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S02099 Summary:

S02099 Actions:

S02099 Committee Votes:

S02099 Floor Votes:

S02099 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2099--C
            Cal. No. 833
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    January 18, 2023
                                       ___________
 
        Introduced  by Sens. HARCKHAM, COONEY -- read twice and ordered printed,
          and when printed to be committed to the Committee  on  Alcoholism  and
          Substance   Abuse  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to  said  committee  --  reported
          favorably  from  said  committee  and  committed  to  the Committee on
          Finance -- committee discharged, bill amended,  ordered  reprinted  as
          amended  and  recommitted to said committee -- reported favorably from
          said committee, ordered to first and second report, ordered to a third
          reading, passed by Senate and delivered  to  the  Assembly,  recalled,
          vote  reconsidered,  restored  to  third  reading, amended and ordered
          reprinted, retaining its place in the order of third reading
 
        AN ACT  to  amend  the  public  health  law,  in  relation  to  enacting
          "Matthew's law"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  "Matthew's law".
     3    §  2.  The public health law is amended by adding a new section 3309-b
     4  to read as 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 fenta-
     9  nyl 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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01425-07-3
        S. 2099--C                          2
 
     1    2. A health care professional or pharmacist is authorized to  dispense
     2  drug  adulterant  testing  supplies  to  any person. Any drug adulterant
     3  testing supplies dispensed under this  section  shall  be  stored  at  a
     4  licensed pharmacy, hospital, clinic, or other health care facility or at
     5  the  medical  office  of a health care professional and in a manner that
     6  limits access to the drug adulterant testing  supplies  to  health  care
     7  professionals or pharmacists employed at the pharmacy, hospital, clinic,
     8  or  other  health care facility or medical office and any persons desig-
     9  nated by the health care professional  or  pharmacist.  Drug  adulterant
    10  testing supplies dispensed at a retail store containing a pharmacy under
    11  this section shall be dispensed only from the pharmacy department of the
    12  retail  store.  No  quantity of drug adulterant testing supplies greater
    13  than necessary  to  conduct  five  assays  of  substances  suspected  of
    14  containing adulterants shall be dispensed in any single transaction.
    15    3.  The commissioner shall promulgate all rules and regulations neces-
    16  sary for the implementation of this section.
    17    § 3. This act shall take effect on the thirtieth day  after  it  shall
    18  have become a law. Effective immediately, the addition, amendment and/or
    19  repeal  of  any  rule  or regulation necessary for the implementation of
    20  this act on its effective date are authorized to be made  and  completed
    21  on or before such effective date.