NY State Senate Bill 2021-S1940

Archive: Last Bill Status - In Senate Committee Health 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
Jan 16, 2021	referred to health

co-Sponsors

2021-S1940 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§3302 & 3390, add §3395, Pub Health L; amd §6530, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8975
2019-2020: S550
2023-2024: S4896

2021-S1940 (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.

2021-S1940 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1940                     Revised 5/6/2022

SPONSOR: AKSHAR
 
TITLE OF BILL:

An act to amend the public health law and the education 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 those suffering from a substance use disorder
get the treatment they need.

A 2010 analysis of injection sites in Australia found that "the 'It 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:

2020 - S550: Referred to Health

2019 - S550: Referred to Health

2018 - S8975: Referred to Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on immediately.

2021-S1940 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1940
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced by Sens. AKSHAR, GALLIVAN, JORDAN, O'MARA, ORTT -- read twice
   and ordered printed, and when printed to be committed 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 3395  to
 read as follows:
   §  3395. SUPERVISED INJECTION SITES UNLAWFUL. IT SHALL BE UNLAWFUL FOR
 ANY PERSON TO OWN,  OPERATE,  WORK  IN  OR  VOLUNTEER  AT  A  SUPERVISED
 INJECTION SITE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04202-01-1

 S. 1940                             2
 
   § 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]
   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 51 to read as follows:
   51. A VIOLATION OF SECTION THIRTY-THREE  HUNDRED  NINETY-FIVE  OF  THE
 PUBLIC HEALTH LAW BY A PROFESSIONAL.
   § 5. This act shall take effect immediately.

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Senate Bill S1940

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

2021-S1940 (ACTIVE) - Details

2021-S1940 (ACTIVE) - Summary

2021-S1940 (ACTIVE) - Sponsor Memo

2021-S1940 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1940

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Sponsored By

Fred Akshar

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

Patrick M. Gallivan

Daphne Jordan

Thomas F. O'Mara

Robert G. Ortt

2021-S1940 (ACTIVE) - Details

2021-S1940 (ACTIVE) - Summary

2021-S1940 (ACTIVE) - Sponsor Memo

2021-S1940 (ACTIVE) - Bill Text download pdf

Comments