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.
