NY State Senate Bill 2025-S7617

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 23, 2025	referred to health

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2025-S7617 (ACTIVE) - Details

See Assembly Version of this Bill:: A4916
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 33-C §§3399 - 3399-e, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8809, A8534
2019-2020: S498, A60
2021-2022: S603, A224
2023-2024: S399, A338

2025-S7617 (ACTIVE) - Summary

Enacts the safer consumption services act which provides for the establishment of a program to provide safe injection sites.

2025-S7617 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7617

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to enacting the safer
consumption services act

 
PURPOSE:

This bill relates to the enactment of the Safer Consumption Service Act.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 creates a new Article 33-C titled the "Safer Consumption
Services Act" and adds a new section 3399 and subsections 3399-a through
3399-e of the Public Health Law.

Section 3399-a sets the definitions for "program", "entity", and
"participant", to be an individual seeking to utilize, utilizing, or
that has utilized the program established.

Section 3399-b outlines program approval, which allows DOH to approve a
program in one or more jurisdictions as long as they meet the minimum
safety and service requirements under subdivision 2 of this section.

Subdivision 2 allows DOH to approve an entity to operate a program if
their application demonstrates that the entity would fulfill at least
the following in subparagraphs (a) through (I), as explicitly defined.

Section 3399-c outlines designation, where a DOH approved program must
also be designated as an "Authorized Syringe Exchange Program," as set
forth in 10 NYCRR 80.135, and for authorization to be a registered
provider in the Opioid Overdose Prevention Program, as set forth in
10.NYCRR 80.138.

Section 3399-d outlines reporting, where an entity who operates an over-
dose prevention center program would be required to provide an annual
report to DOH with a deadline set by DOH. Information that should be on
the report is outlined in paragraphs 1 through 5 as follows:

1. The number of program participants;

2. Collective 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 intervened on-site, along
with the outcomes; and

5. Referrals to other services and the type of service.

Section 3399-e establishes immunity protections for participants, staff
and property owners to ensure someone will not be arrested, charged,
prosecuted criminally, or subjected to civil or administrative penalties
solely for participation/involvement in an overdose prevention center

program, so long as such participation/involvement was deemed in good
faith and in accordance with established protocols.

Section 2 provides that this act would take effect immediately.

 
JUSTIFICATION:

Overdose prevention centers (OPCs) have been an essential tool across
the world for reducing the risk of an overdose or other harmful effects
associated with a substance abuse disorder. The reduction in risk is
accomplished by having direct access to medical care, addiction
services, and social support. OPCs are more than a safe place for people
to use. Many of them offer a number of services such as health screen-
ings, a place to sleep, and testing the safety of whichever substance a
person is planning on using. With the number of services offered, OPCs
provide a general safe space for people and critically, are an environ-
ment where the stigma for substance abuse is minimized and the health
and safety of users prioritized.

OPCs serve a dual role in the community and are proven methods to
prevent overdoses. In NYC alone, two sites have seen over a thousand
overdose interventions since their launch in November 2021. When these
centers are used, they work as intended and in their limited applica-
tions so far, have proven their demand in communities.  Oftentimes,
concerns and fears are raised that these centers would present a safety
risk on the streets, but the two sites that are being tested in NYC were
able to collect about 2,500,000 units of hazardous waste, the streets
are clean and safe, and studies have shown no increase in dangerous
crime. The benefits to these neighborhoods are quantified and can be
expanded if only the fear of using them and being punished doesn't
remain prevalent.

Therefore, it is important to have protections from criminal prosecution
in place for people who decide to participate in these programs. More-
over, community outreach is quintessential for the effective implementa-
tion and use of OPCs. These locations don't just exist as an option
within communities but must be able to work cooperatively with them so
that all community members, whether impacted by substance abuse or not,
are able to see a good faith solution be implemented to mitigate the
opioid crisis in New York State and similar substance-related public
health issues.

Individuals who have used the services provided tend to be individuals
of racial and ethnic minorities, who do not have stable housing, who are
already at a higher exposure to the criminal justice system, and who are
struggling from a lack of resources. OPCs can serve as a means to not
just prevent death, but provide a new start.

 
LEGISLATIVE HISTORY:

2017-2018: S8809/A8534 Rosenthal L

2019-2020: S498/A60 Rosenthal L

2021-2022: S603/A224 Rosenthal L

2023-2024: S399-B/A338-A Rosenthal L

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S7617 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7617
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2025
                                ___________
 
 Introduced  by  Sens.  RIVERA,  BAILEY, BRISPORT, BROUK, CLEARE, COMRIE,
   COONEY, FERNANDEZ, GIANARIS,  GONZALEZ,  HARCKHAM,  HINCHEY,  JACKSON,
   KRUEGER,  LIU, MAY, MYRIE, PARKER, RAMOS, SALAZAR, SANDERS, SEPULVEDA,
   SERRANO, WEBB -- read twice and ordered printed, and when  printed  to
   be committed 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-C to read as follows:
                               ARTICLE 33-C
                      SAFER CONSUMPTION SERVICES ACT
 SECTION 3399.   SHORT TITLE.
         3399-A. DEFINITIONS.
         3399-B. PROGRAM APPROVAL.
         3399-C. DESIGNATION.
         3399-D. REPORTING.
         3399-E. IMMUNITY PROVIDED.
   §  3399.  SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE
 "SAFER CONSUMPTION SERVICES ACT".
   § 3399-A. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "PROGRAM" MEANS AN OVERDOSE PREVENTION CENTER  PROGRAM  ESTABLISHED
 PURSUANT TO THIS ARTICLE.
   2.  "ENTITY" MEANS ANY COMMUNITY-BASED ORGANIZATION THAT IS AN AUTHOR-
 IZED SYRINGE EXCHANGE PROGRAM IN ACCORDANCE WITH THE REGULATIONS OF  THE
 DEPARTMENT  WHICH PROVIDES EDUCATIONAL, HEALTH, HARM REDUCTION, HOUSING,
 OR SOCIAL SERVICES AND ANY HOSPITAL, MEDICAL CLINIC  OR  OFFICE,  HEALTH
 CENTER,  NURSING CARE FACILITY, 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.
                                                            LBD02284-01-5
 S. 7617                             2

 
   3. "PARTICIPANT" MEANS AN INDIVIDUAL WHO SEEKS TO  UTILIZE,  UTILIZES,
 OR HAS USED A PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE.
   §  3399-B. PROGRAM APPROVAL. 1. NOTWITHSTANDING ANY OTHER STATUTE, LAW
 OR RULE TO THE CONTRARY, THE DEPARTMENT MAY APPROVE AN ENTITY TO OPERATE
 A PROGRAM IN ONE OR MORE JURISDICTIONS UPON SATISFACTION OF THE REQUIRE-
 MENTS SET FORTH IN SUBDIVISION TWO OF THIS SECTION. THE DEPARTMENT 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 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 MAY APPROVE AN ENTITY TO OPERATE A PROGRAM PURSUANT
 TO THIS ARTICLE, UPON SUBMISSION OF AN APPLICATION 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 SERVICES;
   (B) PROVIDE ADEQUATE STAFFING BY  HEALTHCARE  PROFESSIONALS  OR  OTHER
 TRAINED STAFF;
   (C)  PROVIDE STERILE INJECTION AND OTHER CONSUMPTION SUPPLIES, COLLECT
 USED HYPODERMIC NEEDLES AND  SYRINGES,  AND  PROVIDE  SECURE  HYPODERMIC
 NEEDLE AND SYRINGE DISPOSAL SERVICES;
   (D)  PROVIDE EDUCATION ON SAFER 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;
   (E) ADMINISTER FIRST AID, IF  NEEDED,  AND  MONITOR  PARTICIPANTS  FOR
 POTENTIAL OVERDOSE;
   (F)  PROVIDE  REFERRALS  TO SUBSTANCE USE DISORDER 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; AND
   (L) ESTABLISH OPERATING PROCEDURES FOR THE PROGRAM AS WELL  AS  ELIGI-
 BILITY CRITERIA FOR PROGRAM PARTICIPANTS.
   §  3399-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.
   § 3399-D. REPORTING. AN ENTITY OPERATING AN OVERDOSE PREVENTION CENTER
 PROGRAM UNDER THIS ARTICLE SHALL PROVIDE AN ANNUAL REPORT TO THE DEPART-
 MENT AT A DATE SET BY THE DEPARTMENT THAT SHALL INCLUDE:
   1. THE NUMBER OF PROGRAM PARTICIPANTS;
 S. 7617                             3

   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, THE NUMBER OF OVERDOSES INTER-
 VENED ON-SITE, AND THE OUTCOMES; AND
   5. THE NUMBER OF INDIVIDUALS DIRECTLY AND FORMALLY REFERRED  TO  OTHER
 SERVICES AND THE TYPE OF SERVICE.
   § 3399-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 AN OVERDOSE PREVENTION CENTER PROGRAM APPROVED BY  THE
 DEPARTMENT  SO  LONG  AS  SUCH  PARTICIPATION OR INVOLVEMENT WAS IN GOOD
 FAITH AND IN ACCORDANCE WITH  ESTABLISHED  PROTOCOLS  PURSUANT  TO  THIS
 ARTICLE:
   1. A PARTICIPANT;
   2.  A  STAFF MEMBER OR ADMINISTRATOR OF A PROGRAM, INCLUDING A HEALTH-
 CARE PROFESSIONAL, MANAGER, EMPLOYEE, BOARD MEMBER, DIRECTOR, OR  VOLUN-
 TEER; OR
   3.  A  PROPERTY  OWNER WHO OWNS PROPERTY AT WHICH A PROGRAM IS LOCATED
 AND OPERATES.
   § 2. This act shall take effect immediately.

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Senate Bill S7617

Sponsored By

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

2025-S7617 (ACTIVE) - Details

2025-S7617 (ACTIVE) - Summary

2025-S7617 (ACTIVE) - Sponsor Memo

2025-S7617 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7617

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Sponsored By

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

2025-S7617 (ACTIVE) - Details

2025-S7617 (ACTIVE) - Summary

2025-S7617 (ACTIVE) - Sponsor Memo

2025-S7617 (ACTIVE) - Bill Text download pdf

Comments