S T A T E O F N E W Y O R K
________________________________________________________________________
7487--B
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,
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:
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. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS, IN
CONJUNCTION WITH THE OFFICE OF ADDICTION SERVICES AND SUPPORTS, OR AN
AUTHORIZED LOCAL GOVERNMENT, TO PROVIDE DRUG CHECKING SERVICES WHICH
SHALL INCLUDE BUT NO BE LIMITED TO:
(A) PROVIDING INFORMATION AND HARM REDUCTION ADVICE TO HELP INDIVID-
UALS MAKE INFORMED DECISIONS ABOUT DRUG USE;
(B) TESTING ANY DRUG OR SUBSTANCE THAT AN INDIVIDUAL PRESENTS FOR
CHECKING TO ASCERTAIN THE COMPOSITION AND LIKELY IDENTITY OF SUCH DRUG
OR SUBSTANCE;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09638-09-4
A. 7487--B 2
(C) ADVISING THE INDIVIDUAL WHO PRESENTED A DRUG OR SUBSTANCE FOR
CHECKING OF THE RESULTS OF THE TESTING;
(D) DISPOSING OF OR ARRANGING 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
(E) IF NECESSARY, ARRANGING 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.