Bill Text: NY A08534 | 2017-2018 | General Assembly | Introduced


Bill Title: Enacts the safer consumption services act which provides for the establishment of a program to provide safe injection sites.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2017-06-20 - referred to health [A08534 Detail]

Download: New_York-2017-A08534-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          8534
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      June 20, 2017
                                       ___________
        Introduced  by  M.  of  A.  ROSENTHAL  --  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-B to read as follows:
     3                                ARTICLE 33-B
     4                       SAFER CONSUMPTION SERVICES ACT
     5  Section 3398.   Short title.
     6          3398-a. Definitions.
     7          3398-b. Program approval.
     8          3398-c. Designation.
     9          3398-d. Reporting.
    10          3398-e. Immunity provided.
    11          3398-f. Limitations on immunity.
    12    § 3398. Short title. This act shall be known and may be cited  as  the
    13  "safer consumption services act".
    14    § 3398-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.
    22    3.  "Participant"  means an individual who seeks to utilize, utilizes,
    23  or has used a program established pursuant to this article.
    24    § 3398-b. Program approval. 1. Notwithstanding any other statute,  law
    25  or  rule  to the contrary, the department or a local health district may
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13094-02-7

        A. 8534                             2
     1  approve an entity to operate a program in one or more jurisdictions upon
     2  satisfaction of the requirements set forth in subdivision  two  of  this
     3  section.  The  department and local health jurisdictions shall establish
     4  standards  for  program  approval  and  training and may promulgate such
     5  rules and regulations as are necessary to implement this section.
     6    (a) The department or a local health district shall approve or deny an
     7  application under this section within forty-five  days  of  the  day  of
     8  receipt  of  the  application  and provide a written explanation of such
     9  determination.
    10    (b) An entity may make an application under this section at any  time,
    11  regardless of previous applications.
    12    2.  The  department  or local health district may approve an entity to
    13  operate a program pursuant to this article, upon submission of an appli-
    14  cation that demonstrates the entity will, at a minimum:
    15    (a) provide a hygienic space  where  participants  may  consume  their
    16  preobtained  drugs that is separate from the space in which the provider
    17  performs other business, if any;
    18    (b) provide adequate staffing by  healthcare  professionals  or  other
    19  trained staff;
    20    (c)  provide  sterile  injection  supplies,  collect  used  hypodermic
    21  needles and syringes, and provide secure hypodermic needle  and  syringe
    22  disposal services;
    23    (d)  provide  education on safe consumption practices, proper disposal
    24  of hypodermic needles and syringes, and overdose  prevention,  including
    25  written  information  in,  at  a  minimum, the four most commonly spoken
    26  languages in the state as determined by the department or  local  health
    27  district;
    28    (e)  administer  first  aid,  if  needed, and monitor participants for
    29  potential overdose;
    30    (f) provide referrals to addiction treatment, medical, social welfare,
    31  and employment and training services;
    32    (g) educate participants on the risks of  contracting  HIV  and  viral
    33  hepatitis  and  provide sexual health resources and supplies, including,
    34  but not limited to, male and female condoms;
    35    (h) provide access to naloxone or referrals  to  obtain  naloxone  for
    36  participants;
    37    (i)  provide  reasonable and adequate security of the program site and
    38  equipment;
    39    (j) ensure confidentiality of program participants by using an  anony-
    40  mous unique identifier;
    41    (k)  train staff members to deliver services offered by the program or
    42  attend trainings provided by the department or local health jurisdiction
    43  if required; and
    44    (l) establish operating procedures for the program as well  as  eligi-
    45  bility  criteria  for  program  participants if not predetermined by the
    46  department or local health district.
    47    § 3398-c. Designation. A department approved  program  shall  also  be
    48  designated  as an authorized syringe exchange program in accordance with
    49  the regulations of the department as set forth in 10 NYCRR 80.135 and as
    50  a registered provider  of  an  opioid  overdose  prevention  program  in
    51  accordance  with  the  regulations  of the department as set forth in 10
    52  NYCRR 80.138. A safer consumption program approved  by  a  local  health
    53  district  shall  apply  to be an authorized syringe exchange program and
    54  registered provider of an opioid overdose prevention program.
    55    § 3398-d. Reporting. An entity operating a safer  consumption  program
    56  under  this  section shall provide an annual report to the department or

        A. 8534                             3
     1  local health district that approved it for operation at a  date  set  by
     2  the department or local health district that shall include:
     3    1. the number of program participants;
     4    2.  aggregate  information  regarding  the  characteristics of program
     5  participants;
     6    3. the number of hypodermic needles and syringes distributed  for  use
     7  on-site;
     8    4.  the  number  of  overdoses experienced and the number of overdoses
     9  reversed on-site; and
    10    5. the number of individuals directly and formally referred  to  other
    11  services and the type of service.
    12    § 3398-e. Immunity provided. Notwithstanding any other statute, law or
    13  rule  to  the  contrary,  the  following  persons shall not be arrested,
    14  charged, or prosecuted for any criminal offense or  be  subject  to  any
    15  civil  or  administrative  penalty,  including  seizure or forfeiture of
    16  assets or real property or disciplinary action by a professional licens-
    17  ing board, or be denied any right or privilege, solely for participation
    18  or involvement in a safer consumption program approved by the department
    19  or local health districts pursuant to this article:
    20    1. a participant;
    21    2. a staff member or administrator of a program, including  a  health-
    22  care professional, manager, employee, or volunteer; or
    23    3.  a  property  owner  who  owns  real property at which a program is
    24  located and operates.
    25    § 3398-f. Limitations on immunity. Notwithstanding the  provisions  of
    26  section  thirty-three hundred ninety-eight-e of this article, a property
    27  owner, staff member, manager, employee, volunteer, or individual utiliz-
    28  ing a safer consumption services program is  not  immune  from  criminal
    29  prosecution  for  any  activities  not permitted or approved pursuant to
    30  this article.
    31    § 2. This act shall take effect immediately.
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