Provides free fentanyl test strips to individuals at specified distribution facilities; requires a public awareness campaign on the dangers of fentanyl and the provision of the test strips.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5005
SPONSOR: Steck TITLE OF BILL:
An act to amend the mental hygiene law, in relation to establishing the
fentanyl test strip program
PURPOSE:
To expand access to fentanyl test strips, preventing accidental overdose
and death of unsuspecting illicit substance users.
SUMMARY OF PROVISIONS:
Section 1. The mental hygiene law is amended by adding a new section to
read as follows:
§ 19.46 Fentanyl test strip program.
1. The commissioner shall establish a program whereby individuals may
receive, free of charge, fentanyl test strips to detect the presence of
fentanyl. The following facilities may apply to distribute such fentanyl
test strips:
(a) hospital emergency rooms;
(b) addiction treatment facilities;
(c) facilities for substance use disorder programs;
(d) homeless shelters;
(e) urgent care centers;
(f) mobile medication units;
(g) treatment facilities as defined in subdivision five of section 22.09
of this title; and
(h) any other setting, as determined by the office, which is routinely
accessed by individuals with a substance use disorder.
2. Individuals shall not be targeted by law enforcement when they are
obtaining the fentanyl test strips at the facilities pursuant to subdi-
vision one of this section.
3. The commissioner, in cooperation with the commissioner of the depart-
ment of health, shall develop and conduct a public awareness and educa-
tional campaign on the dangers of fentanyl. Such campaign shall detail
where fentanyl may be found and the availability of the free fentanyl
test strips at the facilities referenced in subdivision one of this
section.
Section 2: Effective date.
JUSTIFICATION:
Overdose deaths involving fentanyl has risen dramatically in recent
years. According to the DEA, in 2022 "Fentanyl saturates the illegal
drug supply in New York City and is a factor in roughly 80% of overdose
deaths. Even casual or occasional illegal drug use could be fatal, and
with an explosion in counterfeit pills containing fentanyl, a single
tablet purchased online or on social media could be deadly."
"In December of 2022, the DEA alerted the public to a sharp nationwide
increase in the lethality of fentanyl-laced fake prescription pills.
DEA laboratory testing in 2022 revealed that six out of ten fentanyl-
laced, fake prescription pills contained a potentially lethal dose of
fentanyl. This is an increase from DEA's announcement in 2021 that four
out of ten fentanyl-laced, fake prescription pills contain a potentially
deadly dose."
Fentanyl is now found in cocaine, heroin, MDMA
molly, and even canna-
bis. There is not a single illicit substance in which it has not been
found.
This program provides for illicit substance users to access fentanyl
test strips anonymously and free of charge, and not to be targeted by
law enforcement when accessing them. It also establishes a public aware-
ness campaign to educate the public about the dangers of fentanyl, where
fentanyl can be found, and where to go for test strips.
LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5005
2023-2024 Regular Sessions
IN ASSEMBLY
February 27, 2023
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Alcoholism and Drug Abuse
AN ACT to amend the mental hygiene law, in relation to establishing the
fentanyl test strip program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The mental hygiene law is amended by adding a new section
2 19.46 to read as follows:
3 § 19.46 Fentanyl test strip program.
4 1. The commissioner shall establish a program whereby individuals may
5 receive, free of charge, fentanyl test strips to detect the presence of
6 fentanyl. The following facilities may apply to distribute such fentanyl
7 test strips:
8 (a) hospital emergency rooms;
9 (b) addiction treatment facilities;
10 (c) facilities for substance use disorder programs;
11 (d) homeless shelters;
12 (e) urgent care centers;
13 (f) mobile medication units;
14 (g) treatment facilities as defined in subdivision five of section
15 22.09 of this title; and
16 (h) any other setting, as determined by the office, which is routinely
17 accessed by individuals with a substance use disorder.
18 2. Individuals shall not be targeted by law enforcement when they are
19 obtaining the fentanyl test strips at the facilities pursuant to subdi-
20 vision one of this section.
21 3. The commissioner, in cooperation with the commissioner of the
22 department of health, shall develop and conduct a public awareness and
23 educational campaign on the dangers of fentanyl. Such campaign shall
24 detail where fentanyl may be found and the availability of the free
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05428-01-3
A. 5005 2
1 fentanyl test strips at the facilities referenced in subdivision one of
2 this section.
3 § 2. This act shall take effect on the one hundred eightieth day after
4 it shall have become a law. Effective immediately, the addition, amend-
5 ment and/or repeal of any rule or regulation necessary for the implemen-
6 tation of this act on its effective date are authorized to be made and
7 completed on or before such effective date.
