S T A T E O F N E W Y O R K
________________________________________________________________________
338--A
2023-2024 Regular Sessions
I N A S S E M B L Y
January 6, 2023
___________
Introduced by M. of A. L. ROSENTHAL, PEOPLES-STOKES, PAULIN, CARROLL,
SIMON, DICKENS, EPSTEIN, CRUZ, STECK, GONZALEZ-ROJAS, MAMDANI,
FORREST, MEEKS, GALLAGHER, GLICK, KELLES, BURDICK, HEVESI, MITAYNES,
LAVINE, CLARK, TAYLOR, BICHOTTE HERMELYN, WEPRIN, AUBRY -- Multi-Spon-
sored by -- M. of A. LUPARDO -- read once and referred to the Commit-
tee 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.
LBD00024-05-3
A. 338--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:
A. 338--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.