Assembly Bill A4940

2019-2020 Legislative Session

Relates to prohibiting supervised injection sites

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2019-A4940 (ACTIVE) - Details

See Senate Version of this Bill:
S550
Current Committee:
Assembly Health
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:
2017-2018: S8975
2021-2022: S1940
2023-2024: S4896

2019-A4940 (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.

2019-A4940 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4940
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:

   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:

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

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