTER  FIRST  AID,  IF  NEEDED, AND MONITOR PARTICIPANTS FOR
 POTENTIAL OVERDOSE;
   (F) PROVIDE REFERRALS TO SUBSTANCE USE  DISORDER  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; AND
   (L)  ESTABLISH  OPERATING PROCEDURES FOR THE PROGRAM AS WELL AS ELIGI-
 BILITY CRITERIA FOR PROGRAM PARTICIPANTS.
   § 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.
   § 3399-D. REPORTING. AN ENTITY OPERATING AN OVERDOSE PREVENTION CENTER
 PROGRAM UNDER THIS ARTICLE SHALL PROVIDE AN ANNUAL REPORT TO THE DEPART-
 MENT AT A DATE SET BY THE DEPARTMENT THAT SHALL INCLUDE:
 S. 399--A                           3

   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, THE NUMBER OF OVERDOSES INTER-
 VENED ON-SITE, AND THE OUTCOMES; 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 AN OVERDOSE PREVENTION CENTER PROGRAM APPROVED BY THE
 DEPARTMENT SO LONG AS SUCH PARTICIPATION  OR  INVOLVEMENT  WAS  IN  GOOD
 FAITH  AND  IN  ACCORDANCE  WITH  ESTABLISHED PROTOCOLS PURSUANT TO THIS
 ARTICLE:
   1. A PARTICIPANT;
   2. A STAFF MEMBER OR ADMINISTRATOR OF A PROGRAM, INCLUDING  A  HEALTH-
 CARE  PROFESSIONAL, MANAGER, EMPLOYEE, BOARD MEMBER, DIRECTOR, OR VOLUN-
 TEER; OR
   3. A PROPERTY OWNER WHO OWNS PROPERTY AT WHICH A  PROGRAM  IS  LOCATED
 AND OPERATES.
   § 2. This act shall take effect immediately.

co-Sponsors

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2023-S399B (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Public Health Law
Laws Affected:: Add Art 33-C §§3399 - 3399-f, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8809
2019-2020: S498
2021-2022: S603
2025-2026: S7617

2023-S399B (ACTIVE) - Summary

Enacts the safer consumption services pilot program act which provides for the establishment of a pilot program to provide overdose prevention center pilot programs.

2023-S399B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S399B

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to enacting the safer
consumption services pilot program act

 
PURPOSE:

This bill relates to the enactment of the Safer Consumption Services
Pilot Program Act.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 3389 subdivisions a-f of the Public Health Law.
Subdivision a amends the definition for "program" to be an overdose
prevention center pilot program instead of safer consumption services;
"entity" to be any community-based organization that is an authorized
syringe exchange program, in accordance with the regulations of the
Department of Health, which provides educational, health, harm
reduction, housing, or social services and any hospital, medical clinic

or office, health center, nursing care facility, mental health facility,
or other similar entity that provides medical care; and "participant" to
be an individual seeking to utilize, utilizing, or that has utilized the
program established.

Program approval would be authorized under the Department of Health
(DOH) to establish a five-year Safer Consumption Services Pilot Program
for the operation of ten overdose prevention centers throughout the
state, and DOH would approve or deny applications after consultation
with the relevant municipality or community board in which the entity is
located. DOH would notify any state or local elected representative of
the program applicant. If a submission demonstrates the entity will meet
the requirements listed, it will be co-located with a current DOH-au-
thorized syringe exchange program, and be a provider of an opioid over-
dose prevention program, and any other parameters as determined by DOH.

Each entity would be required to have a community advisory board with at
least five members, selected by the entity and representative of the
community and geographic areas of which the entity serves, and one
member may be an individual with lived experience or a participant of
the program. The entity would be required to fulfill responsibilities to
inform and engage local governments and the community, and be required
to submit an annual report to DOH that would be posted on DOH's website

Lastly, it would provide protections from criminal charges and immunity
for those participating or involved in the program for the aforemen-
tioned authorized activities.

Section 2 provides an effective date.

 
JUSTIFICATION:

Overdose prevention centers (OPCs) have been an essential tool across
the world for reducing the risk of an overdose or other harmful effects
associated with a substance abuse disorder. The reduction in risk is
accomplished by having direct access to medical care, addiction
services, and social support. OPCs are more than a safe place for people
to use. Many of them offer a number of services such as health screen-
ings, a place to sleep, and testing the safety of whichever substance a
person is planning on using. With the number of services offered, OPCs
provide a general safe space for people and critically, are an environ-
ment where the stigma for substance abuse is minimized and the health
and safety of users prioritized.

OPCs serve a dual role in the community and are proven methods to
prevent overdoses. In NYC alone, two sites have seen over a thousand
overdose interventions since their launch in November 2021. When these
centers are used, they work as intended and in their limited applica-
tions so far, have proven their demand in communities.  Oftentimes,
concerns and fears are raised that these centers would present a safety
risk on the streets, but the two sites that are being tested in NYC were
able to collect about 2,500,000 units of hazardous waste, the streets
are clean and safe, and studies have shown no increase in dangerous
crime. The benefits to these neighborhoods are quantified and can be
expanded if only the fear of using them and being punished doesn't
remain prevalent.

Therefore, it is important to have protections from criminal prosecution
in place for people who decide to participate in these programs. More-
over, community outreach is quintessential for the effective implementa-
tion and use of OPCs. These locations don't just exist as an option
within communities, but must be able to work cooperatively with them so
that all community members, whether impacted by substance abuse or not,
are able to see a good faith solution be implemented to mitigate the
opioid crisis in New York State and similar substance-related public
health issues.

Individuals that have used the services provided tend to be individuals
of racial and ethnic minorities, who do not have stable housing, who are
already at a higher exposure to the criminal justice system and are
struggling from a lack of resources. OPCs can serve as a means to not
just prevent death, but provide a new start.

 
LEGISLATIVE HISTORY:

2017-2018: S8809/A8534 Rosenthal L
2019-2020: S498/A60 Rosenthal L
2021-2022: S603/A224 Rosenthal L

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S399B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  399--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  RIVERA,  BAILEY, BRISPORT, BROUK, CLEARE, COMRIE,
   COONEY, FERNANDEZ, GIANARIS, GONZALEZ, HARCKHAM, HINCHEY,  HOYLMAN-SI-
   GAL,  JACKSON,  KRUEGER,  LIU,  MAY,  MYRIE,  PARKER,  RAMOS, SALAZAR,
   SANDERS, SEPULVEDA, SERRANO, WEBB -- read twice and  ordered  printed,
   and when printed to be committed to the Committee on Health -- commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee -- recommitted to the Committee on Health  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN ACT to amend the public health law, in relation to enacting the safer
   consumption services pilot program 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 PILOT PROGRAM ACT
 SECTION 3399.   SHORT TITLE.
         3399-A. DEFINITIONS.
         3399-B. PILOT PROGRAM APPROVAL.
         3399-C. COMMUNITY ADVISORY BOARD AND COMMUNITY OUTREACH.
         3399-D. LOCAL COMMUNITY INPUT.
         3399-E. REPORTING.
         3399-F. IMMUNITY PROVIDED.
   §  3399.  SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE
 "SAFER CONSUMPTION SERVICES PILOT PROGRAM ACT".
   § 3399-A. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "PROGRAM" MEANS AN OVERDOSE PREVENTION CENTER PILOT PROGRAM  ESTAB-
 LISHED PURSUANT TO THIS ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00024-06-4
 S. 399--B                           2
 
   2.  "ENTITY" MEANS ANY COMMUNITY-BASED ORGANIZATION THAT IS AN AUTHOR-
 IZED SYRINGE EXCHANGE PROGRAM IN ACCORDANCE WITH THE REGULATIONS OF  THE
 DEPARTMENT  WHICH PROVIDES EDUCATIONAL, HEALTH, HARM REDUCTION, HOUSING,
 OR SOCIAL SERVICES AND ANY HOSPITAL, MEDICAL CLINIC  OR  OFFICE,  HEALTH
 CENTER,  NURSING CARE FACILITY, 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.
   §  3399-B.  PILOT PROGRAM APPROVAL. 1. NOTWITHSTANDING ANY OTHER STAT-
 UTE, LAW OR RULE TO THE CONTRARY, THE DEPARTMENT IS HEREBY AUTHORIZED TO
 ESTABLISH A FIVE-YEAR SAFER CONSUMPTION SERVICES PILOT PROGRAM  FOR  THE
 OPERATION  OF TEN OVERDOSE PREVENTION CENTERS THROUGHOUT THE STATE. SUCH
 PROGRAM SHALL BE FOCUSED ON REDUCING THE RISK OF AN OVERDOSE  AND  OTHER
 HARMFUL   EFFECTS   ASSOCIATED  WITH  SUBSTANCE  USE.  CURRENT  OVERDOSE
 PREVENTION CENTERS IN THE STATE SHALL AUTOMATICALLY PARTICIPATE  IN  THE
 PILOT  PROGRAM  AND  COUNT TOWARDS THE TOTAL NUMBER OF CENTERS UNDER THE
 PROGRAM. THE DEPARTMENT MAY APPROVE AN ENTITY TO OPERATE A PILOT PROGRAM
 IN ONE OR MORE JURISDICTIONS UPON SATISFACTION OF THE  REQUIREMENTS  SET
 FORTH IN SUBDIVISION TWO OF THIS SECTION. THE DEPARTMENT 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 SHALL APPROVE OR DENY  AN  APPLICATION  UNDER  THIS
 SECTION WITHIN FORTY-FIVE DAYS AND PROVIDE A WRITTEN EXPLANATION OF SUCH
 DETERMINATION AFTER CONSULTATION WITH THE MUNICIPALITY OR IN THE CITY OF
 NEW  YORK,  THE  COMMUNITY BOARD ESTABLISHED PURSUANT TO SECTION TWENTY-
 EIGHT HUNDRED OF THE NEW YORK CITY CHARTER WHERE THE ENTITY IS  LOCATED.
 SUCH  DETERMINATION  SHALL  BE  MADE NO LATER THAN FORTY-FIVE DAYS AFTER
 RECEIPT OF A RECOMMENDATION FROM THE MUNICIPALITY OR COMMUNITY BOARD  AS
 REQUIRED  UNDER SECTION THIRTY-THREE HUNDRED NINETY-NINE-D OF THIS ARTI-
 CLE AND SHOULD CONSIDER WHETHER SUCH RECOMMENDATION  IS  IN  THE  PUBLIC
 INTEREST.
   (B)  AN ENTITY MAY MAKE AN APPLICATION UNDER THIS SECTION AT ANY TIME,
 REGARDLESS OF PREVIOUS APPLICATIONS.
   (C) THE DEPARTMENT SHALL NOTIFY THE STATE AND LOCAL ELECTED  REPRESEN-
 TATIVE OF THE PROGRAM APPLICANT.
   (D)  THE DEPARTMENT MUST NOTIFY THE MUNICIPALITY OR IN THE CITY OF NEW
 YORK, THE COMMUNITY BOARD ESTABLISHED PURSUANT TO  SECTION  TWENTY-EIGHT
 HUNDRED  OF THE NEW YORK CITY CHARTER WHERE THE ENTITY IS LOCATED OF THE
 PROGRAM APPLICANT AND REQUEST A RECOMMENDATION AS REQUIRED UNDER SECTION
 THIRTY-THREE HUNDRED NINETY-NINE-D OF THIS ARTICLE.
   2. THE DEPARTMENT MAY APPROVE AN ENTITY TO OPERATE A PROGRAM  PURSUANT
 TO THIS ARTICLE, UPON SUBMISSION OF AN APPLICATION THAT DEMONSTRATES THE
 ENTITY WILL, AT A MINIMUM MEET THE FOLLOWING REQUIREMENTS:
   (A)  PROVIDE  A  HYGIENIC  SPACE  WHERE PARTICIPANTS MAY CONSUME THEIR
 PREOBTAINED DRUGS THAT IS SEPARATE FROM THE SPACE IN WHICH THE  PROVIDER
 PERFORMS OTHER SERVICES;
   (B)  PROVIDE  ADEQUATE  STAFFING  BY HEALTHCARE PROFESSIONALS OR OTHER
 TRAINED STAFF;
   (C) PROVIDE STERILE INJECTION AND OTHER CONSUMPTION SUPPLIES,  COLLECT
 USED  HYPODERMIC  NEEDLES  AND  SYRINGES,  AND PROVIDE SECURE HYPODERMIC
 NEEDLE AND SYRINGE DISPOSAL SERVICES;
   (D) PROVIDE EDUCATION ON SAFER 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;
 S. 399--B                           3
 
   (E)  ADMINISTER  FIRST  AID,  IF  NEEDED, AND MONITOR PARTICIPANTS FOR
 POTENTIAL OVERDOSE;
   (F)  PROVIDE  REFERRALS  TO SUBSTANCE USE DISORDER 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;
   (L) ESTABLISH OPERATING PROCEDURES FOR THE PROGRAM AS WELL  AS  ELIGI-
 BILITY CRITERIA FOR PROGRAM PARTICIPANTS;
   (M)   BE  CO-LOCATED  WITH  A  CURRENT  DEPARTMENT-AUTHORIZED  SYRINGE
 EXCHANGE PROGRAM PURSUANT TO SECTION THIRTY-THREE HUNDRED EIGHTY-ONE  OF
 THIS CHAPTER;
   (N)  BE A REGISTERED PROVIDER OF AN OPIOID OVERDOSE PREVENTION PROGRAM
 IN ACCORDANCE WITH REGULATIONS AS ESTABLISHED UNDER SECTION THIRTY-THREE
 HUNDRED NINE OF THIS CHAPTER;
   (O) SATISFY THE REQUIREMENTS UNDER SECTION THIRTY-THREE HUNDRED  NINE-
 TY-NINE-C OF THIS ARTICLE; AND
   (P) ANY OTHER PARAMETERS AS DETERMINED BY THE DEPARTMENT.
   3.  THE  DEPARTMENT MAY EXPAND THE PILOT PROGRAM IF, AT THE DISCRETION
 OF THE  COMMISSIONER,  THE  PILOT  PROGRAM  IS  ACHIEVING  ITS  INTENDED
 PURPOSE.
   § 3399-C. COMMUNITY ADVISORY BOARD AND COMMUNITY OUTREACH. 1. AN ENTI-
 TY  SHALL  ESTABLISH  AND MAINTAIN A COMMUNITY ADVISORY BOARD THAT SHALL
 FOCUS ON ADDRESSING  LOCAL  COMMUNITY  CONCERNS.  THE  DEPARTMENT  SHALL
 DEVELOP  POLICIES  AND PROCEDURES FOR COMMUNITY ENGAGEMENT AND FEEDBACK.
 SUCH POLICIES AND PROCEDURES SHALL INCLUDE REQUIREMENTS FOR  SERVING  ON
 THE COMMUNITY ADVISORY BOARD INCLUDING, BUT NOT LIMITED TO, TIME COMMIT-
 MENT, RESIDENCY REQUIREMENTS, AND AGE.
   2.  THE COMMUNITY ADVISORY BOARD SHALL HAVE AT LEAST FIVE MEMBERS. THE
 MEMBERS OF THE COMMUNITY ADVISORY BOARD SHALL BE SELECTED BY THE  ENTITY
 AND  SHALL  BE  REPRESENTATIVE OF THE COMMUNITY AND GEOGRAPHIC AREAS THE
 ENTITY SERVES. A MEMBER MAY INCLUDE AN INDIVIDUAL WITH LIVED  EXPERIENCE
 OR  PARTICIPANT  OF  THE PROGRAM. THE APPOINTED COMMUNITY LIAISON AS SET
 FORTH IN SUBDIVISION THREE OF THIS SECTION SHALL BE ONE OF  THE  MEMBERS
 OF THE COMMUNITY ADVISORY BOARD.
   3.  THE  ENTITY  APPLYING  FOR  A PILOT PROGRAM MUST CONDUCT COMMUNITY
 OUTREACH AND SHALL:
   (A) INFORM THE LOCAL GOVERNMENTS, LOCAL HEALTH DEPARTMENTS, AND  LOCAL
 LAW ENFORCEMENT AGENCIES OF THE PROPOSED SERVICES;
   (B)  APPOINT A DESIGNATED STAFF PERSON OR PERSONS TO SERVE AS A COMMU-
 NITY LIAISON TO BE THE POINT OF CONTACT BETWEEN THE  PILOT  PROGRAM  AND
 ELECTED  OFFICIALS,  LAW  ENFORCEMENT, AND THE DEPARTMENT. THE COMMUNITY
 LIAISON SHALL MAKE A GOOD FAITH EFFORT TO ADDRESS COMMUNITY CONCERNS  IN
 COLLABORATION WITH THE DEPARTMENT AND LOCAL GOVERNMENT;
   (C)  HOLD  MEETINGS AND PUBLIC FORUMS FOR THE COMMUNITY TO LEARN ABOUT
 THE PILOT PROGRAM OPERATIONS, ADDRESS ANY CONCERNS, AND WORK WITH  LOCAL
 COMMUNITY  STAKEHOLDERS  SUCH AS COMMUNITY BASED ORGANIZATIONS PROVIDING
 S. 399--B                           4
 
 SOCIAL SERVICES, HEALTH AND MENTAL HEALTH  SERVICES,  INCLUDING  SCHOOLS
 AND RELIGIOUS INSTITUTIONS TO SUPPORT COMMUNITY HEALTH EVENTS; AND
   (D)  PROVIDE  INFORMATION AND RESOURCES ABOUT HARM REDUCTION, OVERDOSE
 PREVENTION  CENTER  SERVICES,  AND  SYRINGE  LITTER  CLEANUP  AND  OTHER
 SERVICES.
   §  3399-D. LOCAL COMMUNITY INPUT. A MUNICIPALITY OR IN THE CASE OF THE
 CITY OF NEW YORK, THE COMMUNITY BOARD ESTABLISHED  PURSUANT  TO  SECTION
 TWENTY-EIGHT  HUNDRED  OF  THE NEW YORK CITY CHARTER WHERE THE ENTITY IS
 LOCATED MUST PROVIDE A RECOMMENDATION TO THE DEPARTMENT  NO  LATER  THAN
 SIXTY DAYS AFTER NOTIFICATION FROM THE DEPARTMENT.
   §  3399-E.  REPORTING.  1.  AN ENTITY OPERATING AN OVERDOSE PREVENTION
 CENTER PILOT PROGRAM UNDER THIS ARTICLE SHALL PROVIDE AN  ANNUAL  REPORT
 TO  THE DEPARTMENT AT A DATE SET BY THE DEPARTMENT. SUCH REPORT SHALL BE
 POSTED ON THE DEPARTMENT'S WEBSITE AND SHALL INCLUDE:
   (A) THE NUMBER OF PROGRAM PARTICIPANTS;
   (B) AGGREGATE INFORMATION REGARDING  THE  CHARACTERISTICS  OF  PROGRAM
 PARTICIPANTS;
   (C)  THE NUMBER OF HYPODERMIC NEEDLES AND SYRINGES DISTRIBUTED FOR USE
 ON-SITE;
   (D) THE NUMBER OF  OVERDOSES  EXPERIENCED,  THE  NUMBER  OF  OVERDOSES
 INTERVENED ON-SITE, AND THE OUTCOMES; AND
   (E)  THE NUMBER OF INDIVIDUALS DIRECTLY AND FORMALLY REFERRED TO OTHER
 SERVICES AND THE TYPE OF SERVICE.
   2. WITHIN SIX MONTHS OF THE CONCLUSION OF THE INITIAL FIVE-YEAR  PILOT
 PROGRAM, THE DEPARTMENT SHALL ISSUE A REPORT TO THE GOVERNOR, THE TEMPO-
 RARY  PRESIDENT  OF  THE  SENATE,  AND THE SPEAKER OF THE ASSEMBLY. SUCH
 REPORT SHALL CONTAIN, AT A MINIMUM:
   (A) AGGREGATE  INFORMATION  REGARDING  THE  CENTERS  UNDER  THE  PILOT
 PROGRAM;
   (B) THE FEASIBILITY OF CONTINUING THE PILOT PROGRAM;
   (C)  THE  FEASIBILITY  OF  INCREASING THE NUMBER OF PROGRAMS UNDER THE
 PILOT PROGRAM;
   (D) WHETHER THE PILOT PROGRAM IS WORKING AS INTENDED; AND
   (E) ANY OTHER INFORMATION RELEVANT TO THE PILOT PROGRAM.
   § 3399-F. 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 AN OVERDOSE PREVENTION CENTER PILOT PROGRAM APPROVED
 BY THE DEPARTMENT SO LONG AS SUCH PARTICIPATION OR  INVOLVEMENT  WAS  IN
 GOOD FAITH AND IN ACCORDANCE WITH ESTABLISHED PROTOCOLS PURSUANT TO THIS
 ARTICLE:
   1. A PARTICIPANT;
   2.  A  STAFF MEMBER OR ADMINISTRATOR OF A PROGRAM, INCLUDING A HEALTH-
 CARE PROFESSIONAL, MANAGER, EMPLOYEE, BOARD MEMBER, DIRECTOR, OR  VOLUN-
 TEER; OR
   3.  A  PROPERTY  OWNER WHO OWNS PROPERTY AT WHICH A PROGRAM IS LOCATED
 AND OPERATES.
   § 2. This act shall take effect immediately.

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Senate Bill S399B

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