What's happening
This bill prohibits the operation, employment, or volunteering at supervised injection sites in New York State.
Why it matters
Criminalizes involvement with supervised injection sites. The bill makes it illegal to own, operate, work in, or volunteer at any supervised injection site, potentially deterring harm reduction strategies that some public health experts support to reduce overdose deaths.
Defines “supervised injection site” narrowly. The legislation specifically excludes traditional opioid treatment programs and other certified addiction services, targeting only facilities where individuals are allowed to use controlled substances under medical supervision.
Introduces new professional penalties. Healthcare or other licensed professionals found in violation (e.g., by working at such a site) would face disciplinary action, which could threaten their licenses and careers, intensifying the risks for medical personnel considering harm reduction work.
Expands grounds for license revocation. The bill adds operation of a supervised injection site as a new reason for revoking a controlled substances license, impacting both organizations and individuals who might otherwise consider supporting or participating in such facilities.
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Who cares
Headline styles
Ban Supervised Injection Sites
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to rules
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8975
IN SENATE
June 8, 2018
Introduced by Sen. AKSHAR -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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 Assembly, 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 3398 to read as follows:
§ 3398. Supervised injection sites unlawful. It shall be unlawful for any person to own, operate, work in or volunteer at a supervised injection site.
§ 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 subdivision 7 is added to read as follows:
5. failed to maintain effective control against diversion of controlled substances; [or]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16257-01-8
S. 8975 2
6. wilfully and unreasonably refused to permit an inspection authorized 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 50 to read as follows:
50. A violation of section thirty-three hundred ninety-eight of the public health law by a professional.
§ 5. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law and the educa- tion 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 get those suffering from a substance use disorder get the treatment they need or benefit the community in which they are located.
A 2010 analysis of injection sites in Australia found that "the 7% 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
New Bill
Fiscal implications
None.
Effective date
This act shall take effect on immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.