BILL NUMBER: S7617
SPONSOR: RIVERA
 
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 Service Act.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 creates a new Article 33-C titled the "Safer Consumption
Services Act" and adds a new section 3399 and subsections 3399-a through
3399-e of the Public Health Law.
Section 3399-a sets the definitions for "program", "entity", and
"participant", to be an individual seeking to utilize, utilizing, or
that has utilized the program established.
Section 3399-b outlines program approval, which allows DOH to approve a
program in one or more jurisdictions as long as they meet the minimum
safety and service requirements under subdivision 2 of this section.
Subdivision 2 allows DOH to approve an entity to operate a program if
their application demonstrates that the entity would fulfill at least
the following in subparagraphs (a) through (I), as explicitly defined.
Section 3399-c outlines designation, where a DOH approved program must
also be designated as an "Authorized Syringe Exchange Program," as set
forth in 10 NYCRR 80.135, and for authorization to be a registered
provider in the Opioid Overdose Prevention Program, as set forth in
10.NYCRR 80.138.
Section 3399-d outlines reporting, where an entity who operates an over-
dose prevention center program would be required to provide an annual
report to DOH with a deadline set by DOH. Information that should be on
the report is outlined in paragraphs 1 through 5 as follows:
1. The number of program participants;
2. Collective 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 intervened on-site, along
with the outcomes; and
5. Referrals to other services and the type of service.
Section 3399-e establishes immunity protections for participants, staff
and property owners to ensure someone will not be arrested, charged,
prosecuted criminally, or subjected to civil or administrative penalties
solely for participation/involvement in an overdose prevention center
program, so long as such participation/involvement was deemed in good
faith and in accordance with established protocols.
Section 2 provides that this act would take effect immediately.
 
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 who 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 who 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
2023-2024: S399-B/A338-A Rosenthal L
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.