Bill Text: NY S04880 | 2023-2024 | General Assembly | Amended


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed) 2024-06-04 - referred to codes [S04880 Detail]

Download: New_York-2023-S04880-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4880--C
            Cal. No. 918

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 16, 2023
                                       ___________

        Introduced  by Sens. FERNANDEZ, CLEARE, JACKSON, MAY, RIVERA, SALAZAR --
          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 accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to said committee -- reported favorably from said commit-
          tee and committed to the Committee on Finance  --  reported  favorably
          from  said committee, ordered to first and second report, ordered to a
          third reading, amended and ordered reprinted, retaining its  place  in
          the order of third reading

        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;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09638-10-4

        S. 4880--C                          2

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