Bill Text: NY S01940 | 2021-2022 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HEALTH [S01940 Detail]

Download: New_York-2021-S01940-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1940

                               2021-2022 Regular Sessions

                    IN SENATE

                                    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:

     1    Section 1. Section 3302 of the public health law is amended by  adding
     2  a new subdivision 44 to read as follows:
     3    44.  (a)  "Supervised  injection site" means a facility or institution
     4  that:
     5    (i) allows addicts, ultimate users or other individuals to possess and
     6  use controlled substances; or
     7    (ii) allows  a  practitioner  to  dispense  or  administer  controlled
     8  substances to addicts, ultimate users or other individuals; and
     9    (iii)  is  supervised by trained medical personnel such as physicians,
    10  physicians  assistants,  nurses,  nurse  practitioners,   psychologists,
    11  social  workers,  mental  health  counselors  or  other  trained medical
    12  professionals as defined in title eight of the education law.
    13    (b) Supervised injection site shall not include:
    14    (i) an opioid treatment program; or
    15    (ii) a substance abuse program, chemical dependence services  program,
    16  or  behavioral  health  services  program certified, licensed, funded or
    17  operated by the office of alcoholism and substance abuse services.
    18    § 2. The public health law is amended by adding a new section 3395  to
    19  read as follows:
    20    §  3395. Supervised injection sites unlawful. It shall be unlawful for
    21  any person to own,  operate,  work  in  or  volunteer  at  a  supervised
    22  injection site.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04202-01-1
        S. 1940                             2

     1    § 3. Subdivisions 5 and 6 of section 3390 of the public health law, as
     2  added by chapter 878 of the laws of 1972, are amended and a new subdivi-
     3  sion 7 is added to read as follows:
     4    5.   failed   to  maintain  effective  control  against  diversion  of
     5  controlled substances; [or]
     6    6. wilfully and unreasonably refused to permit an  inspection  author-
     7  ized by this article[.]; or
     8    7. wilfully owned or operated a supervised injection site.
     9    §  4.  Section  6530  of  the education law is amended by adding a new
    10  subdivision 51 to read as follows:
    11    51. A violation of section thirty-three  hundred  ninety-five  of  the
    12  public health law by a professional.
    13    § 5. This act shall take effect immediately.