Assembly Bill A9126

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9126
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 26, 2025
                                ___________
 
 Introduced by M. of A. ANGELINO -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law and the education law, in relation
   to prohibiting supervised injection sites
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 3302 of the public health law is amended by  adding
 a new subdivision 42 to read as follows:
   42.  (A)  "SUPERVISED  INJECTION SITE" MEANS A FACILITY OR INSTITUTION
 THAT:
   (I) ALLOWS ADDICTS, ULTIMATE USERS OR OTHER INDIVIDUALS TO POSSESS AND
 USE CONTROLLED SUBSTANCES; OR
   (II) ALLOWS  A  PRACTITIONER  TO  DISPENSE  OR  ADMINISTER  CONTROLLED
 SUBSTANCES TO ADDICTS, ULTIMATE USERS OR OTHER INDIVIDUALS; AND
   (III)  IS  SUPERVISED BY TRAINED MEDICAL PERSONNEL SUCH AS PHYSICIANS,
 PHYSICIANS  ASSISTANTS,  NURSES,  NURSE  PRACTITIONERS,   PSYCHOLOGISTS,
 SOCIAL  WORKERS,  MENTAL  HEALTH  COUNSELORS  OR  OTHER  TRAINED MEDICAL
 PROFESSIONALS AS DEFINED IN TITLE EIGHT OF THE EDUCATION LAW.
   (B) SUPERVISED INJECTION SITE SHALL NOT INCLUDE:
   (I) AN OPIOID TREATMENT PROGRAM; OR
   (II) A SUBSTANCE ABUSE PROGRAM, CHEMICAL DEPENDENCE SERVICES  PROGRAM,
 OR  BEHAVIORAL  HEALTH  SERVICES  PROGRAM CERTIFIED, LICENSED, FUNDED OR
 OPERATED BY THE OFFICE OF ADDICTION SERVICES AND SUPPORTS.
   § 2. The public health law is amended by adding a new section 3395  to
 read as follows:
   §  3395. SUPERVISED INJECTION SITES UNLAWFUL. IT SHALL BE UNLAWFUL FOR
 ANY PERSON TO OWN,  OPERATE,  WORK  IN  OR  VOLUNTEER  AT  A  SUPERVISED
 INJECTION SITE.
   § 3. Subdivisions 5 and 6 of section 3390 of the public health law, as
 added by chapter 878 of the laws of 1972, are amended and a new subdivi-
 sion 7 is added to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01525-01-5
              

 A. 9126                             2
 
   5.   failed   to  maintain  effective  control  against  diversion  of
 controlled substances; [or]
   6.  wilfully  and unreasonably refused to permit an inspection author-
 ized by this article[.]; OR
   7. WILFULLY OWNED OR OPERATED A SUPERVISED INJECTION SITE.
   § 4. Section 6530 of the education law is  amended  by  adding  a  new
 subdivision 51 to read as follows:
   51.  A  VIOLATION  OF  SECTION THIRTY-THREE HUNDRED NINETY-FIVE OF THE
 PUBLIC HEALTH LAW BY A PROFESSIONAL.
   § 5. This act shall take effect immediately.