Bill Text: NY S08061 | 2023-2024 | General Assembly | Introduced

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Bill Title: Clarifies provisions relating to dispensing of drug adulterant testing supplies.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2024-01-26 - SIGNED CHAP.16 [S08061 Detail]

Download: New_York-2023-S08061-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8061

                    IN SENATE

                                     January 5, 2024
                                       ___________

        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the public health law, in relation to dispensing of drug
          adulterant testing supplies

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

     1    Section  1.  Section  3309-b  of  the public health law, as added by a
     2  chapter of the laws of 2023 constituting Matthew's law, as  proposed  in
     3  legislative bills numbers S. 2099-C and A. 5200-B, is amended to read as
     4  follows:
     5    § 3309-b. 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
     9  fentanyl or a fentanyl analog.
    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-
    24  nated by the health care professional  or  pharmacist.  Drug  adulterant
    25  testing supplies dispensed at a retail store containing a pharmacy under
    26  this section shall be dispensed only from the pharmacy department of the
    27  retail  store.  No  quantity of drug adulterant testing supplies greater

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01425-08-4
        S. 8061                             2

     1  than necessary  to  conduct  five  assays  of  substances  suspected  of
     2  containing adulterants shall be dispensed in any single transaction.]
     3    3.  Nothing in this section shall be construed to require a license to
     4  distribute drug adulterant testing supplies to any person.  The  commis-
     5  sioner  [shall  promulgate] may make all rules and regulations necessary
     6  for the implementation of this section.
     7    § 2. This act shall take effect on the  same  date  and  in  the  same
     8  manner  as  a chapter of the laws of 2023 constituting Matthew's law, as
     9  proposed in legislative bills numbers S. 2099-C  and  A.  5200-B,  takes
    10  effect.