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S04880 Summary:

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:

03/06/2023PRINT NUMBER 4880A
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S04880 Text:

                STATE OF NEW YORK
                               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.

        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.
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