Bill Text: NY S00056 | 2025-2026 | General Assembly | Introduced
Bill Title: Establishes through the department of health a drug checking program to allow individuals to bring drugs or controlled substances and have them tested for contaminants, toxic substances, or hazardous compounds; requires the department to establish public health surveillance of the unregulated drug supply.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced) 2025-01-08 - REFERRED TO HEALTH [S00056 Detail]
Download: New_York-2025-S00056-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 56 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ 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 AN ACT to amend the public health law, in relation to establishing a drug checking program including requirements for enhanced drug check- ing service delivery and public health surveillance 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. For purposes of this 4 section, the following terms shall have the following meanings: 5 (a) "Enhanced drug checking services" means the utilization of all 6 forms of drug testing equipment including complex technology or equip- 7 ment designed to analyze substances and provide results at point of 8 testing or point of care, which may include but is not limited to, chem- 9 ical screening devices such as infrared spectrophotometers, raman spec- 10 trophotometers, or ion mobility spectrometers. 11 (b) "Public health surveillance" means the continuous and systematic 12 collection, analysis, and interpretation of data needed for the plan- 13 ning, implementation, and evaluation of public health initiatives. 14 Public health surveillance may be used for the following purposes: 15 (i) as an early warning system for impending public health emergen- 16 cies; 17 (ii) to document the impact of an intervention; 18 (iii) to track progress towards specific goals; 19 (iv) to monitor and clarify the epidemiology of health outcomes; and 20 (v) to inform the public health policy and practices. 21 2. The department shall: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00379-01-5S. 56 2 1 (a) establish a program to provide, or authorize a local government or 2 other entity to provide enhanced drug checking services to assist indi- 3 viduals in determining whether a drug or controlled substance contains 4 contaminants, toxic substances, or hazardous compounds; and 5 (b) establish public health surveillance of the unregulated drug 6 supply to monitor trends and the impact on health outcomes and increase 7 public awareness of new substances in the unregulated drug supply. 8 3. Enhanced drug checking services programs shall follow all policies 9 established by the department and submit data in accordance with poli- 10 cies established by the department. 11 4. The department shall develop policies and procedures to: 12 (a) authorize enhanced drug checking service delivery; 13 (b) utilize enhanced drug checking technology for public health 14 surveillance; 15 (c) develop requirements for technician training to ensure accurate 16 point of testing and point of care results; 17 (d) identify appropriate equipment to use; and 18 (e) establish reporting processes. 19 5. Employees, contractors, and volunteers of the department, direc- 20 tors, managers, employees, contractors, and volunteers of an organiza- 21 tion providing drug checking services, owners of properties where drug 22 checking services occur, local governments or other entities authorized 23 by the department, and individuals presenting drugs or substances for 24 checking, acting in the course and scope of employment or engaged in 25 good faith in the provision of enhanced drug checking services, in 26 accordance with established protocols, shall not be subject to: 27 (a) arrest, charges, or prosecution pursuant to this article or any 28 violation or misdemeanor, including for attempting, aiding and abetting, 29 or conspiracy to commit a violation or misdemeanor pursuant to article 30 two hundred twenty of the penal law; or 31 (b) a civil or administrative penalty or liability of any kind, or 32 disciplinary action by a professional licensing board, for conduct 33 relating to the provision of enhanced drug checking services unless such 34 conduct was performed in a negligent manner or in bad faith. 35 6. The department and local governments or entities authorized by the 36 department shall not collect, maintain, use, or disclose any personal 37 information relating to an individual from whom the department, local 38 government, or entity receives any drug or substance for checking or 39 disposal. 40 7. The result of any test carried out by the department or an author- 41 ized local government or entity in relation to any drug or substance 42 presented for checking shall not be admissible as evidence in any crimi- 43 nal or civil proceedings against the individual from whom the drug or 44 substance was received, unless submitted by such individual. 45 § 2. This act shall take effect on the first of April next succeeding 46 the fiscal year in which this act shall have become a law. Effective 47 immediately, the addition, amendment, and/or repeal of any rule or regu- 48 lation necessary for the implementation of this act on its effective 49 date are authorized to be made and completed on or before such effective 50 date.
