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A04940 Summary:

COSPNSRPalmesano, Byrnes
Amd 3302 & 3390, add 3398, Pub Health L; amd 6530, Ed L
Relates to prohibiting supervised injection sites; provides that it shall be unlawful for any person to own, operate, work in or volunteer at a supervised injection site; defines terms and establishes penalties.
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A04940 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 5, 2019
        Introduced  by  M.  of  A.  MALLIOTAKIS -- read once and referred to the
          Committee 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:

     1    Section  1. Section 3302 of the public health law is amended by adding
     2  a new subdivision 44 to read as follows:
     3    44. (a) "Supervised injection site" means a  facility  or  institution
     4  that:
     5    (i) allows addicts, ultimate users or other individuals to possess and
     6  use controlled substances; or
     7    (ii)  allows  a  practitioner  to  dispense  or  administer controlled
     8  substances to addicts, ultimate users or other individuals; and
     9    (iii) is supervised by trained medical personnel such  as  physicians,
    10  physicians   assistants,  nurses,  nurse  practitioners,  psychologists,
    11  social workers,  mental  health  counselors  or  other  trained  medical
    12  professionals as defined in title eight of the education law.
    13    (b) Supervised injection site shall not include:
    14    (i) an opioid treatment program; or
    15    (ii)  a substance abuse program, chemical dependence services program,
    16  or behavioral health services program  certified,  licensed,  funded  or
    17  operated by the office of alcoholism and substance abuse services.
    18    §  2. The public health law is amended by adding a new section 3398 to
    19  read as follows:
    20    § 3398. Supervised injection sites unlawful. It shall be unlawful  for
    21  any  person  to  own,  operate,  work  in  or  volunteer at a supervised
    22  injection site.
    23    § 3. Subdivisions 5 and 6 of section 3390 of the public health law, as
    24  added by chapter 878 of the laws of 1972, are amended and a new subdivi-
    25  sion 7 is added to read as follows:

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

        A. 4940                             2
     1    5.  failed  to  maintain  effective  control  against   diversion   of
     2  controlled substances; [or]
     3    6.  wilfully  and unreasonably refused to permit an inspection author-
     4  ized by this article[.]; or
     5    7. wilfully owned or operated a supervised injection site.
     6    § 4. Section 6530 of the education law is  amended  by  adding  a  new
     7  subdivision 50 to read as follows:
     8    50.  A  violation  of section thirty-three hundred ninety-eight of the
     9  public health law by a professional.
    10    § 5. This act shall take effect immediately.
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