STATE OF NEW YORK
________________________________________________________________________
5289--A
2019-2020 Regular Sessions
IN SENATE
April 23, 2019
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Health -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the public health law, in relation to enacting the over-
dose prevention centers act; and providing for the repeal of such
provisions upon expiration thereof
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 OVERDOSE PREVENTION CENTERS 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 "overdose prevention centers act".
14 § 3398-a. Definitions. As used in this article:
15 1. "Program" means an overdose prevention centers program established
16 pursuant to this article that is authorized to evaluate and test the
17 public health impact of overdose prevention center services within a
18 jurisdiction.
19 2. "Entity" means a not-for-profit, community based organization that
20 is approved to provide educational, health, harm reduction, housing,
21 syringe exchange or social services.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11255-05-9
S. 5289--A 2
1 3. "Jurisdiction" means any entity operating at a location approved by
2 the department or local health district in the city of Ithaca or in the
3 boroughs of Manhattan, Brooklyn or the Bronx in the city of New York.
4 4. "Participant" means an individual who seeks to utilize, utilizes,
5 or has used a program established pursuant to this article.
6 § 3398-b. Program approval. 1. Notwithstanding any other statute, law
7 or rule to the contrary, the department or a local health district may
8 approve an entity to operate a program in one or more jurisdictions upon
9 satisfaction of the requirements set forth in subdivision two of this
10 section. The department or a local health district shall establish stan-
11 dards for program approval and training and may promulgate such rules
12 and regulations as are necessary to implement this section.
13 (a) The department or a local health district in a jurisdiction shall
14 approve or deny an application under this section within forty-five days
15 of the day of receipt of the application and provide a written explana-
16 tion of such determination.
17 (b) An entity in a jurisdiction may make an application under this
18 section at any time, regardless of previous applications.
19 2. The department or local health district may approve an entity to
20 operate a program in a jurisdiction pursuant to this article, upon
21 submission of an application that demonstrates the entity will, at a
22 minimum:
23 (a) provide a hygienic space where participants may consume their
24 pre-obtained drugs that is separate from the space in which the entity
25 performs other business, if any;
26 (b) provide adequate staffing by healthcare professionals or other
27 trained staff;
28 (c) provide sterile injection supplies, collect used hypodermic
29 needles and syringes, provide secure hypodermic needle and syringe
30 disposal services, and provide the ability to self-test the composition
31 of pre-obtained drugs;
32 (d) provide education on safe consumption practices, proper disposal
33 of hypodermic needles and syringes, and overdose prevention, including
34 written information in, at a minimum, the four most commonly spoken
35 languages in the state as determined by the department or local health
36 district;
37 (e) administer first aid, if needed, and monitor participants for
38 potential overdose, including the administration of naloxone by an
39 appropriately trained or credentialed staff member of the program, which
40 may include, but is not limited to a registered nurse pursuant to
41 section sixty-nine hundred nine of the education law;
42 (f) provide referrals to OASAS licensed and certified providers,
43 established harm reduction programs, addiction treatment, medical,
44 social welfare, and employment and training services;
45 (g) educate participants on the risks of contracting HIV and viral
46 hepatitis, and provide sexual health resources and supplies, including,
47 but not limited to, male and female condoms;
48 (h) provide access to naloxone or to equivalent treatments, or refer-
49 rals to obtain naloxone or such equivalent treatments, for participants;
50 (i) provide reasonable and adequate security of the program site and
51 equipment;
52 (j) ensure confidentiality of program participants by using an anony-
53 mous unique identifier, unless participants provide appropriate consent;
54 (k) train staff members to deliver services offered by the program or
55 attend trainings provided by the department or local health district if
56 required;
S. 5289--A 3
1 (l) establish and make available to the public operating procedures
2 for the program, including but not limited to the standard hours of
3 operation, a minimum number of personnel required to be on-site during
4 those hours of operation, the licensing and training standards for staff
5 present, an established maximum number of individuals who can be served
6 at one time and an established relationship with the nearest emergency
7 department of a general acute care hospital, as well as eligibility
8 criteria for program participants if not predetermined by the department
9 or local health district.
10 (m) establish a good neighbor policy that facilitates communication
11 from and to local businesses and residences, to the extent they exist,
12 to address any neighborhood concerns and complaints; and
13 (n) establish a policy for informing local government officials and
14 neighbors about the approved entity's complaint procedures, and the
15 contact number of the director, manager, or operator of the approved
16 entity.
17 § 3398-c. Designation. A department approved program shall also be
18 designated as an authorized syringe exchange program in accordance with
19 the regulations of the department as set forth in 10 NYCRR 80.135 and as
20 a registered provider of an opioid overdose prevention program in
21 accordance with the regulations of the department as set forth in 10
22 NYCRR 80.138. An overdose prevention center program approved by a local
23 health district shall apply to be an authorized syringe exchange program
24 and registered provider of an opioid overdose prevention program.
25 § 3398-d. Reporting. An entity operating an overdose prevention center
26 program under this section shall provide an annual report to the tempo-
27 rary president of the senate, the speaker of the assembly and the
28 department and/or local health district that approved it for operation
29 at a date set by the department or local health district that shall
30 include:
31 1. the number of program participants;
32 2. aggregate information regarding the characteristics of program
33 participants;
34 3. the number of hypodermic needles and syringes distributed for use
35 on-site;
36 4. the number of overdoses experienced and the number of overdoses
37 reversed on-site;
38 5. the number of individuals directly and formally referred to other
39 services and the type of service; and
40 6. any other information requested by the department or local health
41 district in furtherance of its public health and safety authority.
42 § 3398-e. Immunity provided. Notwithstanding any other statute, law or
43 rule to the contrary, the following persons shall not be arrested,
44 charged, or prosecuted for any criminal offense, including for attempt,
45 aiding and abetting, or conspiracy, or be subject to any civil or admin-
46 istrative penalty, including seizure or forfeiture of assets or real
47 property or disciplinary action by a professional licensing board, or be
48 denied any right or privilege, solely for participation or involvement
49 in a program approved by the department or local health districts pursu-
50 ant to this article:
51 1. a participant;
52 2. a staff member or administrator of a program, including a health
53 care professional, manager, employee, or volunteer; or
54 3. a property owner who owns real property at which a program is
55 located and operates.
S. 5289--A 4
1 § 3398-f. Limitations on immunity. Notwithstanding the provisions of
2 section thirty-three hundred ninety-eight-e of this article, a property
3 owner, staff member, manager, employee, volunteer, or individual utiliz-
4 ing an overdose prevention center program is not immune from criminal
5 prosecution for any activities not permitted or approved pursuant to
6 this article.
7 § 2. This act shall take effect immediately and shall expire and be
8 deemed repealed December 31, 2021.
