STATE OF NEW YORK ________________________________________________________________________ 603 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sens. RIVERA, HOYLMAN, SALAZAR, SEPULVEDA -- 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: 1 Section 1. The public health law is amended by adding a new article 2 33-C to read as follows: 3 ARTICLE 33-C 4 SAFER CONSUMPTION SERVICES ACT 5 Section 3399. Short title. 6 3399-a. Definitions. 7 3399-b. Program approval. 8 3399-c. Designation. 9 3399-d. Reporting. 10 3399-e. Immunity provided. 11 3399-f. Limitations on immunity. 12 § 3399. Short title. This act shall be known and may be cited as the 13 "safer consumption services act". 14 § 3399-a. Definitions. As used in this article: 15 1. "Program" means a safer consumption services program established 16 pursuant to this article. 17 2. "Entity" means any community based organization that provides 18 educational, health, harm reduction, housing, or social services and any 19 hospital, medical clinic or office, health center, nursing care facili- 20 ty, mental health facility, or other similar entity that provides 21 medical care. 22 3. "Participant" means an individual who seeks to utilize, utilizes, 23 or has used a program established pursuant to this article. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00322-01-1S. 603 2 1 § 3399-b. Program approval. 1. Notwithstanding any other statute, law 2 or rule to the contrary, the department or a local health district may 3 approve an entity to operate a program in one or more jurisdictions upon 4 satisfaction of the requirements set forth in subdivision two of this 5 section. The department and local health jurisdictions shall establish 6 standards for program approval and training and may promulgate such 7 rules and regulations as are necessary to implement this section. 8 (a) The department or a local health district shall approve or deny an 9 application under this section within forty-five days of the day of 10 receipt of the application and provide a written explanation of such 11 determination. 12 (b) An entity may make an application under this section at any time, 13 regardless of previous applications. 14 2. The department or local health district may approve an entity to 15 operate a program pursuant to this article, upon submission of an appli- 16 cation that demonstrates the entity will, at a minimum: 17 (a) provide a hygienic space where participants may consume their 18 preobtained drugs that is separate from the space in which the provider 19 performs other business, if any; 20 (b) provide adequate staffing by healthcare professionals or other 21 trained staff; 22 (c) provide sterile injection supplies, collect used hypodermic 23 needles and syringes, and provide secure hypodermic needle and syringe 24 disposal services; 25 (d) provide education on safe consumption practices, proper disposal 26 of hypodermic needles and syringes, and overdose prevention, including 27 written information in, at a minimum, the four most commonly spoken 28 languages in the state as determined by the department or local health 29 district; 30 (e) administer first aid, if needed, and monitor participants for 31 potential overdose; 32 (f) provide referrals to addiction treatment, medical, social welfare, 33 and employment and training services; 34 (g) educate participants on the risks of contracting HIV and viral 35 hepatitis and provide sexual health resources and supplies, including, 36 but not limited to, male and female condoms; 37 (h) provide access to naloxone or referrals to obtain naloxone for 38 participants; 39 (i) provide reasonable and adequate security of the program site and 40 equipment; 41 (j) ensure confidentiality of program participants by using an anony- 42 mous unique identifier; 43 (k) train staff members to deliver services offered by the program or 44 attend trainings provided by the department or local health jurisdiction 45 if required; and 46 (l) establish operating procedures for the program as well as eligi- 47 bility criteria for program participants if not predetermined by the 48 department or local health district. 49 § 3399-c. Designation. A department approved program shall also be 50 designated as an authorized syringe exchange program in accordance with 51 the regulations of the department as set forth in 10 NYCRR 80.135 and as 52 a registered provider of an opioid overdose prevention program in 53 accordance with the regulations of the department as set forth in 10 54 NYCRR 80.138. A safer consumption program approved by a local health 55 district shall apply to be an authorized syringe exchange program and 56 registered provider of an opioid overdose prevention program.S. 603 3 1 § 3399-d. Reporting. An entity operating a safer consumption program 2 under this section shall provide an annual report to the department or 3 local health district that approved it for operation at a date set by 4 the department or local health district that shall include: 5 1. the number of program participants; 6 2. aggregate information regarding the characteristics of program 7 participants; 8 3. the number of hypodermic needles and syringes distributed for use 9 on-site; 10 4. the number of overdoses experienced and the number of overdoses 11 reversed on-site; and 12 5. the number of individuals directly and formally referred to other 13 services and the type of service. 14 § 3399-e. Immunity provided. Notwithstanding any other statute, law or 15 rule to the contrary, the following persons shall not be arrested, 16 charged, or prosecuted for any criminal offense or be subject to any 17 civil or administrative penalty, including seizure or forfeiture of 18 assets or real property or disciplinary action by a professional licens- 19 ing board, or be denied any right or privilege, solely for participation 20 or involvement in a safer consumption program approved by the department 21 or local health districts pursuant to this article: 22 1. a participant; 23 2. a staff member or administrator of a program, including a health- 24 care professional, manager, employee, or volunteer; or 25 3. a property owner who owns real property at which a program is 26 located and operates. 27 § 3399-f. Limitations on immunity. Notwithstanding the provisions of 28 section thirty-three hundred ninety-nine-e of this article, a property 29 owner, staff member, manager, employee, volunteer, or individual utiliz- 30 ing a safer consumption services program is not immune from criminal 31 prosecution for any activities not permitted or approved pursuant to 32 this article. 33 § 2. This act shall take effect immediately.