What's happening
This bill authorizes overdose prevention centers in select New York locations, providing legal immunity for participants and staff, with specific operational requirements and reporting.
Why it matters
Creates a controlled pilot for overdose prevention centers. in only specific locations (Ithaca, Manhattan, Brooklyn, the Bronx), designed to evaluate the public health impact and gather data on such services in New York State.
Mandates comprehensive harm reduction services. at these centers, including safe spaces for drug consumption, on-site medical staff, distribution and disposal of sterile injection supplies, overdose reversal tools (like naloxone), and referrals to addiction treatment and social services—aiming to reduce disease transmission and overdose deaths.
Provides broad legal protections. for participants, staff, and property owners involved in approved programs, shielding them from arrest, prosecution, and civil penalties, which removes major barriers to participation and operation.
Requires extensive transparency and accountability. , obliging programs to report annually on participant numbers, overdose incidents, service referrals, and other operational data; also establishes “good neighbor” policies to address community concerns and facilitate communication with local stakeholders.
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Who cares
Community-based nonprofits in Ithaca, Manhattan, Brooklyn and the Bronx
Eligible organizations could seek approval to operate overdose prevention centers, subject to staffing, safety, referral and annual reporting requirements.
People who use drugs
Approved centers would offer space to consume pre-obtained drugs, sterile supplies, drug self-testing and overdose response, with confidentiality protections and immunity solely for program participation.
State Department of Health and local health districts
They would set approval and training standards and approve or deny applications within 45 days with a written explanation.
Center staff and property owners
The bill would protect them from criminal, civil, administrative and professional licensing penalties solely for involvement in an approved program, but not for activities outside its authorization.
Headline styles
Allow Overdose Prevention Centers
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Overdose Prevention Centers
In Senate Committee · Health · Sponsor Gustavo Rivera
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7813
2019-2020 Regular Sessions
IN ASSEMBLY
May 23, 2019
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to enacting the overdose prevention centers act; and providing for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The public health law is amended by adding a new article 33-B to read as follows:
ARTICLE 33-B
OVERDOSE PREVENTION CENTERS ACT Section 3398. Short title.
3398-a. Definitions.
3398-b. Program approval.
3398-c. Designation.
3398-d. Reporting.
3398-e. Immunity provided.
3398-f. Limitations on immunity.
§ 3398. Short title. This act shall be known and may be cited as the "overdose prevention centers act".
§ 3398-a. Definitions. As used in this article:
1. "Program" means an overdose prevention centers program established pursuant to this article that is authorized to evaluate and test the public health impact of overdose prevention center services within a jurisdiction.
2. "Entity" means a not-for-profit, community based organization that is approved to provide educational, health, harm reduction, housing, syringe exchange or social services.
3. "Jurisdiction" means any entity operating at a location approved by the department or local health district in the city of Ithaca or in the boroughs of Manhattan, Brooklyn or the Bronx in the city of New York.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11255-06-9
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4. "Participant" means an individual who seeks to utilize, utilizes, or has used a program established pursuant to this article.
§ 3398-b. Program approval. 1. Notwithstanding any other statute, law or rule to the contrary, the department or a local health district may approve an entity to operate a program in one or more jurisdictions upon satisfaction of the requirements set forth in subdivision two of this section. The department or a local health district 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 or a local health district in a jurisdiction 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 in a jurisdiction may make an application under this section at any time, regardless of previous applications.
2. The department or local health district may approve an entity to operate a program in a jurisdiction 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 pre-obtained drugs that is separate from the space in which the entity performs other business, if any;
(b) provide adequate staffing by healthcare professionals or other trained staff;
(c) provide sterile injection supplies, collect used hypodermic needles and syringes, provide secure hypodermic needle and syringe disposal services, and provide the ability to self-test the composition of pre-obtained drugs;
(d) provide education on safe 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 or local health district;
(e) administer first aid, if needed, and monitor participants for potential overdose, including the administration of naloxone by an appropriately trained or credentialed staff member of the program, which may include, but is not limited to a registered nurse pursuant to section sixty-nine hundred nine of the education law;
(f) provide referrals to OASAS licensed and certified providers, established harm reduction programs, addiction 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 to equivalent treatments, or referrals to obtain naloxone or such equivalent treatments, for participants;
(i) provide reasonable and adequate security of the program site and equipment;
(j) ensure confidentiality of program participants by using an anonymous unique identifier, unless participants provide appropriate consent;
(k) train staff members to deliver services offered by the program or attend trainings provided by the department or local health district if required;
(l) establish and make available to the public operating procedures for the program, including but not limited to the standard hours of operation, a minimum number of personnel required to be on-site during
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those hours of operation, the licensing and training standards for staff present, an established maximum number of individuals who can be served at one time and an established relationship with the nearest emergency department of a general acute care hospital, as well as eligibility criteria for program participants if not predetermined by the department or local health district.
(m) establish a good neighbor policy that facilitates communication from and to local businesses and residences, to the extent they exist, to address any neighborhood concerns and complaints; and
(n) establish a policy for informing local government officials and neighbors about the approved entity's complaint procedures, and the contact number of the director, manager, or operator of the approved entity.
§ 3398-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. An overdose prevention center program approved by a local health district shall apply to be an authorized syringe exchange program and registered provider of an opioid overdose prevention program.
§ 3398-d. Reporting. An entity operating an overdose prevention center program under this section shall provide an annual report to the temporary president of the senate, the speaker of the assembly and the department and/or local health district that approved it for operation at a date set by the department or local health district that shall include:
1. the number of program participants;
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 and the number of overdoses reversed on-site;
5. the number of individuals directly and formally referred to other services and the type of service; and
6. any other information requested by the department or local health district in furtherance of its public health and safety authority.
§ 3398-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, including for attempt, aiding and abetting, or conspiracy, or be subject to any civil or administrative penalty, including seizure or forfeiture of assets or real property or disciplinary action by a professional licensing board, or be denied any right or privilege, solely for participation or involvement in a program approved by the department or local health districts pursuant to this article:
1. a participant;
2. a staff member or administrator of a program, including a health care professional, manager, employee, or volunteer; or
3. a property owner who owns real property at which a program is located and operates.
§ 3398-f. Limitations on immunity. Notwithstanding the provisions of section thirty-three hundred ninety-eight-e of this article, a property owner, staff member, manager, employee, volunteer, or individual utilizing an overdose prevention center program is not immune from criminal
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prosecution for any activities not permitted or approved pursuant to this article.
§ 2. This act shall take effect immediately and shall expire and be deemed repealed December 31, 2021.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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