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A07487 Summary:

BILL NOA07487B
 
SAME ASSAME AS S04880-C
 
SPONSORKelles
 
COSPNSRGonzalez-Rojas, Forrest, McDonald, Seawright, Meeks, Davila, Zaccaro, Mamdani, Reyes, Hevesi, Bichotte Hermelyn, Epstein, Rosenthal L, Ardila, Burdick, Tapia, Taylor, Benedetto
 
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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A07487 Actions:

BILL NOA07487B
 
05/25/2023referred to health
01/03/2024referred to health
01/30/2024amend and recommit to health
01/30/2024print number 7487a
05/28/2024amend and recommit to health
05/28/2024print number 7487b
05/30/2024reported referred to codes
06/05/2024reported referred to ways and means
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A07487 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7487B
 
SPONSOR: Kelles
  TITLE OF BILL: An act to amend the public health law, in relation to establishing a drug checking services program   PURPOSE OR GENERAL IDEA OF BILL: To create a drug checking services program to assist individuals in determining whether a drug or controlled substance contains contam- inants, toxic substances, or hazardous compounds.   SUMMARY OF PROVISIONS: Section 1 establishes the drug checking services program. Section 2 sets the effective date.   JUSTIFICATION: New York is in the middle of an opioid epidemic. For the past few years, New York has exceeded national rates of opioid overdose deaths with over 30 individuals per 100,000 dying from drug overdoses. These deaths are preventable. In-recent years, the opioid crisis has been intensified by substances such as fentanyl and xylazine being mixed with opioids. Some of these compounds do not 'react to life-saving opioid antagonists like naloxone. To save lives, it is necessary to know what substances an individual may be coming in contact with. This bill will allow individuals to test their drugs, without fear of retribution or criminal justice outcomes, allowing them to make informed decisions about drug use.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: Limited   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the addition, amendment, and/or repeal of any rule or regulation necessary for the implementation 26 of this act on its effective date are authorized to be made and 27 completed on or before such effective date.
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A07487 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7487--B
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 25, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  KELLES,  GONZALEZ-ROJAS,  FORREST, McDONALD,
          SEAWRIGHT,   MEEKS,   DAVILA,   ZACCARO,   MAMDANI,   REYES,   HEVESI,
          BICHOTTE HERMELYN,  EPSTEIN -- read once and referred to the Committee
          on Health -- recommitted to the Committee on Health in accordance with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee --  recommitted
          to  the Committee on Health in accordance with Assembly Rule 3, sec. 2
          -- 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.  The  commissioner  shall  promulgate  rules  and  regulations,  in
    10  conjunction  with  the  office of addiction services and supports, or an
    11  authorized local government, to provide  drug  checking  services  which
    12  shall include but no be limited to:
    13    (a)  providing  information and harm reduction advice to help individ-
    14  uals make informed decisions about drug use;
    15    (b) testing any drug or substance  that  an  individual  presents  for
    16  checking  to  ascertain the composition and likely identity of such drug
    17  or substance;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09638-09-4

        A. 7487--B                          2
 
     1    (c) advising the individual who presented  a  drug  or  substance  for
     2  checking of the results of the testing;
     3    (d)  disposing  of  or  arranging for the disposal of, any sample of a
     4  drug or substance used in testing and any drug or substance  surrendered
     5  by any individual for disposal; and
     6    (e)  if necessary, arranging for a sample of a drug or substance to be
     7  tested by a department approved laboratory.
     8    3. The  department,  in  conjunction  with  the  office  of  addiction
     9  services  and supports, shall acquire the necessary equipment to provide
    10  drug checking services, including but not limited to, chemical screening
    11  devices such as infrared spectrophotometers, mass spectrometers, nuclear
    12  magnetic  resonance  spectrometers,  raman  spectrophotometers,  or  ion
    13  mobility spectrometers.
    14    4.  Employees,  contractors,  and  volunteers of the department or the
    15  office of addiction services and supports, directors, managers,  employ-
    16  ees,  contractors,  and  volunteers  of  an  organization providing drug
    17  checking services, owners of properties  where  drug  checking  services
    18  occur,  local  governments authorized by the department, and individuals
    19  presenting drugs or substances for checking, acting in  the  course  and
    20  scope  of  employment  or engaged in good faith in the provision of drug
    21  checking services, in accordance with established protocols,  shall  not
    22  be subject to:
    23    (a)  arrest,  charges,  or prosecution pursuant to this article or any
    24  violation or misdemeanor, including for attempting, aiding and abetting,
    25  or conspiracy to commit a violation or misdemeanor pursuant  to  article
    26  two hundred twenty of the penal law; or
    27    (b)  a  civil  or  administrative penalty or liability of any kind, or
    28  disciplinary action by  a  professional  licensing  board,  for  conduct
    29  relating  to the provision of drug checking services unless such conduct
    30  was performed in a negligent manner or in bad faith.
    31    5. The department, the office of addiction services and supports,  and
    32  local  governments authorized by the department shall not collect, main-
    33  tain, use, or disclose any personal information relating to an  individ-
    34  ual  from  whom  the department or local government receives any drug or
    35  substance for checking or disposal.
    36    6. The result of any test carried out by the department, the office of
    37  addiction services and supports, or an authorized  local  government  in
    38  relation  to  any  drug or substance presented for checking shall not be
    39  admissible as evidence in any criminal or civil proceedings against  the
    40  individual  from whom the drug or substance was received, unless submit-
    41  ted by such individual.
    42    § 2. This act shall take effect on the ninetieth day  after  it  shall
    43  have  become  a  law.  Effective  immediately,  the addition, amendment,
    44  and/or repeal of any rule or regulation necessary for the implementation
    45  of this act on  its  effective  date  are  authorized  to  be  made  and
    46  completed on or before such effective date.
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