Establishes through the department of health, in conjunction with the office of addiction services and supports, a drug checking services program to allow individuals to bring drugs or controlled substances and have them tested for contaminants, toxic substances, or hazardous compounds.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7487A
SPONSOR: Kelles TITLE OF BILL:
An act to amend the public health law, in relation to establishing a
drug checking services program
PURPOSE OR GENERAL IDEA OF BILL:
To create a drug checking services program to assist individuals in
deterMining whether a drug or controlled substance contains contam-
inants, toxic substances, or hazardous compounds.
SUMMARY OF PROVISIONS:
Section' 1 establishes the drug checking services program.
Section 2 sets the effective date.
JUSTIFICATION:
New York is in the middle of an opioid epidemic. For the past few years,
New York has exceeded national rates of opioid overdose deaths with over
30 individuals per 100,000 dying from drug overdoses. These deaths are
preventable.
In-recent years, the opioid crisis has been intensified by substances
such as fentanyl and xylazine being mixed with opioids. Some of these
compounds do not 'react to life-saving opioid antagonists like naloxone.
To save lives, it is necessary to know what substances an individual may
be coming in contact with. This bill will allow individuals to test
their drugs, without fear of retribution or criminal justice outcomes,
allowing them to make informed decisions about drug use.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
TBD
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment, and/or
repeal of any rule or regulation necessary for the implementation 26 of
this act on its effective date are authorized to be made and 27
completed on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
7487--A
2023-2024 Regular Sessions
IN ASSEMBLY
May 25, 2023
___________
Introduced by M. of A. KELLES, GONZALEZ-ROJAS, FORREST, McDONALD -- read
once and referred to the Committee on Health -- recommitted to the
Committee on Health in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the public health law, in relation to establishing a
drug checking services program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 3309-c to read as follows:
3 § 3309-c. Drug checking services program. 1. The department, in
4 conjunction with the office of addiction services and supports, shall
5 establish a program to provide, or authorize a local government to
6 provide, or both, drug checking services to assist individuals in deter-
7 mining whether a drug or controlled substance contains contaminants,
8 toxic substances, or hazardous compounds.
9 2. In providing drug checking services, the department, in conjunction
10 with the office of addiction services and supports, or an authorized
11 local government shall:
12 (a) provide information and harm reduction advice to help individuals
13 make informed decisions about drug use;
14 (b) test any drug or substance that an individual presents for check-
15 ing to ascertain the composition and likely identity of such drug or
16 substance;
17 (c) advise the individual who presented a drug or substance for check-
18 ing of the results of the testing;
19 (d) return the drug or substance to the individual who presented such
20 drug or substance for checking;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09638-06-4
A. 7487--A 2
1 (e) dispose of or arrange for the disposal of, any sample of a drug or
2 substance used in testing and any drug or substance surrendered by any
3 individual for disposal; and
4 (f) if necessary, arrange for a sample of a drug or substance to be
5 tested by a department approved laboratory.
6 3. The department, in conjunction with the office of addiction
7 services and supports, shall acquire the necessary equipment to provide
8 drug checking services, including but not limited to, chemical screening
9 devices such as infrared spectrophotometers, mass spectrometers, nuclear
10 magnetic resonance spectrometers, raman spectrophotometers, or ion
11 mobility spectrometers.
12 4. Employees, contractors, and volunteers of the department or the
13 office of addiction services and supports, directors, managers, employ-
14 ees, contractors, and volunteers of an organization providing drug
15 checking services, owners of properties where drug checking services
16 occur, local governments authorized by the department, and individuals
17 presenting drugs or substances for checking, acting in the course and
18 scope of employment or engaged in good faith in the provision of drug
19 checking services, in accordance with established protocols, shall not
20 be subject to:
21 (a) arrest, charges, or prosecution pursuant to this article or any
22 violation or misdemeanor, including for attempting, aiding and abetting,
23 or conspiracy to commit a violation or misdemeanor pursuant to article
24 two hundred twenty of the penal law; or
25 (b) a civil or administrative penalty or liability of any kind, or
26 disciplinary action by a professional licensing board, for conduct
27 relating to the provision of drug checking services unless such conduct
28 was performed in a negligent manner or in bad faith.
29 5. The department, the office of addiction services and supports, and
30 local governments authorized by the department shall not collect, main-
31 tain, use, or disclose any personal information relating to an individ-
32 ual from whom the department or local government receives any drug or
33 substance for checking or disposal.
34 6. The result of any test carried out by the department, the office of
35 addiction services and supports, or an authorized local government in
36 relation to any drug or substance presented for checking shall not be
37 admissible as evidence in any criminal or civil proceedings against the
38 individual from whom the drug or substance was received, unless submit-
39 ted by such individual.
40 § 2. This act shall take effect on the ninetieth day after it shall
41 have become a law. Effective immediately, the addition, amendment,
42 and/or repeal of any rule or regulation necessary for the implementation
43 of this act on its effective date are authorized to be made and
44 completed on or before such effective date.
