NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A224
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.
STATE OF NEW YORK
________________________________________________________________________
224
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. L. ROSENTHAL, PEOPLES-STOKES, GOTTFRIED, PAULIN,
CARROLL, NIOU, SIMON, QUART, DICKENS, RICHARDSON, EPSTEIN, CRUZ --
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.
LBD00322-01-1
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.
