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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          4880

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 16, 2023
                                       ___________

        Introduced by Sen. FERNANDEZ -- 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 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. In providing drug checking services, the department, in conjunction
    10  with the office of addiction services and  supports,  or  an  authorized
    11  local government shall:
    12    (a)  provide information and harm reduction advice to help individuals
    13  make informed decisions about drug use;
    14    (b) test any drug or substance that an individual presents for  check-
    15  ing  to  ascertain  the  composition and likely identity of such drug or
    16  substance;
    17    (c) advise the individual who presented a drug or substance for check-
    18  ing of the results of the testing;
    19    (d) return the drug or substance to the individual who presented  such
    20  drug or substance for checking;
    21    (e) dispose of or arrange for the disposal of, any sample of a drug or
    22  substance  used  in testing and any drug or substance surrendered by any
    23  individual for disposal; and
    24    (f) if necessary, arrange for a sample of a drug or  substance  to  be
    25  tested by a department approved laboratory.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09638-02-3
        S. 4880                             2

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