What's happening
This bill prohibits supervised injection sites in New York and penalizes professionals involved in their operation.
Why it matters
Defines “supervised injection sites” broadly,. including any facility where individuals are permitted to use controlled substances under medical supervision, but specifically exempts state-certified opioid treatment and substance abuse programs—meaning traditional addiction treatment centers are not affected.
Makes it explicitly illegal to own, operate, work, or volunteer at a supervised injection site,. targeting not just the organizations but also individual staff and volunteers, which could deter health professionals from involvement in harm reduction efforts.
Adds violations related to supervised injection sites as grounds for disciplinary action or loss of professional licenses. for healthcare workers under New York’s education law, which could have a chilling effect on medical professionals considering participation in or support of such programs.
Signals a strong policy stance against harm reduction strategies like supervised injection sites,. potentially influencing public health approaches to drug use, overdose prevention, and the broader conversation about how to address the opioid crisis in New York.
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Who cares
Headline styles
Ban Supervised Injection Sites
Plain English, a few words. Used as the page title.
Sponsors
History
- Notice of committee consideration - requested
- 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.
Ban Supervised Injection Sites
In Assembly Committee · Health · Sponsor Nicole Malliotakis
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
550
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. AKSHAR, GALLIVAN, O'MARA, ORTT, ROBACH -- 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 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05173-01-9
S. 550 2
§ 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]
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 comN4qyin 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
S8975 of 2018: Referred to Rules
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.