NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8525
SPONSOR: McDonald TITLE OF BILL:
An act to amend the public health law, in relation to dispensing of drug
adulterant testing supplies
PURPOSE:
To make clarifying changes to the definition of "drug adulterant testing
supplies" and the storage and dispensing standards for health care
professionals or pharmacists when dispensing this supplies.
SUMMARY OF PROVISIONS:
This bill amends Chapter 654 of the Laws of 2023 by making clarifying
changes to the definition of "drug adulterant testing supplies" to
ensure that any substance, regardless of their scheduling, can be tested
for fentanyl or a fentanyl analog. The bill also removes certain
instructions around storage of drug adulterant testing supplies as well
as language limiting the quantity of testing supplies which a health
care professional or pharmacist may distribute. The bill also adds
language to ensure that individuals who is not a health care profes-
sional or pharmacist can still dispense drug adulterant testing
supplies.
JUSTIFICATION:
"Matthew's Law" honors the memory of Matthew Horan, a Westchester resi-
dent with substance use disorder who died at age 30 of a fentanyl over-
dose in November of 2020. His sister, Kailey Horan, has requested New
York find a way to make fentanyl testing kits accessible to procure
after her brother ingested the drug unknowingly.
In 2021, fentanyl overdoses made up 87.8% of all opioid deaths.(1) Just
two milligrams of fentanyl can be considered a lethal dose- the equiv-
alent to 10 grains of kitchen salt.
Fentanyl overdose is now the leading cause of death among Americans aged
18 to 45- ahead of suicide, COVID-19, and car accidents, according to
data from the Centers for Disease Control and Prevention (CDC).
In 2021, for the first time in history, the Biden administration allowed
federal grant money to be used to purchase fentanyl test strips. We must
be doing everything we can to follow suit in destigmatizing testing
strips.
New York made impactful change by issuing a standing order for pharma-
cies to carry Narcan, a life saving tool that reverses potentially
lethal overdoses from opioids. By providing both Narcan and testing
strips we can give New Yorkers struggling with addiction all of the
resources they need to stop drug overdose deaths.
These amendments ensure that pharmacists and other health care profes-
sionals can dispense testing supplies for fentanyl and fentanyl analogs
regardless of whether the substance is considered a controlled
substance, expanding which substances can be captured. The language also
removes limitations around the amount of testing supplies that could be
dispensed by health care professionals and pharmacists, to guarantee
that an individual can receive the number of testing strips based on
their need. These amendments also ensure that other individuals who are
currently dispensing fentanyl and fentanyl analog testing supplies may
continue to do so, even if they do not have a license to ensure as may
individuals have access to this life saving supplies as possible.
LEGISLATIVE HISTORY:
This is a new bill.
BUDGET IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2023 constituting Matthew's law, as proposed in
legislative bills numbers S. 2099-C and A. 5200-B, takes effect.
STATE OF NEW YORK
________________________________________________________________________
8525
IN ASSEMBLY
January 5, 2024
___________
Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to dispensing of drug
adulterant testing supplies
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3309-b of the public health law, as added by a
2 chapter of the laws of 2023 constituting Matthew's law, as proposed in
3 legislative bills numbers S. 2099-C and A. 5200-B, is amended to read as
4 follows:
5 § 3309-b. Dispensing of drug adulterant testing supplies. 1. As used
6 in this section:
7 (a) "Drug adulterant testing supplies" means any drug testing product
8 that is used to determine whether a [controlled] substance contains
9 fentanyl or a fentanyl analog.
10 (b) "Health care professional" means a person licensed, registered or
11 authorized pursuant to title eight of the education law to prescribe
12 prescription drugs.
13 (c) "Pharmacist" means a person licensed or authorized to practice
14 pharmacy pursuant to article one hundred thirty-seven of the education
15 law.
16 2. A health care professional or pharmacist is authorized to dispense
17 drug adulterant testing supplies to any person. [Any drug adulterant
18 testing supplies dispensed under this section shall be stored at a
19 licensed pharmacy, hospital, clinic, or other health care facility or at
20 the medical office of a health care professional and in a manner that
21 limits access to the drug adulterant testing supplies to health care
22 professionals or pharmacists employed at the pharmacy, hospital, clinic,
23 or other health care facility or medical office and any persons desig-
24 nated by the health care professional or pharmacist. Drug adulterant
25 testing supplies dispensed at a retail store containing a pharmacy under
26 this section shall be dispensed only from the pharmacy department of the
27 retail store. No quantity of drug adulterant testing supplies greater
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01425-08-4
A. 8525 2
1 than necessary to conduct five assays of substances suspected of
2 containing adulterants shall be dispensed in any single transaction.]
3 3. Nothing in this section shall be construed to require a license to
4 distribute drug adulterant testing supplies to any person. The commis-
5 sioner [shall promulgate] may make all rules and regulations necessary
6 for the implementation of this section.
7 § 2. This act shall take effect on the same date and in the same
8 manner as a chapter of the laws of 2023 constituting Matthew's law, as
9 proposed in legislative bills numbers S. 2099-C and A. 5200-B, takes
10 effect.
