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.