NY State Senate Bill 2017-S8975

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 08, 2018	referred to rules

co-Sponsors

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2017-S8975 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §§3302 & 3390, add §3398, Pub Health L; amd §6530, Ed L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S550
2021-2022: S1940
2023-2024: S4896

2017-S8975 (ACTIVE) - Summary

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.

2017-S8975 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8975

SPONSOR: AKSHAR
 
TITLE OF BILL:  An act to amend the public health law and the educa-
tion law, in relation to prohibiting supervised injection sites

 
PURPOSE OR GENERAL IDEA OF BILL:

Defines and prohibits supervised injection sites.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 3302 of the public health law by adding a new
subdivision 44 to read as follows:

44. (a) Supervised injection site means a facility or institution that:

i. allows addicts, ultimate users or other individuals to possess and
use controlled substances; or
ii. allows a practitioner to dispense or administer controlled
substances to addicts, ultimate users or other individuals; and

iii. is supervised by trained medical personnel such as physicians,
physicians assistants, nurses, nurse practitioners, psychologists,
social workers, mental health counselors or other trained medical
professionals as defined in title 8 of the education law.

(b) Supervised injection site shall not include:

i. an opioid treatment program; or
ii.a substance abuse program, chemical dependence services program, or
behavioral health services program certified, licensed, funded or oper-
ated by the Office of Alcoholism and Substance Abuse Services.

Section two amends the public health law by adding a new section 3398 to
read as follows, it shall be unlawful for any person to own, operate,
work in or volunteer at a supervised injection site.

Section three amends section 3390 of the public health law by adding a
new subdivision 7 to read as follows, willfully owned or operated a
supervised injection site.

Section four amends section 6530 of the education law by adding a new
subdivision fifty to read as follows, a violation of section 3398 of the
public health law by a professional.

Section five states act shall take effect immediately.

 
JUSTIFICATION:

While harm reduction is important in combatting the devastating heroin
and opioid epidemic, there is not sufficient evidence that supervised
injection sites will help get those suffering from a substance use
disorder get the treatment they need or benefit the community in which
they are located.

A 2010 analysis of injection sites in Australia found that "the 7% of
clients who attended the centre more than 98 times in a year were still
injecting 80% of the time outside the centre, while the 26% who visited

10-98 times per year injected 95% of the time on the street, in a car, a
toilet, at home or someone else's home." (Source:  DrugFree.org)

Until there is more evidence on the impact of supervised injection
sites, they should be prohibited in New York State.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on immediately.

2017-S8975 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8975
 
                             I N  S E N A T E
 
                               June 8, 2018
                                ___________
 
 Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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:

   Section  1. Section 3302 of the public health law is amended by adding
 a new subdivision 44 to read as follows:
   44. (A) "SUPERVISED INJECTION SITE" MEANS A  FACILITY  OR  INSTITUTION
 THAT:
   (I) ALLOWS ADDICTS, ULTIMATE USERS OR OTHER INDIVIDUALS TO POSSESS AND
 USE CONTROLLED SUBSTANCES; OR
   (II)  ALLOWS  A  PRACTITIONER  TO  DISPENSE  OR  ADMINISTER CONTROLLED
 SUBSTANCES TO ADDICTS, ULTIMATE USERS OR OTHER INDIVIDUALS; AND
   (III) IS SUPERVISED BY TRAINED MEDICAL PERSONNEL SUCH  AS  PHYSICIANS,
 PHYSICIANS   ASSISTANTS,  NURSES,  NURSE  PRACTITIONERS,  PSYCHOLOGISTS,
 SOCIAL WORKERS,  MENTAL  HEALTH  COUNSELORS  OR  OTHER  TRAINED  MEDICAL
 PROFESSIONALS AS DEFINED IN TITLE EIGHT OF THE EDUCATION LAW.
   (B) SUPERVISED INJECTION SITE SHALL NOT INCLUDE:
   (I) AN OPIOID TREATMENT PROGRAM; OR
   (II)  A SUBSTANCE ABUSE PROGRAM, CHEMICAL DEPENDENCE SERVICES PROGRAM,
 OR BEHAVIORAL HEALTH SERVICES PROGRAM  CERTIFIED,  LICENSED,  FUNDED  OR
 OPERATED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES.
   §  2. The public health law is amended by adding a new section 3398 to
 read as follows:
   § 3398. SUPERVISED INJECTION SITES UNLAWFUL. IT SHALL BE UNLAWFUL  FOR
 ANY  PERSON  TO  OWN,  OPERATE,  WORK  IN  OR  VOLUNTEER AT A SUPERVISED
 INJECTION SITE.
   § 3. Subdivisions 5 and 6 of section 3390 of the public health law, as
 added by chapter 878 of the laws of 1972, are amended and a new subdivi-
 sion 7 is added to read as follows:
   5.  failed  to  maintain  effective  control  against   diversion   of
 controlled substances; [or]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16257-01-8

 S. 8975                             2
 
   6.  wilfully  and unreasonably refused to permit an inspection author-
 ized by this article[.]; OR
   7. WILFULLY OWNED OR OPERATED A SUPERVISED INJECTION SITE.
   §  4.  Section  6530  of  the education law is amended by adding a new
 subdivision 50 to read as follows:
   50. A VIOLATION OF SECTION THIRTY-THREE HUNDRED  NINETY-EIGHT  OF  THE
 PUBLIC HEALTH LAW BY A PROFESSIONAL.
   § 5. This act shall take effect immediately.

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Senate Bill S8975

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

2017-S8975 (ACTIVE) - Details

2017-S8975 (ACTIVE) - Summary

2017-S8975 (ACTIVE) - Sponsor Memo

2017-S8975 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8975

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Sponsored By

Fred Akshar

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

Patrick M. Gallivan

Martin J. Golden

Thomas F. O'Mara

Robert G. Ortt

2017-S8975 (ACTIVE) - Details

2017-S8975 (ACTIVE) - Summary

2017-S8975 (ACTIVE) - Sponsor Memo

2017-S8975 (ACTIVE) - Bill Text download pdf

Comments