BILL NUMBER: S399B
SPONSOR: RIVERA
 
TITLE OF BILL:
An act to amend the public health law, in relation to enacting the safer
consumption services pilot program act
 
PURPOSE:
This bill relates to the enactment of the Safer Consumption Services
Pilot Program Act.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 3389 subdivisions a-f of the Public Health Law.
Subdivision a amends the definition for "program" to be an overdose
prevention center pilot program instead of safer consumption services;
"entity" to be any community-based organization that is an authorized
syringe exchange program, in accordance with the regulations of the
Department of Health, which 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; and "participant" to
be an individual seeking to utilize, utilizing, or that has utilized the
program established.
Program approval would be authorized under the Department of Health
(DOH) to establish a five-year Safer Consumption Services Pilot Program
for the operation of ten overdose prevention centers throughout the
state, and DOH would approve or deny applications after consultation
with the relevant municipality or community board in which the entity is
located. DOH would notify any state or local elected representative of
the program applicant. If a submission demonstrates the entity will meet
the requirements listed, it will be co-located with a current DOH-au-
thorized syringe exchange program, and be a provider of an opioid over-
dose prevention program, and any other parameters as determined by DOH.
Each entity would be required to have a community advisory board with at
least five members, selected by the entity and representative of the
community and geographic areas of which the entity serves, and one
member may be an individual with lived experience or a participant of
the program. The entity would be required to fulfill responsibilities to
inform and engage local governments and the community, and be required
to submit an annual report to DOH that would be posted on DOH's website
Lastly, it would provide protections from criminal charges and immunity
for those participating or involved in the program for the aforemen-
tioned authorized activities.
Section 2 provides an effective date.
 
JUSTIFICATION:
Overdose prevention centers (OPCs) have been an essential tool across
the world for reducing the risk of an overdose or other harmful effects
associated with a substance abuse disorder. The reduction in risk is
accomplished by having direct access to medical care, addiction
services, and social support. OPCs are more than a safe place for people
to use. Many of them offer a number of services such as health screen-
ings, a place to sleep, and testing the safety of whichever substance a
person is planning on using. With the number of services offered, OPCs
provide a general safe space for people and critically, are an environ-
ment where the stigma for substance abuse is minimized and the health
and safety of users prioritized.
OPCs serve a dual role in the community and are proven methods to
prevent overdoses. In NYC alone, two sites have seen over a thousand
overdose interventions since their launch in November 2021. When these
centers are used, they work as intended and in their limited applica-
tions so far, have proven their demand in communities. Oftentimes,
concerns and fears are raised that these centers would present a safety
risk on the streets, but the two sites that are being tested in NYC were
able to collect about 2,500,000 units of hazardous waste, the streets
are clean and safe, and studies have shown no increase in dangerous
crime. The benefits to these neighborhoods are quantified and can be
expanded if only the fear of using them and being punished doesn't
remain prevalent.
Therefore, it is important to have protections from criminal prosecution
in place for people who decide to participate in these programs. More-
over, community outreach is quintessential for the effective implementa-
tion and use of OPCs. These locations don't just exist as an option
within communities, but must be able to work cooperatively with them so
that all community members, whether impacted by substance abuse or not,
are able to see a good faith solution be implemented to mitigate the
opioid crisis in New York State and similar substance-related public
health issues.
Individuals that have used the services provided tend to be individuals
of racial and ethnic minorities, who do not have stable housing, who are
already at a higher exposure to the criminal justice system and are
struggling from a lack of resources. OPCs can serve as a means to not
just prevent death, but provide a new start.
 
LEGISLATIVE HISTORY:
2017-2018: S8809/A8534 Rosenthal L
2019-2020: S498/A60 Rosenthal L
2021-2022: S603/A224 Rosenthal L
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.