Establishes a wound care kit and xylazine test strip distribution program to supply wound care kits designed for the treatment of injection-related wounds and skin and soft tissue infections, and xylazine test strips, to individuals with a substance use disorder or who are otherwise at risk of drug use, free of charge; prohibits facilities from collecting personally identifying information on such individuals; prohibits police from targeting individuals receiving wound care kits or xylazine test strips under such program.
STATE OF NEW YORK
________________________________________________________________________
9728
IN SENATE
May 23, 2024
___________
Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Alcoholism and Substance
Use Disorders
AN ACT to amend the mental hygiene law, in relation to establishing a
wound care kit and xylazine test strip distribution program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The mental hygiene law is amended by adding a new section
2 19.47 to read as follows:
3 § 19.47 Wound care kit and xylazine test strip distribution program.
4 1. The commissioner shall establish a program whereby individuals with
5 a substance use disorder or who are otherwise at risk of drug use may
6 receive, free of charge, wound care kits specifically designed for the
7 treatment of injection-related wounds and skin and soft tissue
8 infections, and xylazine test strips to detect the presence of xylazine.
9 The following facilities may apply to distribute such wound care kits
10 and xylazine test strips:
11 (a) hospital emergency rooms;
12 (b) addiction treatment facilities;
13 (c) facilities for substance use disorder programs;
14 (d) homeless shelters;
15 (e) urgent care centers;
16 (f) mobile health units;
17 (g) public health offices;
18 (h) safe syringe programs; and
19 (i) any other setting, as determined by the department, which is
20 routinely accessed by individuals with a substance use disorder or who
21 are otherwise at risk of drug use, and who are in need of treatment for
22 injection-related wounds and skin and soft tissue infections, or who
23 would benefit from the use of xylazine test strips.
24 2. Facilities distributing wound care kits and xylazine test strips
25 pursuant to subdivision one of this section shall not record any
26 personally identifying information regarding to whom such wound care
27 kits and xylazine test strips are distributed.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15370-03-4
S. 9728 2
1 3. The commissioner, in cooperation with the commissioner of health,
2 shall develop and conduct a public awareness and educational campaign on
3 the importance of proper wound care and testing for the presence of
4 xylazine for individuals with a substance use disorder or who are other-
5 wise at risk of drug use. Such campaign shall detail how to properly use
6 the items in wound care kits designed for the treatment of injection-re-
7 lated wounds and skin and soft tissue infections, how to properly use
8 xylazine test strips, and the availability of free wound care kits and
9 xylazine test strips made available pursuant to subdivision one of this
10 section.
11 4. The provisions of this section shall not replace the duty of any
12 facility listed under subdivision one of this section to provide acute
13 wound care that would otherwise be provided by such facility.
14 5. (a) No police officer as defined by section 1.20 of the criminal
15 procedure law, peace officer as defined by section 2.10 of the criminal
16 procedure law, or police agency as defined by section eight hundred
17 thirty-five of the executive law, shall subject any facility listed
18 under subdivision one of this section, or any individual, to surveil-
19 lance, investigation, or prosecution for distributing or receiving wound
20 care kits or xylazine test strips pursuant to this section.
21 (b) Receipt or possession by an individual of a wound care kit or
22 xylazine test strip under the program established pursuant to subdivi-
23 sion one of this section shall not constitute reasonable cause to
24 believe that such individual has committed an offense or crime suffi-
25 cient to authorize arrest under section 140.10 of the criminal procedure
26 law, and shall not be the basis of any search or seizure of such indi-
27 vidual or such individual's property.
28 § 2. This act shall take effect on the one hundred eightieth day after
29 it shall have become a law. Effective immediately, the addition, amend-
30 ment and/or repeal of any rule or regulation necessary for the implemen-
31 tation of this act on its effective date are authorized to be made and
32 completed on or before such effective date.
