Bill Text: NY S08061 | 2023-2024 | General Assembly | Introduced
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
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 adulterant18testing supplies dispensed under this section shall be stored at a19licensed pharmacy, hospital, clinic, or other health care facility or at20the medical office of a health care professional and in a manner that21limits access to the drug adulterant testing supplies to health care22professionals or pharmacists employed at the pharmacy, hospital, clinic,23or other health care facility or medical office and any persons desig-24nated by the health care professional or pharmacist. Drug adulterant25testing supplies dispensed at a retail store containing a pharmacy under26this section shall be dispensed only from the pharmacy department of the27retail store. No quantity of drug adulterant testing supplies greaterEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01425-08-4S. 8061 2 1than necessary to conduct five assays of substances suspected of2containing 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.