What's happening
This bill allows the creation of state-approved safer consumption sites where people can use pre-obtained drugs under supervision, with legal immunity for participants and staff.
Why it matters
This bill aims to reduce overdose deaths and disease transmission by creating a tightly regulated environment for drug consumption. , requiring participating organizations to provide not only a hygienic space but also sterile supplies, overdose monitoring, and immediate first aid—shifting the response to drug use from criminalization toward public health.
Participants and staff are protected from arrest and prosecution solely for their involvement in these programs. , which may encourage people who use drugs—and those who work with them—to seek help and participate openly, without fear of legal repercussions.
Programs must offer comprehensive harm reduction and health services. (including HIV/hepatitis education, sexual health resources, and referrals to addiction treatment, medical care, and social services), potentially serving as a bridge to treatment and support for individuals who may otherwise be disconnected from the healthcare system.
Annual data reporting requirements increase transparency and accountability. , mandating disclosure of usage statistics, overdose reversals, and referrals, which can inform public health strategies and help policymakers assess the effectiveness and community impact of safer consumption sites.
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Who cares
Headline styles
Allow Safe Drug Consumption Sites
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 Safe Drug Use Sites
In Assembly Committee · Health · Sponsor Linda Rosenthal
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
498
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. RIVERA -- 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 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
SAFER CONSUMPTION SERVICES 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 "safer consumption services act".
§ 3398-a. Definitions. As used in this article:
1. "Program" means a safer consumption services program established pursuant to this article.
2. "Entity" means any community based organization that 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.
3. "Participant" means an individual who seeks to utilize, utilizes, 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.
LBD01838-01-9
S. 498 2
§ 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 and local health jurisdictions 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 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 or local health district 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 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, and provide secure hypodermic needle and syringe disposal services;
(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;
(f) provide referrals to 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 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 anonymous unique identifier;
(k) train staff members to deliver services offered by the program or attend trainings provided by the department or local health jurisdiction if required; and
(l) establish operating procedures for the program as well as eligibility criteria for program participants if not predetermined by the department or local health district.
§ 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. A safer consumption 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.
S. 498 3
§ 3398-d. Reporting. An entity operating a safer consumption program under this section shall provide an annual report to the department 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; and
5. the number of individuals directly and formally referred to other services and the type of service.
§ 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 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 safer consumption 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 healthcare 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 a safer consumption services program is not immune from criminal prosecution for any activities not permitted or approved pursuant to this article.
§ 2. 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, in relation to enacting the safer consumption services act
Purpose
This bill relates to the enactment of the Safer Consumption Services Act.
Summary of specific provisions
Section one amends the Public Health law by adding a new article 33-B.
Section two sets forth the effective date.
Justification
Over the past decade, opioid abuse has reached epidemic levels in the United States. The Substance Abuse and Mental Health Services Adminis- tration (SAMHSA) estimates that over 2 million Americans are dependent on opioids, and that more Americans now use prescription painkillers than tobacco. New York State has been particularly hard hit by this epidemic. In 2014, over one thousand New Yorkers died from opioid over- doses-nearly four times the number of opioid overdose deaths recorded in 2005. Hospitals across New York State had over 37,000 opioid-related outpatient visits and over 75,000 opioid-related inpatient admissions in 2014.
A study by the Injection Drug Users Health Alliance (IDUHA) found that 46c. of intravenous drug users inject in public places, such as parks or subways, and 60 of users inject in public places, such as public bath- rooms. Improperly discarded syringes can pose health risks, and opiod use is correlated with higher rates of HIV/AIDS, Hepatitis C, as well as negative public health outcomes.
This bill will reduce overdose deaths associated with opioid use and the dangers to the public caused by public IV drug use by authorizing the New York State Department of Health and local health jurisdictions to establish and operate safer consumption services programs-spaces where individuals can use pre-obtained drugs under the supervision of medical professionals. Staff members of these programs will provide sterile injection supplies, collect used hypodermic needles and syringes, and teach patients about safe consumption practices. Patients will also be able to access referrals to addiction treatment, job training, and other social services.
There are approximately 100 similar programs operating in at least 66 cities in nine countries, including Germany, Spain, and Canada. Seattle is in the process of establishing a safer consumption program, and other states, including Maine and Maryland, have introduced similar legis- lation. The first and only safer consumption program in North American opened in Vancouver in 2003. Since then, the program has had roughly 3.5 million visitors; staff members have intervened in roughly 5,000 over- doses and no one has died at the facility.
Legislative history
2017-2018: S8809
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.