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
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4880--A
2023-2024 Regular Sessions
IN SENATE
February 16, 2023
___________
Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Health -- 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;
21 (e) dispose of or arrange for the disposal of, any sample of a drug or
22 substance used in testing and any drug or substance surrendered by any
23 individual for disposal; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09638-03-3
S. 4880--A 2
1 (f) if necessary, arrange for a sample of a drug or substance to be
2 tested by a department approved laboratory.
3 3. The department, in conjunction with the office of addiction
4 services and supports, shall acquire the necessary equipment to provide
5 drug checking services, including but not limited to, chemical screening
6 devices such as infrared spectrophotometers, mass spectrometers, nuclear
7 magnetic resonance spectrometers, raman spectrophotometers, or ion
8 mobility spectrometers.
9 4. Employees, contractors, and volunteers of the department or the
10 office of addiction services and supports, directors, managers, employ-
11 ees, contractors, and volunteers of an organization providing drug
12 checking services, owners of properties where drug checking services
13 occur, local governments authorized by the department, and individuals
14 presenting drugs or substances for checking, acting in the course and
15 scope of employment or engaged in good faith in the provision of drug
16 checking services, in accordance with established protocols, shall not
17 be subject to:
18 (a) arrest, charges, or prosecution pursuant to this article, includ-
19 ing for attempting, aiding and abetting, or conspiracy to commit a
20 violation pursuant to article two hundred twenty of the penal law; or
21 (b) a civil or administrative penalty or liability of any kind, or
22 disciplinary action by a professional licensing board, for conduct
23 relating to the provision of drug checking services unless such conduct
24 was performed in a negligent manner or in bad faith.
25 5. The department, the office of addiction services and supports, and
26 local governments authorized by the department shall not collect, main-
27 tain, use, or disclose any personal information relating to an individ-
28 ual from whom the department or local government receives any drug or
29 substance for checking or disposal.
30 6. The result of any test carried out by the department, the office of
31 addiction services and supports, or an authorized local government in
32 relation to any drug or substance presented for checking shall not be
33 admissible as evidence in any criminal or civil proceedings against the
34 individual from whom the drug or substance was received, unless submit-
35 ted by such individual.
36 § 2. This act shall take effect on the ninetieth day after it shall
37 have become a law. Effective immediately, the addition, amendment,
38 and/or repeal of any rule or regulation necessary for the implementation
39 of this act on its effective date are authorized to be made and
40 completed on or before such effective date.
