STATE OF NEW YORK ________________________________________________________________________ 5336 2023-2024 Regular Sessions IN ASSEMBLY March 7, 2023 ___________ Introduced by M. of A. FLOOD -- read once and referred 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 Assem- bly, do enact as follows: 1 Section 1. Section 3302 of the public health law is amended by adding 2 a new subdivision 42 to read as follows: 3 42. (a) "Supervised injection site" means a facility or institution 4 that: 5 (i) allows addicts, ultimate users or other individuals to possess and 6 use controlled substances; or 7 (ii) allows a practitioner to dispense or administer controlled 8 substances to addicts, ultimate users or other individuals; and 9 (iii) is supervised by trained medical personnel such as physicians, 10 physicians assistants, nurses, nurse practitioners, psychologists, 11 social workers, mental health counselors or other trained medical 12 professionals as defined in title eight of the education law. 13 (b) Supervised injection site shall not include: 14 (i) an opioid treatment program; or 15 (ii) a substance abuse program, chemical dependence services program, 16 or behavioral health services program certified, licensed, funded or 17 operated by the office of alcoholism and substance abuse services. 18 § 2. The public health law is amended by adding a new section 3395 to 19 read as follows: 20 § 3395. Supervised injection sites unlawful. It shall be unlawful for 21 any person to own, operate, work in or volunteer at a supervised 22 injection site. 23 § 3. Subdivisions 5 and 6 of section 3390 of the public health law, as 24 added by chapter 878 of the laws of 1972, are amended and a new subdivi- 25 sion 7 is added to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09225-01-3
A. 5336 2 1 5. failed to maintain effective control against diversion of 2 controlled substances; [or] 3 6. wilfully and unreasonably refused to permit an inspection author- 4 ized by this article[.]; or 5 7. wilfully owned or operated a supervised injection site. 6 § 4. Section 6530 of the education law is amended by adding a new 7 subdivision 51 to read as follows: 8 51. A violation of section thirty-three hundred ninety-five of the 9 public health law by a professional. 10 § 5. This act shall take effect immediately.