A00224 Summary:

SPONSORRosenthal L
COSPNSRPeoples-Stokes, Gottfried, Paulin, Carroll, Niou, Simon, Quart, Dickens, Richardson, Epstein, Cruz, Steck, Gonzalez-Rojas, Mamdani, Forrest, McDonald, Meeks, Gallagher, Glick, Kelles, Burdick, Hevesi, Fahy, Mitaynes, Lavine, Clark, Fernandez, Taylor, Bichotte Hermelyn, Weprin
Add Art 33-C 3399 - 3399-f, Pub Health L
Enacts the safer consumption services act which provides for the establishment of a program to provide safe injection sites.
Go to top    

A00224 Actions:

01/06/2021referred to health
01/05/2022referred to health
05/10/2022reported referred to codes
Go to top

A00224 Committee Votes:

Go to top

A00224 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A00224 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Rosenthal L
  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 one amends the Public Health law by adding a new article 33-B. Section two sets forth the effective date.   JUSTIFICATION: Over the past decade, opioid abuse has reached epidemic levels in the United States. The Substance Abuse and Mental Health Services Adminis- tration (SAMHSA) estimates that over 2 million Americans are dependent on opioids, and that more Americans now use prescription painkillers than tobacco. New York State has been particularly hard hit by this epidemic. In 2014, over one thousand New Yorkers died from opioid over- doses-nearly four times the number of opioid overdose deaths recorded in 2005. Hospitals across New York State had over 37,000 opioid-related outpatient visits and over 75,000 opioidrelated inpatient admissions in 2014. A study by the Injection Drug Users Health Alliance (IDLIHA) 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. This bill will reduce overdose deaths associated with opioid use and the dangers to the public caused by public IV drug use by authorizing the New York State Department of Health and local health jurisdictions to establish and operate safer consumption services programs-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 syringes, and teach patients about safe consumption practices. Patients will also be able to access referrals to addiction treatment, job training, and other social services. There are approximately 100 similar programs operating in at least 66 cities in nine countries, including Germany, Spain, and Canada. Seattle is in the process of establishing a safer consumption program, and other states, including Maine and Maryland, have introduced similar legis- lation. The first and only safer consumption program in North American opened in Vancouver in 2003. Since then, the program has had roughly 3.5 million visitors; staff members have intervened in roughly 5,000 over- doses and no one has died at the facility.   LEGISLATIVE HISTORY: 2019-20: A.60 - Referred to Health; 5.498 - Referred to Health 2017-18: A.8534 - Referred to Health; S.8809 - Referred to Health   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
Go to top

A00224 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                     January 6, 2021
          Multi-Sponsored  by  --  M. of A. LUPARDO -- read once and referred 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:
     1    Section  1.  The  public health law is amended by adding a new article
     2  33-C to read as follows:
     3                                ARTICLE 33-C
     4                       SAFER CONSUMPTION SERVICES ACT
     5  Section 3399.   Short title.
     6          3399-a. Definitions.
     7          3399-b. Program approval.
     8          3399-c. Designation.
     9          3399-d. Reporting.
    10          3399-e. Immunity provided.
    11          3399-f. Limitations on immunity.
    12    § 3399. Short title. This act shall be known and may be cited  as  the
    13  "safer consumption services act".
    14    § 3399-a. Definitions. As used in this article:
    15    1.  "Program"  means  a safer consumption services program established
    16  pursuant to this article.
    17    2. "Entity" means  any  community  based  organization  that  provides
    18  educational, health, harm reduction, housing, or social services and any
    19  hospital,  medical clinic or office, health center, nursing care facili-
    20  ty, mental health  facility,  or  other  similar  entity  that  provides
    21  medical care.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 224                              2
     1    3.  "Participant"  means an individual who seeks to utilize, utilizes,
     2  or has used a program established pursuant to this article.
     3    §  3399-b. Program approval. 1. Notwithstanding any other statute, law
     4  or rule to the contrary, the department or a local health  district  may
     5  approve an entity to operate a program in one or more jurisdictions upon
     6  satisfaction  of  the  requirements set forth in subdivision two of this
     7  section. The department and local health jurisdictions  shall  establish
     8  standards  for  program  approval  and  training and may promulgate such
     9  rules and regulations as are necessary to implement this section.
    10    (a) The department or a local health district shall approve or deny an
    11  application under this section within forty-five  days  of  the  day  of
    12  receipt  of  the  application  and provide a written explanation of such
    13  determination.
    14    (b) An entity may make an application under this section at any  time,
    15  regardless of previous applications.
    16    2.  The  department  or local health district may approve an entity to
    17  operate a program pursuant to this article, upon submission of an appli-
    18  cation that demonstrates the entity will, at a minimum:
    19    (a) provide a hygienic space  where  participants  may  consume  their
    20  preobtained  drugs that is separate from the space in which the provider
    21  performs other business, if any;
    22    (b) provide adequate staffing by  healthcare  professionals  or  other
    23  trained staff;
    24    (c)  provide  sterile  injection  supplies,  collect  used  hypodermic
    25  needles and syringes, and provide secure hypodermic needle  and  syringe
    26  disposal services;
    27    (d)  provide  education on safe consumption practices, proper disposal
    28  of hypodermic needles and syringes, and overdose  prevention,  including
    29  written  information  in,  at  a  minimum, the four most commonly spoken
    30  languages in the state as determined by the department or  local  health
    31  district;
    32    (e)  administer  first  aid,  if  needed, and monitor participants for
    33  potential overdose;
    34    (f) provide referrals to addiction treatment, medical, social welfare,
    35  and employment and training services;
    36    (g) educate participants on the risks of  contracting  HIV  and  viral
    37  hepatitis  and  provide sexual health resources and supplies, including,
    38  but not limited to, male and female condoms;
    39    (h) provide access to naloxone or referrals  to  obtain  naloxone  for
    40  participants;
    41    (i)  provide  reasonable and adequate security of the program site and
    42  equipment;
    43    (j) ensure confidentiality of program participants by using an  anony-
    44  mous unique identifier;
    45    (k)  train staff members to deliver services offered by the program or
    46  attend trainings provided by the department or local health jurisdiction
    47  if required; and
    48    (l) establish operating procedures for the program as well  as  eligi-
    49  bility  criteria  for  program  participants if not predetermined by the
    50  department or local health district.
    51    § 3399-c. Designation. A department approved  program  shall  also  be
    52  designated  as an authorized syringe exchange program in accordance with
    53  the regulations of the department as set forth in 10 NYCRR 80.135 and as
    54  a registered provider  of  an  opioid  overdose  prevention  program  in
    55  accordance  with  the  regulations  of the department as set forth in 10
    56  NYCRR 80.138. A safer consumption program approved  by  a  local  health

        A. 224                              3
     1  district  shall  apply  to be an authorized syringe exchange program and
     2  registered provider of an opioid overdose prevention program.
     3    §  3399-d.  Reporting. An entity operating a safer consumption program
     4  under this section shall provide an annual report to the  department  or
     5  local  health  district  that approved it for operation at a date set by
     6  the department or local health district that shall include:
     7    1. the number of program participants;
     8    2. aggregate information  regarding  the  characteristics  of  program
     9  participants;
    10    3.  the  number of hypodermic needles and syringes distributed for use
    11  on-site;
    12    4. the number of overdoses experienced and  the  number  of  overdoses
    13  reversed on-site; and
    14    5.  the  number of individuals directly and formally referred to other
    15  services and the type of service.
    16    § 3399-e. Immunity provided. Notwithstanding any other statute, law or
    17  rule to the contrary, the  following  persons  shall  not  be  arrested,
    18  charged,  or  prosecuted  for  any criminal offense or be subject to any
    19  civil or administrative penalty,  including  seizure  or  forfeiture  of
    20  assets or real property or disciplinary action by a professional licens-
    21  ing board, or be denied any right or privilege, solely for participation
    22  or involvement in a safer consumption program approved by the department
    23  or local health districts pursuant to this article:
    24    1. a participant;
    25    2.  a  staff member or administrator of a program, including a health-
    26  care professional, manager, employee, or volunteer; or
    27    3. a property owner who owns real  property  at  which  a  program  is
    28  located and operates.
    29    §  3399-f.  Limitations on immunity. Notwithstanding the provisions of
    30  section thirty-three hundred ninety-nine-e of this article,  a  property
    31  owner, staff member, manager, employee, volunteer, or individual utiliz-
    32  ing  a  safer  consumption  services program is not immune from criminal
    33  prosecution for any activities not permitted  or  approved  pursuant  to
    34  this article.
    35    § 2. This act shall take effect immediately.
Go to top