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S04880 Summary:

BILL NOS04880B
 
SAME ASSAME AS A07487-A
 
SPONSORFERNANDEZ
 
COSPNSRCLEARE, JACKSON, MAY, RIVERA, SALAZAR
 
MLTSPNSR
 
Add §3309-c, Pub Health L
 
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.
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S04880 Actions:

BILL NOS04880B
 
02/16/2023REFERRED TO HEALTH
03/06/2023AMEND AND RECOMMIT TO HEALTH
03/06/2023PRINT NUMBER 4880A
01/03/2024REFERRED TO HEALTH
01/26/2024AMEND AND RECOMMIT TO HEALTH
01/26/2024PRINT NUMBER 4880B
04/17/2024REPORTED AND COMMITTED TO FINANCE
05/06/20241ST REPORT CAL.918
05/07/20242ND REPORT CAL.
05/08/2024ADVANCED TO THIRD READING
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S04880 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4880--B
 
                               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 -- recommitted to the Committee on Health in accord-
          ance with Senate Rule 6, sec. 8 -- 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;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09638-05-4

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