Bill Text: NY A05200 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Enacts Matthew's law which provides for the dispensing of drug adulterant testing supplies by health care professionals or pharmacists to any person.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced) 2023-06-05 - substituted by s2099c [A05200 Detail]

Download: New_York-2023-A05200-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5200--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 3, 2023
                                       ___________

        Introduced  by  M.  of  A. McDONALD, BENDETT, McDONOUGH -- read once and
          referred to the Committee on  Health  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT  to  amend  the  public  health  law,  in  relation  to  enacting
          "Matthew's law"

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  "Matthew's law".
     3    §  2.  The public health law is amended by adding a new section 3309-c
     4  to read as follows:
     5    § 3309-c. Dispensing of drug adulterant testing supplies. 1.  As  used
     6  in this section:
     7    (a)  "Drug adulterant testing supplies" means any drug testing product
     8  that is used to determine whether a controlled substance contains fenta-
     9  nyl, a fentanyl analog, or Xylazine.
    10    (b) "Health care professional" means a person licensed, registered  or
    11  authorized  pursuant  to  title  eight of the education law to prescribe
    12  prescription drugs.
    13    (c) "Pharmacist" means a person licensed  or  authorized  to  practice
    14  pharmacy  pursuant  to article one hundred thirty-seven of the education
    15  law.
    16    2. A health care professional or pharmacist is authorized to  dispense
    17  drug  adulterant  testing  supplies  to  any person. Any drug adulterant
    18  testing supplies dispensed under this  section  shall  be  stored  at  a
    19  licensed pharmacy, hospital, clinic, or other health care facility or at
    20  the  medical  office  of a health care professional and in a manner that
    21  limits access to the drug adulterant testing  supplies  to  health  care
    22  professionals or pharmacists employed at the pharmacy, hospital, clinic,
    23  or  other  health care facility or medical office and any persons desig-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01425-04-3
        A. 5200--A                          2

     1  nated by the health care professional  or  pharmacist.  Drug  adulterant
     2  testing supplies dispensed at a retail store containing a pharmacy under
     3  this section shall be dispensed only from the pharmacy department of the
     4  retail  store.  No  quantity of drug adulterant testing supplies greater
     5  than necessary  to  conduct  five  assays  of  substances  suspected  of
     6  containing adulterants shall be dispensed in any single transaction.
     7    3.  The commissioner shall promulgate all rules and regulations neces-
     8  sary for the implementation of this section.
     9    § 3. This act shall take effect on the thirtieth day  after  it  shall
    10  have become a law. Effective immediately, the addition, amendment and/or
    11  repeal  of  any  rule  or regulation necessary for the implementation of
    12  this act on its effective date are authorized to be made  and  completed
    13  on or before such effective date.