NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A338A
SPONSOR: Rosenthal L (MS) 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-c.
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 (IDUHA) 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 to establish and operate safer
consumption services programs-spaces where individuals can use pre-ob-
tained 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 refer-
rals 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:
2021-22: A.224 - Reported to Codes; S.603 - Referred to Health
2019-20: A.60 - Referred to Health; S.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
________________________________________________________________________
338--A
2023-2024 Regular Sessions
IN ASSEMBLY
January 6, 2023
___________
Introduced by M. of A. L. ROSENTHAL, PEOPLES-STOKES, PAULIN, CARROLL,
SIMON, DICKENS, EPSTEIN, CRUZ, STECK, GONZALEZ-ROJAS, MAMDANI,
FORREST, MEEKS, GALLAGHER, GLICK, KELLES, BURDICK, HEVESI, MITAYNES,
LAVINE, CLARK, TAYLOR, BICHOTTE HERMELYN, WEPRIN, AUBRY -- Multi-Spon-
sored by -- M. of A. LUPARDO -- read once and referred to the Commit-
tee 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 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. Short title. This act shall be known and may be cited as the
12 "safer consumption services act".
13 § 3399-a. Definitions. As used in this article:
14 1. "Program" means an overdose prevention center program established
15 pursuant to this article.
16 2. "Entity" means any community-based organization that is an author-
17 ized syringe exchange program in accordance with the regulations of the
18 department which provides educational, health, harm reduction, housing,
19 or social services and any hospital, medical clinic or office, health
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00024-05-3
A. 338--A 2
1 center, nursing care facility, mental health facility, or other similar
2 entity that provides medical care.
3 3. "Participant" means an individual who seeks to utilize, utilizes,
4 or has used a program established pursuant to this article.
5 § 3399-b. Program approval. 1. Notwithstanding any other statute, law
6 or rule to the contrary, the department may approve an entity to operate
7 a program in one or more jurisdictions upon satisfaction of the require-
8 ments set forth in subdivision two of this section. The department shall
9 establish standards for program approval and training and may promulgate
10 such rules and regulations as are necessary to implement this section.
11 (a) The department shall approve or deny an application under this
12 section within forty-five days of the day of receipt of the application
13 and provide a written explanation of such determination.
14 (b) An entity may make an application under this section at any time,
15 regardless of previous applications.
16 2. The department may approve an entity to operate a program pursuant
17 to this article, upon submission of an application that demonstrates the
18 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 services;
22 (b) provide adequate staffing by healthcare professionals or other
23 trained staff;
24 (c) provide sterile injection and other consumption supplies, collect
25 used hypodermic needles and syringes, and provide secure hypodermic
26 needle and syringe disposal services;
27 (d) provide education on safer 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;
31 (e) administer first aid, if needed, and monitor participants for
32 potential overdose;
33 (f) provide referrals to substance use disorder treatment, medical,
34 social welfare, and employment and training services;
35 (g) educate participants on the risks of contracting HIV and viral
36 hepatitis and provide sexual health resources and supplies, including,
37 but not limited to, male and female condoms;
38 (h) provide access to naloxone or referrals to obtain naloxone for
39 participants;
40 (i) provide reasonable and adequate security of the program site and
41 equipment;
42 (j) ensure confidentiality of program participants by using an anony-
43 mous unique identifier;
44 (k) train staff members to deliver services offered by the program or
45 attend trainings provided by the department; and
46 (l) establish operating procedures for the program as well as eligi-
47 bility criteria for program participants.
48 § 3399-c. Designation. A department approved program shall also be
49 designated as an authorized syringe exchange program in accordance with
50 the regulations of the department as set forth in 10 NYCRR 80.135 and as
51 a registered provider of an opioid overdose prevention program in
52 accordance with the regulations of the department as set forth in 10
53 NYCRR 80.138.
54 § 3399-d. Reporting. An entity operating an overdose prevention center
55 program under this article shall provide an annual report to the depart-
56 ment at a date set by the department that shall include:
A. 338--A 3
1 1. the number of program participants;
2 2. aggregate information regarding the characteristics of program
3 participants;
4 3. the number of hypodermic needles and syringes distributed for use
5 on-site;
6 4. the number of overdoses experienced, the number of overdoses inter-
7 vened on-site, and the outcomes; and
8 5. the number of individuals directly and formally referred to other
9 services and the type of service.
10 § 3399-e. Immunity provided. Notwithstanding any other statute, law or
11 rule to the contrary, the following persons shall not be arrested,
12 charged, or prosecuted for any criminal offense or be subject to any
13 civil or administrative penalty, including seizure or forfeiture of
14 assets or real property or disciplinary action by a professional licens-
15 ing board, or be denied any right or privilege, solely for participation
16 or involvement in an overdose prevention center program approved by the
17 department so long as such participation or involvement was in good
18 faith and in accordance with established protocols pursuant to this
19 article:
20 1. a participant;
21 2. a staff member or administrator of a program, including a health-
22 care professional, manager, employee, board member, director, or volun-
23 teer; or
24 3. a property owner who owns property at which a program is located
25 and operates.
26 § 2. This act shall take effect immediately.
