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.
STATE OF NEW YORK
________________________________________________________________________
7487--B
2023-2024 Regular Sessions
IN ASSEMBLY
May 25, 2023
___________
Introduced by M. of A. KELLES, GONZALEZ-ROJAS, FORREST, McDONALD,
SEAWRIGHT, MEEKS, DAVILA, ZACCARO, MAMDANI, REYES, HEVESI,
BICHOTTE HERMELYN, EPSTEIN -- 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 -- 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. The commissioner shall promulgate rules and regulations, in
10 conjunction with the office of addiction services and supports, or an
11 authorized local government, to provide drug checking services which
12 shall include but no be limited to:
13 (a) providing information and harm reduction advice to help individ-
14 uals make informed decisions about drug use;
15 (b) testing any drug or substance that an individual presents for
16 checking to ascertain the composition and likely identity of such drug
17 or substance;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09638-09-4
A. 7487--B 2
1 (c) advising the individual who presented a drug or substance for
2 checking of the results of the testing;
3 (d) disposing of or arranging for the disposal of, any sample of a
4 drug or substance used in testing and any drug or substance surrendered
5 by any individual for disposal; and
6 (e) if necessary, arranging for a sample of a drug or substance to be
7 tested by a department approved laboratory.
8 3. The department, in conjunction with the office of addiction
9 services and supports, shall acquire the necessary equipment to provide
10 drug checking services, including but not limited to, chemical screening
11 devices such as infrared spectrophotometers, mass spectrometers, nuclear
12 magnetic resonance spectrometers, raman spectrophotometers, or ion
13 mobility spectrometers.
14 4. Employees, contractors, and volunteers of the department or the
15 office of addiction services and supports, directors, managers, employ-
16 ees, contractors, and volunteers of an organization providing drug
17 checking services, owners of properties where drug checking services
18 occur, local governments authorized by the department, and individuals
19 presenting drugs or substances for checking, acting in the course and
20 scope of employment or engaged in good faith in the provision of drug
21 checking services, in accordance with established protocols, shall not
22 be subject to:
23 (a) arrest, charges, or prosecution pursuant to this article or any
24 violation or misdemeanor, including for attempting, aiding and abetting,
25 or conspiracy to commit a violation or misdemeanor pursuant to article
26 two hundred twenty of the penal law; or
27 (b) a civil or administrative penalty or liability of any kind, or
28 disciplinary action by a professional licensing board, for conduct
29 relating to the provision of drug checking services unless such conduct
30 was performed in a negligent manner or in bad faith.
31 5. The department, the office of addiction services and supports, and
32 local governments authorized by the department shall not collect, main-
33 tain, use, or disclose any personal information relating to an individ-
34 ual from whom the department or local government receives any drug or
35 substance for checking or disposal.
36 6. The result of any test carried out by the department, the office of
37 addiction services and supports, or an authorized local government in
38 relation to any drug or substance presented for checking shall not be
39 admissible as evidence in any criminal or civil proceedings against the
40 individual from whom the drug or substance was received, unless submit-
41 ted by such individual.
42 § 2. This act shall take effect on the ninetieth day after it shall
43 have become a law. Effective immediately, the addition, amendment,
44 and/or repeal of any rule or regulation necessary for the implementation
45 of this act on its effective date are authorized to be made and
46 completed on or before such effective date.
