S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    60
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, PEOPLES-STOKES, GOTTFRIED, CARROLL,
   NIOU,  PAULIN,  ORTIZ, SIMON, DICKENS, D'URSO, QUART, McDONOUGH, RICH-
   ARDSON, MOSLEY, JAFFEE, EPSTEIN -- Multi-Sponsored  by  --  M.  of  A.
   LENTOL, LUPARDO -- 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:
 
   Section 1. The public health law is amended by adding  a  new  article
 33-B to read as follows:
                               ARTICLE 33-B
                      SAFER CONSUMPTION SERVICES ACT
 SECTION 3398.   SHORT TITLE.
         3398-A. DEFINITIONS.
         3398-B. PROGRAM APPROVAL.
         3398-C. DESIGNATION.
         3398-D. REPORTING.
         3398-E. IMMUNITY PROVIDED.
         3398-F. LIMITATIONS ON IMMUNITY.
   §  3398.  SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE
 "SAFER CONSUMPTION SERVICES ACT".
   § 3398-A. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "PROGRAM" MEANS A SAFER CONSUMPTION  SERVICES  PROGRAM  ESTABLISHED
 PURSUANT TO THIS ARTICLE.
   2.  "ENTITY"  MEANS  ANY  COMMUNITY  BASED  ORGANIZATION THAT PROVIDES
 EDUCATIONAL, HEALTH, HARM REDUCTION, HOUSING, OR SOCIAL SERVICES AND ANY
 HOSPITAL, MEDICAL CLINIC OR OFFICE, HEALTH CENTER, NURSING CARE  FACILI-
 TY,  MENTAL  HEALTH  FACILITY,  OR  OTHER  SIMILAR  ENTITY THAT PROVIDES
 MEDICAL CARE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01838-01-9

 A. 60                               2
 
   3. "PARTICIPANT" MEANS AN INDIVIDUAL WHO SEEKS TO  UTILIZE,  UTILIZES,
 OR HAS USED A PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE.
   §  3398-B. PROGRAM APPROVAL. 1. NOTWITHSTANDING ANY OTHER STATUTE, LAW
 OR RULE TO THE CONTRARY, THE DEPARTMENT OR A LOCAL HEALTH  DISTRICT  MAY
 APPROVE AN ENTITY TO OPERATE A PROGRAM IN ONE OR MORE JURISDICTIONS UPON
 SATISFACTION  OF  THE  REQUIREMENTS SET FORTH IN SUBDIVISION TWO OF THIS
 SECTION. THE DEPARTMENT AND LOCAL HEALTH JURISDICTIONS  SHALL  ESTABLISH
 STANDARDS  FOR  PROGRAM  APPROVAL  AND  TRAINING AND MAY PROMULGATE SUCH
 RULES AND REGULATIONS AS ARE NECESSARY TO IMPLEMENT THIS SECTION.
   (A) THE DEPARTMENT OR A LOCAL HEALTH DISTRICT SHALL APPROVE OR DENY AN
 APPLICATION UNDER THIS SECTION WITHIN FORTY-FIVE  DAYS  OF  THE  DAY  OF
 RECEIPT  OF  THE  APPLICATION  AND PROVIDE A WRITTEN EXPLANATION OF SUCH
 DETERMINATION.
   (B) AN ENTITY MAY MAKE AN APPLICATION UNDER THIS SECTION AT ANY  TIME,
 REGARDLESS OF PREVIOUS APPLICATIONS.
   2.  THE  DEPARTMENT  OR LOCAL HEALTH DISTRICT MAY APPROVE AN ENTITY TO
 OPERATE A PROGRAM PURSUANT TO THIS ARTICLE, UPON SUBMISSION OF AN APPLI-
 CATION THAT DEMONSTRATES THE ENTITY WILL, AT A MINIMUM:
   (A) PROVIDE A HYGIENIC SPACE  WHERE  PARTICIPANTS  MAY  CONSUME  THEIR
 PREOBTAINED  DRUGS THAT IS SEPARATE FROM THE SPACE IN WHICH THE PROVIDER
 PERFORMS OTHER BUSINESS, IF ANY;
   (B) PROVIDE ADEQUATE STAFFING BY  HEALTHCARE  PROFESSIONALS  OR  OTHER
 TRAINED STAFF;
   (C)  PROVIDE  STERILE  INJECTION  SUPPLIES,  COLLECT  USED  HYPODERMIC
 NEEDLES AND SYRINGES, AND PROVIDE SECURE HYPODERMIC NEEDLE  AND  SYRINGE
 DISPOSAL SERVICES;
   (D)  PROVIDE  EDUCATION ON SAFE CONSUMPTION PRACTICES, PROPER DISPOSAL
 OF HYPODERMIC NEEDLES AND SYRINGES, AND OVERDOSE  PREVENTION,  INCLUDING
 WRITTEN  INFORMATION  IN,  AT  A  MINIMUM, THE FOUR MOST COMMONLY SPOKEN
 LANGUAGES IN THE STATE AS DETERMINED BY THE DEPARTMENT OR  LOCAL  HEALTH
 DISTRICT;
   (E)  ADMINISTER  FIRST  AID,  IF  NEEDED, AND MONITOR PARTICIPANTS FOR
 POTENTIAL OVERDOSE;
   (F) PROVIDE REFERRALS TO ADDICTION TREATMENT, MEDICAL, SOCIAL WELFARE,
 AND EMPLOYMENT AND TRAINING SERVICES;
   (G) EDUCATE PARTICIPANTS ON THE RISKS OF  CONTRACTING  HIV  AND  VIRAL
 HEPATITIS  AND  PROVIDE SEXUAL HEALTH RESOURCES AND SUPPLIES, INCLUDING,
 BUT NOT LIMITED TO, MALE AND FEMALE CONDOMS;
   (H) PROVIDE ACCESS TO NALOXONE OR REFERRALS  TO  OBTAIN  NALOXONE  FOR
 PARTICIPANTS;
   (I)  PROVIDE  REASONABLE AND ADEQUATE SECURITY OF THE PROGRAM SITE AND
 EQUIPMENT;
   (J) ENSURE CONFIDENTIALITY OF PROGRAM PARTICIPANTS BY USING AN  ANONY-
 MOUS UNIQUE IDENTIFIER;
   (K)  TRAIN STAFF MEMBERS TO DELIVER SERVICES OFFERED BY THE PROGRAM OR
 ATTEND TRAININGS PROVIDED BY THE DEPARTMENT OR LOCAL HEALTH JURISDICTION
 IF REQUIRED; AND
   (L) ESTABLISH OPERATING PROCEDURES FOR THE PROGRAM AS WELL  AS  ELIGI-
 BILITY  CRITERIA  FOR  PROGRAM  PARTICIPANTS IF NOT PREDETERMINED BY THE
 DEPARTMENT OR LOCAL HEALTH DISTRICT.
   § 3398-C. DESIGNATION. A DEPARTMENT APPROVED  PROGRAM  SHALL  ALSO  BE
 DESIGNATED  AS AN AUTHORIZED SYRINGE EXCHANGE PROGRAM IN ACCORDANCE WITH
 THE REGULATIONS OF THE DEPARTMENT AS SET FORTH IN 10 NYCRR 80.135 AND AS
 A REGISTERED PROVIDER  OF  AN  OPIOID  OVERDOSE  PREVENTION  PROGRAM  IN
 ACCORDANCE  WITH  THE  REGULATIONS  OF THE DEPARTMENT AS SET FORTH IN 10
 NYCRR 80.138. A SAFER CONSUMPTION PROGRAM APPROVED  BY  A  LOCAL  HEALTH

 A. 60                               3
 
 DISTRICT  SHALL  APPLY  TO BE AN AUTHORIZED SYRINGE EXCHANGE PROGRAM AND
 REGISTERED PROVIDER OF AN OPIOID OVERDOSE PREVENTION PROGRAM.
   §  3398-D.  REPORTING. AN ENTITY OPERATING A SAFER CONSUMPTION PROGRAM
 UNDER THIS SECTION SHALL PROVIDE AN ANNUAL REPORT TO THE  DEPARTMENT  OR
 LOCAL  HEALTH  DISTRICT  THAT APPROVED IT FOR OPERATION AT A DATE SET BY
 THE DEPARTMENT OR LOCAL HEALTH DISTRICT THAT SHALL INCLUDE:
   1. THE NUMBER OF PROGRAM PARTICIPANTS;
   2. AGGREGATE INFORMATION  REGARDING  THE  CHARACTERISTICS  OF  PROGRAM
 PARTICIPANTS;
   3.  THE  NUMBER OF HYPODERMIC NEEDLES AND SYRINGES DISTRIBUTED FOR USE
 ON-SITE;
   4. THE NUMBER OF OVERDOSES EXPERIENCED AND  THE  NUMBER  OF  OVERDOSES
 REVERSED ON-SITE; AND
   5.  THE  NUMBER OF INDIVIDUALS DIRECTLY AND FORMALLY REFERRED TO OTHER
 SERVICES AND THE TYPE OF SERVICE.
   § 3398-E. IMMUNITY PROVIDED. NOTWITHSTANDING ANY OTHER STATUTE, LAW OR
 RULE TO THE CONTRARY, THE  FOLLOWING  PERSONS  SHALL  NOT  BE  ARRESTED,
 CHARGED,  OR  PROSECUTED  FOR  ANY CRIMINAL OFFENSE OR BE SUBJECT TO ANY
 CIVIL OR ADMINISTRATIVE PENALTY,  INCLUDING  SEIZURE  OR  FORFEITURE  OF
 ASSETS OR REAL PROPERTY OR DISCIPLINARY ACTION BY A PROFESSIONAL LICENS-
 ING BOARD, OR BE DENIED ANY RIGHT OR PRIVILEGE, SOLELY FOR PARTICIPATION
 OR INVOLVEMENT IN A SAFER CONSUMPTION PROGRAM APPROVED BY THE DEPARTMENT
 OR LOCAL HEALTH DISTRICTS PURSUANT TO THIS ARTICLE:
   1. A PARTICIPANT;
   2.  A  STAFF MEMBER OR ADMINISTRATOR OF A PROGRAM, INCLUDING A HEALTH-
 CARE PROFESSIONAL, MANAGER, EMPLOYEE, OR VOLUNTEER; OR
   3. A PROPERTY OWNER WHO OWNS REAL  PROPERTY  AT  WHICH  A  PROGRAM  IS
 LOCATED AND OPERATES.
   §  3398-F.  LIMITATIONS ON IMMUNITY. NOTWITHSTANDING THE PROVISIONS OF
 SECTION THIRTY-THREE HUNDRED NINETY-EIGHT-E OF THIS ARTICLE, A  PROPERTY
 OWNER, STAFF MEMBER, MANAGER, EMPLOYEE, VOLUNTEER, OR INDIVIDUAL UTILIZ-
 ING  A  SAFER  CONSUMPTION  SERVICES PROGRAM IS NOT IMMUNE FROM CRIMINAL
 PROSECUTION FOR ANY ACTIVITIES NOT PERMITTED  OR  APPROVED  PURSUANT  TO
 THIS ARTICLE.
   § 2. This act shall take effect immediately.