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. LBD09638-09-4A. 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.