S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7487--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced by M. of A. KELLES, GONZALEZ-ROJAS, FORREST, McDONALD -- 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

 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:
 
   Section 1. The public health law is amended by adding  a  new  section
 3309-c to read as follows:
   § 3309-C. DRUG  CHECKING  SERVICES  PROGRAM.  1.  THE  DEPARTMENT,  IN
 CONJUNCTION WITH THE OFFICE OF ADDICTION SERVICES  AND  SUPPORTS,  SHALL
 ESTABLISH  A  PROGRAM  TO  PROVIDE,  OR  AUTHORIZE A LOCAL GOVERNMENT TO
 PROVIDE, OR BOTH, DRUG CHECKING SERVICES TO ASSIST INDIVIDUALS IN DETER-
 MINING WHETHER A DRUG OR  CONTROLLED  SUBSTANCE  CONTAINS  CONTAMINANTS,
 TOXIC SUBSTANCES, OR HAZARDOUS COMPOUNDS.
   2. IN PROVIDING DRUG CHECKING SERVICES, THE DEPARTMENT, IN CONJUNCTION
 WITH  THE  OFFICE  OF  ADDICTION SERVICES AND SUPPORTS, OR AN AUTHORIZED
 LOCAL GOVERNMENT SHALL:
   (A) PROVIDE INFORMATION AND HARM REDUCTION ADVICE TO HELP  INDIVIDUALS
 MAKE INFORMED DECISIONS ABOUT DRUG USE;
   (B)  TEST ANY DRUG OR SUBSTANCE THAT AN INDIVIDUAL PRESENTS FOR CHECK-
 ING TO ASCERTAIN THE COMPOSITION AND LIKELY IDENTITY  OF  SUCH  DRUG  OR
 SUBSTANCE;
   (C) ADVISE THE INDIVIDUAL WHO PRESENTED A DRUG OR SUBSTANCE FOR CHECK-
 ING OF THE RESULTS OF THE TESTING;
   (D)  RETURN THE DRUG OR SUBSTANCE TO THE INDIVIDUAL WHO PRESENTED SUCH
 DRUG OR SUBSTANCE FOR CHECKING;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09638-06-4
 A. 7487--A                          2
 
              

   (E) DISPOSE OF OR ARRANGE FOR THE DISPOSAL OF, ANY SAMPLE OF A DRUG OR
 SUBSTANCE USED IN TESTING AND ANY DRUG OR SUBSTANCE SURRENDERED  BY  ANY
 INDIVIDUAL FOR DISPOSAL; AND
   (F)  IF  NECESSARY,  ARRANGE FOR A SAMPLE OF A DRUG OR SUBSTANCE TO BE
 TESTED BY A DEPARTMENT APPROVED LABORATORY.
   3. THE  DEPARTMENT,  IN  CONJUNCTION  WITH  THE  OFFICE  OF  ADDICTION
 SERVICES  AND SUPPORTS, SHALL ACQUIRE THE NECESSARY EQUIPMENT TO PROVIDE
 DRUG CHECKING SERVICES, INCLUDING BUT NOT LIMITED TO, CHEMICAL SCREENING
 DEVICES SUCH AS INFRARED SPECTROPHOTOMETERS, MASS SPECTROMETERS, NUCLEAR
 MAGNETIC  RESONANCE  SPECTROMETERS,  RAMAN  SPECTROPHOTOMETERS,  OR  ION
 MOBILITY SPECTROMETERS.
   4.  EMPLOYEES,  CONTRACTORS,  AND  VOLUNTEERS OF THE DEPARTMENT OR THE
 OFFICE OF ADDICTION SERVICES AND SUPPORTS, DIRECTORS, MANAGERS,  EMPLOY-
 EES,  CONTRACTORS,  AND  VOLUNTEERS  OF  AN  ORGANIZATION PROVIDING DRUG
 CHECKING SERVICES, OWNERS OF PROPERTIES  WHERE  DRUG  CHECKING  SERVICES
 OCCUR,  LOCAL  GOVERNMENTS AUTHORIZED BY THE DEPARTMENT, AND INDIVIDUALS
 PRESENTING DRUGS OR SUBSTANCES FOR CHECKING, ACTING IN  THE  COURSE  AND
 SCOPE  OF  EMPLOYMENT  OR ENGAGED IN GOOD FAITH IN THE PROVISION OF DRUG
 CHECKING SERVICES, IN ACCORDANCE WITH ESTABLISHED PROTOCOLS,  SHALL  NOT
 BE SUBJECT TO:
   (A)  ARREST,  CHARGES,  OR PROSECUTION PURSUANT TO THIS ARTICLE OR ANY
 VIOLATION OR MISDEMEANOR, INCLUDING FOR ATTEMPTING, AIDING AND ABETTING,
 OR CONSPIRACY TO COMMIT A VIOLATION OR MISDEMEANOR PURSUANT  TO  ARTICLE
 TWO HUNDRED TWENTY OF THE PENAL LAW; OR
   (B)  A  CIVIL  OR  ADMINISTRATIVE PENALTY OR LIABILITY OF ANY KIND, OR
 DISCIPLINARY ACTION BY  A  PROFESSIONAL  LICENSING  BOARD,  FOR  CONDUCT
 RELATING  TO THE PROVISION OF DRUG CHECKING SERVICES UNLESS SUCH CONDUCT
 WAS PERFORMED IN A NEGLIGENT MANNER OR IN BAD FAITH.
   5. THE DEPARTMENT, THE OFFICE OF ADDICTION SERVICES AND SUPPORTS,  AND
 LOCAL  GOVERNMENTS AUTHORIZED BY THE DEPARTMENT SHALL NOT COLLECT, MAIN-
 TAIN, USE, OR DISCLOSE ANY PERSONAL INFORMATION RELATING TO AN  INDIVID-
 UAL  FROM  WHOM  THE DEPARTMENT OR LOCAL GOVERNMENT RECEIVES ANY DRUG OR
 SUBSTANCE FOR CHECKING OR DISPOSAL.
   6. THE RESULT OF ANY TEST CARRIED OUT BY THE DEPARTMENT, THE OFFICE OF
 ADDICTION SERVICES AND SUPPORTS, OR AN AUTHORIZED  LOCAL  GOVERNMENT  IN
 RELATION  TO  ANY  DRUG OR SUBSTANCE PRESENTED FOR CHECKING SHALL NOT BE
 ADMISSIBLE AS EVIDENCE IN ANY CRIMINAL OR CIVIL PROCEEDINGS AGAINST  THE
 INDIVIDUAL  FROM WHOM THE DRUG OR SUBSTANCE WAS RECEIVED, UNLESS SUBMIT-
 TED BY SUCH INDIVIDUAL.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.  Effective  immediately,  the addition, amendment,
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.