S T A T E O F N E W Y O R K
________________________________________________________________________
5128--B
Cal. No. 311
2021-2022 Regular Sessions
I N S E N A T E
February 24, 2021
___________
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Alcoholism and Substance
Abuse -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- recommitted to the
Committee on Alcoholism and Substance Abuse in accordance with Senate
Rule 6, sec. 8 -- reported favorably from said committee, ordered to
first and second report, ordered to a third reading, amended and
ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the public health law, in relation to enacting the model
overdose mapping and response act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "model overdose mapping and response act".
§ 2. Legislative findings and purpose. The legislature finds that
substance use disorder and drug overdose is a major health problem that
affects the lives of many people, multiple service systems, and leads
to profound consequences including permanent injury or death. Accidental
overdoses caused by heroin, fentanyl, other opiates, stimulants,
controlled substance analogs, novel psychoactive substances, and other
legal or illegal drugs are a national security crisis that stress and
strain the financial, public health, health care, and public safety
resources in New York state. This impact is because there are few
central databases that can quickly help identify this problem and limit-
ed funding for support to mitigate the crisis and risks statewide. There
is a need for collaboration among local, regional, and state agencies,
service systems, program offices within New York state, and other part-
ners such as federal agencies to establish a comprehensive system
addressing the problems associated with overdoses and to reduce duplica-
tive requirements across local, county, state, public safety, and health
care agencies. Formalized collaboration allows these entities to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09914-05-2
S. 5128--B 2
combine their numerous resources and strengths, thus reducing insular
decision-making. Contemporaneous data collection about, and public
surveillance of, confirmed or suspected overdoses with New York state
will allow state and local agencies to focus on specific areas where the
following are needed most in order to maximize resources: (1) inter-
ventions to reduce supply; (2) public education about substance misuse;
(3) treatment and other health care options to reduce demand; and (4)
implementation of risk reduction strategies.
The legislature's purpose in enacting this act is to: (1) provide near
real-time drug overdose surveillance of confirmed or suspected overdoses
occurring within New York state, using a specialized program to collect
information about overdose incidents that supports public safety and
public health efforts to mobilize an immediate response to a sudden
increase in overdoses; (2) provide a centralized resource that can
collect information about overdose incidents and make the data available
to the health care community, public safety agencies, and municipal,
county and state agencies to quickly identify needs and provide short
and long-term solutions while protecting and respecting the privacy
rights of individuals; (3) discourage substance misuse and accidental
overdoses by quickly identifying the areas in New York state where over-
doses pose the highest risk to the community; (4) enable local,
regional, and state agencies, service systems, and program offices to
develop effective strategies for addressing confirmed or suspected over-
doses occurring within their jurisdictions and implement interventional
strategies; and (5) encourage formal collaborative agreements among
local, regional, and state agencies, service systems, and program
offices that enhance present and future work pertaining to the various
health care and public safety aspects of this crisis, including
substance use disorders, co-occurring disorders, unemployment, homeless-
ness, drug supply chains, and other health care and public safety
issues.
By way of this act, the legislature intends to maximize the efficiency
of financial, public education, public health, health professional, and
public safety resources so that these resources are concentrated on the
most needy and at-risk areas and groups in New York state.
§ 3. The public health law is amended by adding a new section 3309-b
to read as follows:
§ 3309-B. MODEL OVERDOSE MAPPING AND RESPONSE SYSTEM. 1. DEFINITIONS.
FOR THE PURPOSES OF THIS SECTION, UNLESS THE CONTEXT CLEARLY INDICATES
OTHERWISE, THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE FOLLOWING
MEANINGS:
(A) "APPLICATION PROGRAMMING INTERFACE" OR "API" MEANS A SET OF TOOLS,
DEFINITIONS, AND PROTOCOLS FOR BUILDING AND INTEGRATING APPLICATION
SOFTWARE AND SERVICES WITH DIFFERENT SOFTWARE PROGRAMS.
(B) "CORONER" MEANS THE ELECTED OR APPOINTED OFFICER IN EACH COUNTY OF
THE STATE WHOSE RESPONSIBILITY IS TO INVESTIGATE THE CAUSE OF DEATH IN
CASES.
(C) "EMERGENCY DEPARTMENT PERSONNEL" MEANS PAID OR VOLUNTEER HEALTH
CARE PROFESSIONALS LICENSED BY THE STATE WHO WORK IN AN EMERGENCY
DEPARTMENT, INCLUDING BUT NOT LIMITED TO PHYSICIANS, NURSES AND MEDICAL
ASSISTANTS.
(D) "INFORMATION TECHNOLOGY PLATFORM" MEANS THE WASHINGTON/BALTIMORE
HIGH INTENSITY DRUG TRAFFICKING AREAS' OVERDOSE DETECTION MAPPING APPLI-
CATION PROGRAM (ODMAP), WHICH HAS THE ABILITY TO:
(I) ALLOW SECURE ACCESS TO THE SYSTEM BY AUTHORIZED USERS TO REPORT
INFORMATION ABOUT AN OVERDOSE INCIDENT REQUIRED BY THIS SECTION;
S. 5128--B 3
(II) ALLOW SECURE ACCESS TO THE SYSTEM BY AUTHORIZED USERS TO VIEW, IN
NEAR REAL-TIME, CERTAIN INFORMATION ABOUT OVERDOSE INCIDENTS REPORTED
PURSUANT TO THIS SECTION;
(III) PRODUCE A MAP IN NEAR REAL-TIME OF THE APPROXIMATE LOCATIONS OF
CONFIRMED OR SUSPECTED OVERDOSE INCIDENTS REPORTED PURSUANT TO THIS
SECTION;
(IV) INTERFACE WITH OTHER INFORMATION SYSTEMS AND APPLICATIONS VIA AN
API; AND
(V) ENABLE ACCESS TO OVERDOSE INCIDENT INFORMATION THAT ASSISTS IN
STATE AND LOCAL DECISIONS REGARDING THE ALLOCATION OF PUBLIC HEALTH,
PUBLIC SAFETY, AND EDUCATIONAL RESOURCES.
(E) "LAW ENFORCEMENT OFFICER" MEANS A PAID OR VOLUNTEER EMPLOYEE OF A
POLICE DEPARTMENT OR SHERIFF'S OFFICE, WHICH IS A PART OF, OR ADMINIS-
TERED BY, THE STATE OR ANY POLITICAL SUBDIVISION THEREOF, OR ANY FULL-
TIME OR PART-TIME EMPLOYEE OF A PRIVATE POLICE DEPARTMENT, AND WHO IS
RESPONSIBLE FOR THE PREVENTION AND DETECTION OF CRIME AND THE ENFORCE-
MENT OF THE PENAL LAW, VEHICLE AND TRAFFIC LAW, OR HIGHWAY LAWS OF THE
STATE.
(F) "MEDICAL EXAMINER" MEANS AN INDIVIDUAL APPOINTED PURSUANT TO
SECTION FOUR HUNDRED OF THE COUNTY LAW TO PERFORM DEATH INVESTIGATIONS
AND TO ESTABLISH THE CAUSE AND MANNER OF DEATH, AND INCLUDES ANY PERSON
DESIGNATED BY SUCH PERSON TO PERFORM DUTIES REQUIRED BY LAW.
(G) "OVERDOSE" MEANS INJURY TO THE BODY THAT HAPPENS WHEN ONE OR MORE
SUBSTANCES ARE TAKEN IN EXCESSIVE AMOUNTS. AN OVERDOSE CAN BE FATAL OR
NONFATAL.
(H) "OVERDOSE INCIDENT" MEANS AN OCCURRENCE WHERE A LAW ENFORCEMENT
OFFICER, PERSON WHO ADMINISTERS EMERGENCY MEDICAL SERVICES, CORONER, OR
MEDICAL EXAMINER ENCOUNTERS A PERSON EXPERIENCING, OR WHO RECENTLY EXPE-
RIENCED, A CONFIRMED OR SUSPECTED OVERDOSE.
(I) "OVERDOSE REVERSAL DRUG" MEANS NALOXONE HYDROCHLORIDE OR OTHER
SIMILARLY ACTING DRUG THAT IS APPROVED BY THE FEDERAL FOOD AND DRUG
ADMINISTRATION FOR THE EMERGENCY TREATMENT OF AN OVERDOSE.
(J) "OVERDOSE SPIKE" MEANS THE OCCURRENCE OF A SIGNIFICANT INCREASE IN
THE NUMBER OF CONFIRMED OR SUSPECTED OVERDOSES IN A CERTAIN TIMEFRAME
THAT TRIGGERS THE OVERDOSE SPIKE RESPONSE PLAN WITHIN A SPECIFIC
GEOGRAPHIC AREA.
(K) "OVERDOSE SPIKE RESPONSE PLAN" MEANS A COMPILATION OF RECOMMENDA-
TIONS FOR COORDINATED RESPONSES TO OVERDOSE SPIKES IDENTIFIED THROUGH
THE USE OF THE INFORMATION TECHNOLOGY PLATFORM.
(L) "PERSON WHO ADMINISTERS EMERGENCY SERVICES" MEANS A PAID OR VOLUN-
TEER PROFESSIONAL, OTHER THAN A LAW ENFORCEMENT OFFICER, WHO IS TRAINED
AND LICENSED IN THE STATE TO PROVIDE EMERGENCY SERVICES TO THE PUBLIC,
INCLUDING BUT NOT LIMITED TO A FIREFIGHTER, EMERGENCY MEDICAL TECHNI-
CIAN, EMERGENCY MEDICAL RESPONDER, PARAMEDIC, AND EMERGENCY DEPARTMENT
PERSONNEL.
2. ESTABLISHMENT OF THE OVERDOSE MAPPING AND RESPONSE SYSTEM. (A) THE
DEPARTMENT IS HEREBY DIRECTED TO:
(I) ASCERTAIN AND DOCUMENT THE NUMBER, TRENDS, PATTERNS, AND RISK
FACTORS ASSOCIATED WITH KNOWN AND SUSPECTED OVERDOSES IN THE STATE, BOTH
FATAL AND NONFATAL; AND
(II) DEVELOP STRATEGIES FOR PUBLIC HEALTH AND PUBLIC SAFETY INTER-
VENTIONS THAT MAY BE EFFECTIVE IN REDUCING THE RATE OF FATAL OR NONFATAL
OVERDOSES.
(B) IN FURTHERANCE OF THE DIRECTIVE IN PARAGRAPH (A) OF THIS SUBDIVI-
SION, NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,
THE DEPARTMENT SHALL DEVELOP AN OVERDOSE MAPPING AND RESPONSE SYSTEM IN
S. 5128--B 4
WHICH A CENTRAL REPOSITORY CONTAINING INFORMATION ABOUT OVERDOSE INCI-
DENTS IS ESTABLISHED AND MAINTAINED USING THE INFORMATION TECHNOLOGY
PLATFORM.
(C) NO LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,
THE OVERDOSE MAPPING AND RESPONSE SYSTEM SHALL CAPTURE INFORMATION ABOUT
ALL OVERDOSE INCIDENTS IN AT LEAST EIGHTY PERCENT OF THE COUNTIES IN THE
STATE.
(D) THE OVERDOSE MAPPING AND RESPONSE SYSTEM SHALL BE DESIGNED TO
AVOID DATA ENTRY DUPLICATION WHEREVER POSSIBLE, WHICH MAY INCLUDE USING
ONE OR MORE APIS TO TRANSFER INFORMATION ABOUT OVERDOSE INCIDENTS THAT
ARE CURRENTLY REPORTED TO ACTIVE DATABASES EXISTING IN THE STATE TO THE
INFORMATION TECHNOLOGY PLATFORM.
(E) A LAW ENFORCEMENT OFFICER WHO GOES TO AN OVERDOSE INCIDENT SHALL
REPORT INFORMATION ABOUT SUCH OVERDOSE INCIDENT TO THE INFORMATION TECH-
NOLOGY PLATFORM, AS DIRECTED BY PARAGRAPH (H) OF THIS SUBDIVISION, AS
SOON AS POSSIBLE BUT NO LATER THAN TWENTY-FOUR HOURS AFTER THE OVERDOSE
INCIDENT, TO THE EXTENT THAT SUCH INFORMATION IS KNOWN.
(F) A PERSON WHO ADMINISTERS EMERGENCY SERVICES WHO GOES TO AN OVER-
DOSE INCIDENT, OR WHO TRANSPORTS A PERSON EXPERIENCING A CONFIRMED OR
SUSPECTED OVERDOSE TO A MEDICAL FACILITY, SHALL REPORT INFORMATION ABOUT
SUCH OVERDOSE INCIDENT TO THE INFORMATION TECHNOLOGY PLATFORM, AS
DIRECTED BY PARAGRAPH (H) OF THIS SUBDIVISION, AS SOON AS POSSIBLE BUT
NO LATER THAN TWENTY-FOUR HOURS AFTER THE OVERDOSE INCIDENT, TO THE
EXTENT THAT SUCH INFORMATION IS KNOWN.
(G) WHEN A CORONER OR MEDICAL EXAMINER DETERMINES THAT THE DEATH OF A
PERSON WAS CAUSED BY AN OVERDOSE, THE CORONER OR MEDICAL EXAMINER SHALL
REPORT INFORMATION ABOUT SUCH OVERDOSE INCIDENT TO THE INFORMATION TECH-
NOLOGY PLATFORM, AS DIRECTED BY PARAGRAPH (H) OF THIS SUBDIVISION, AS
SOON AS POSSIBLE BUT NO LATER THAN TWENTY-FOUR HOURS AFTER THE OVERDOSE
INCIDENT, TO THE EXTENT THAT SUCH INFORMATION IS KNOWN.
(H) THE FOLLOWING INFORMATION ABOUT AN OVERDOSE INCIDENT SHALL BE
REPORTED BY THE INDIVIDUALS IDENTIFIED IN PARAGRAPHS (E), (F) AND (G) OF
THIS SUBDIVISION USING THE INFORMATION TECHNOLOGY PLATFORM:
(I) THE DATE AND TIME OF THE OVERDOSE INCIDENT;
(II) THE LOCATION OF THE OVERDOSE INCIDENT;
(III) WHETHER AN OVERDOSE REVERSAL DRUG WAS ADMINISTERED, AND IF SO,
THE NUMBER OF DOSES AND THE TYPE OF DELIVERY;
(IV) WHETHER THE CONFIRMED OR SUSPECTED OVERDOSE WAS FATAL OR
NONFATAL;
(V) THE GENDER AND APPROXIMATE AGE OF THE PERSON SUFFERING THE OVER-
DOSE INCIDENT; AND
(VI) THE SUSPECTED SUBSTANCE INVOLVED.
(I) A PERSON'S OR ENTITY'S REPORT OF INFORMATION ABOUT AN OVERDOSE
INCIDENT PURSUANT TO THIS SECTION SHALL NOT PREEMPT OR REPLACE ANY OTHER
REPORTING REQUIREMENT APPLICABLE TO SUCH PERSON OR ENTITY.
(J) DURING THE COURSE OF IMPLEMENTING THE OVERDOSE MAPPING AND
RESPONSE SYSTEM, THE DEPARTMENT:
(I) SHALL CONSULT WITH ALL AFFECTED ENTITIES, INCLUDING BUT NOT LIMIT-
ED TO, LAW ENFORCEMENT AGENCIES, HEALTH CARE PROVIDERS, EMERGENCY
MANAGEMENT, EMERGENCY SERVICE PROVIDERS, PUBLIC HEALTH AGENCIES, CORON-
ERS AND MEDICAL EXAMINERS, TRIBAL AUTHORITIES, STATE DRUG COURT JUDGES,
AND FEDERAL AND STATE PROSECUTORS;
(II) SHALL ENTER INTO, OR DIRECT OTHER STATE, COUNTY OR LOCAL ENTITIES
TO ENTER INTO, ALL PARTICIPATION AGREEMENTS, DATA SHARING AGREEMENTS,
AND OTHER MEMORANDA OF UNDERSTANDING NECESSARY TO FULLY IMPLEMENT THE
OVERDOSE MAPPING AND RESPONSE SYSTEM; AND
S. 5128--B 5
(III) MAY PROMULGATE RULES, REGULATIONS, OR STANDARD OPERATING PROCE-
DURES NECESSARY TO CARRY OUT THE REQUIREMENTS OF THIS SECTION.
(K) PERSONS OR ENTITIES REPORTING INFORMATION ABOUT AN OVERDOSE INCI-
DENT PURSUANT TO THIS SECTION IN GOOD FAITH SHALL NOT BE SUBJECT TO
CIVIL OR CRIMINAL LIABILITY OR DAMAGES FOR MAKING THE REPORT, UNLESS
THEIR ACTS OR OMISSIONS CONSTITUTE WILLFUL AND WANTON MISCONDUCT.
(L) THE FAILURE OF A PERSON IDENTIFIED IN PARAGRAPH (E), (F) OR (G) OF
THIS SUBDIVISION TO REPORT INFORMATION ABOUT AN OVERDOSE INCIDENT AS
REQUIRED BY THIS SECTION CONSTITUTES A FORM OF UNPROFESSIONAL CONDUCT,
AND THE DEPARTMENT MAY REFER MATTERS OF NON-COMPLIANCE TO THE APPROPRI-
ATE LICENSING BOARD FOR INVESTIGATION.
(M) THE DEPARTMENT SHALL REPORT TO THE LEGISLATURE REGARDING THE
STATUS OF OVERDOSE MAPPING AND RESPONSE SYSTEM IMPLEMENTATION AT SIX
MONTHS, EIGHTEEN MONTHS, AND THIRTY MONTHS AFTER THE EFFECTIVE DATE OF
THIS SECTION. THE REPORT AT THIRTY MONTHS SHALL NOT BE REQUIRED IF
STATEWIDE ADOPTION, AS REFERENCED IN PARAGRAPH (C) OF THIS SUBDIVISION,
IS ATTAINED PRIOR TO THE EIGHTEEN-MONTH REPORT.
3. USING THE OVERDOSE MAPPING AND RESPONSE SYSTEM. (A) THE INFORMATION
ABOUT OVERDOSE INCIDENTS REPORTED PURSUANT TO THIS SECTION SHALL BE
AVAILABLE TO USERS OF THE INFORMATION TECHNOLOGY PLATFORM AUTHORIZED TO
VIEW THE DATA IN REAL TIME. THE PROCESS BY WHICH SUCH AUTHORIZED USERS
ARE DECIDED UPON AND DESIGNATED SHALL BE ADDRESSED IN ONE OR MORE OF THE
PARTICIPATION AGREEMENTS, DATA SHARING AGREEMENTS, AND MEMORANDA OF
UNDERSTANDING EXECUTED WHEN IMPLEMENTING THE OVERDOSE MAPPING AND
RESPONSE SYSTEM.
(B) WITHIN ONE YEAR OF THE ENACTMENT OF THIS SECTION, THE DEPARTMENT,
IN CONJUNCTION WITH STATE AND LOCAL LAW ENFORCEMENT AGENCIES AND LOCAL
PUBLIC HEALTH DEPARTMENTS, SHALL:
(I) IDENTIFY PARAMETERS FOR IDENTIFYING AN OVERDOSE SPIKE THROUGH THE
STATE; AND
(II) CREATE OVERDOSE SPIKE RESPONSE PLANS THAT COORDINATE THE RESPONSE
OF PUBLIC HEALTH, PUBLIC SAFETY, EMERGENCY MANAGEMENT, FIRST RESPONDERS,
COMMUNITY ORGANIZATIONS, HEALTH CARE PROVIDERS, AND THE MEDIA WITH THE
GOAL OF PREVENTING AND REDUCING THE HARM CAUSED BY OVERDOSE SPIKES.
(C) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, AND EACH
YEAR THEREAFTER, THE DEPARTMENT SHALL PREPARE A COMPREHENSIVE REPORT
REGARDING THE OVERDOSE MAPPING AND RESPONSE SYSTEM ESTABLISHED PURSUANT
TO THIS SECTION THAT IS DELIVERED TO OR IMMEDIATELY ACCESSIBLE BY:
(I) THE LEGISLATURE;
(II) STATE, COUNTY, AND LOCAL DEPARTMENTS OF HEALTH;
(III) THE OFFICE OF ADDICTION SERVICES AND SUPPORTS;
(IV) THE OFFICE OF CHILDREN AND FAMILY SERVICES; AND
(V) ANY OTHER STATE OR LOCAL AGENCY DESIGNATED BY LAW OR REGULATION.
(D) EACH REPORT REQUIRED UNDER PARAGRAPH (C) OF THIS SUBDIVISION SHALL
CONTAIN, AT A MINIMUM, THE FOLLOWING INFORMATION:
(I) THE NUMBER OF OVERDOSE INCIDENTS REPORTED AND THE APPROXIMATE
LOCATIONS WHERE THE OVERDOSE INCIDENTS OCCURRED, INCLUDING ANY CLUSTERS
OF OVERDOSE INCIDENTS;
(II) THE ENTITIES REPORTING, OR WHO EMPLOYED PERSONS REPORTING, INFOR-
MATION ABOUT OVERDOSE INCIDENTS;
(III) THE PERCENTAGE OF OVERDOSE INCIDENTS INVOLVING FATAL VERSUS
NONFATAL OVERDOSES; AND
(IV) HOW THE REPORTED INFORMATION ABOUT OVERDOSE INCIDENTS WAS USED
FOR PUBLIC HEALTH AND PUBLIC SAFETY RESPONSES, THE OUTCOMES OF SUCH
RESPONSES, AND THE IMPACT ON AFFECTED COMMUNITIES.
S. 5128--B 6
(E) IN ADDITION TO USING THE OVERDOSE MAPPING AND RESPONSE SYSTEM AS
REQUIRED IN PARAGRAPHS (B), (C) AND (D) OF THIS SUBDIVISION, THE DEPART-
MENT MAY USE SUCH SYSTEM TO:
(I) ESTABLISH PUBLIC SAFETY, PUBLIC HEALTH, AND BEHAVIORAL HEALTH
PARTNERSHIPS WITHIN THE STATE;
(II) ASSIST LOCAL COMMUNITIES TO IDENTIFY ADDITIONAL WAYS TO USE
INFORMATION ABOUT OVERDOSE INCIDENTS TO DEPLOY PUBLIC HEALTH, BEHAVIORAL
HEALTH, AND PUBLIC SAFETY INTERVENTIONS TO ADDRESS SPECIFIC GEOGRAPHIC
AREAS OR HIGH-RISK INDIVIDUALS;
(III) ASSIST IN THE DISTRIBUTION OF OVERDOSE REVERSAL DRUGS THROUGHOUT
THE STATE; AND
(IV) ASSIST IN IMPLEMENTING STRATEGIES TO REDUCE DRUG SUPPLY AND
DEMAND, ESPECIALLY IN HIGH-RISK AREAS AND WHERE THERE ARE HIGH VOLUMES
OF ELEVATED RISK POPULATIONS.
4. LIMITATIONS ON DATA USE. (A) INFORMATION ABOUT OVERDOSE INCIDENTS
REPORTED TO THE OVERDOSE MAPPING AND RESPONSE SYSTEM BY A PERSON OR
ENTITY OTHER THAN A LAW ENFORCEMENT OFFICER SHALL NOT BE SUBJECT TO
CRIMINAL INVESTIGATION.
(B) INFORMATION ABOUT OVERDOSE INCIDENTS REPORTED TO, AND ACCESSIBLE
THROUGH, THE OVERDOSE MAPPING AND RESPONSE SYSTEM SHALL AT ALL TIMES
REMAIN CONFIDENTIAL PURSUANT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL
LAWS AND REGULATIONS PERTAINING TO THE COLLECTION, STORAGE, AND DISSEM-
INATION OF PROTECTED HEALTH INFORMATION AND CONTROLLED UNCLASSIFIED
INFORMATION.
5. FINANCIAL CONSIDERATIONS. (A) MONEYS SHALL BE ALLOCATED FOR THE
PURPOSE OF FUNDING, IN WHOLE OR IN PART, THE INITIAL START-UP AND ONGO-
ING ACTIVITIES REQUIRED BY THIS SECTION THROUGH THE USE OF FUNDS MADE
AVAILABLE FROM THE OPIOID SETTLEMENT FUND ESTABLISHED PURSUANT TO
SECTION NINETY-NINE-NN OF THE STATE FINANCE LAW.
(B) THE DEPARTMENT SHALL PURSUE ALL FEDERAL FUNDING, MATCHING FUNDS,
AND FOUNDATION FUNDING FOR THE INITIAL START-UP AND ONGOING ACTIVITIES
REQUIRED BY THIS SECTION.
(C) THE DEPARTMENT MAY RECEIVE SUCH GIFTS, GRANTS, AND ENDOWMENTS FROM
PUBLIC OR PRIVATE SOURCES AS MAY BE MADE FROM TIME TO TIME, IN TRUST OR
OTHERWISE, FOR THE USE AND BENEFIT OF THE PURPOSES OF THIS SECTION AND
EXPEND THE SAME OR ANY INCOME DERIVED FROM IT ACCORDING TO THE TERM OF
SUCH GIFTS, GRANTS, OR ENDOWMENTS.
§ 4. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 5. This act shall take effect immediately.
