BILL NUMBER: S5671

SPONSOR: FERNANDEZ

 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to establishing the
fentanyl test strip program

 
PURPOSE:

To expand access to fentanyl test strips, preventing accidental overdose
and death of unsuspecting illicit substance users.

 
SUMMARY OF PROVISIONS:

Section 1. The mental hygiene law is amended by adding a new section to
read as follows:

§ 19.46 Fentanyl test strip program.

1. The commissioner shall establish a program whereby individuals may
              

receive, free of charge, fentanyl test strips to detect the presence of
fentanyl. The following facilities may apply to distribute such fentanyl
test strips:

(a) hospital emergency rooms;

(b) addiction treatment facilities;

(c) facilities for substance use disorder programs;

(d) homeless shelters;

(e) urgent care centers;

(f) mobile medication units;

(g) treatment facilities as defined in subdivision five of section 22.09
of this title; and

(h) any other setting, as determined by the office, which is routinely
accessed by individuals with a substance use disorder.

2. Individuals shall not be targeted by law enforcement when they are
obtaining the fentanyl test strips at the facilities pursuant to subdi-
vision one of this section.

3. The commissioner, in cooperation with the commissioner of the depart-
ment of health, shall develop and conduct a public awareness and educa-
tional campaign on the dangers of fentanyl. Such campaign shall detail
where fentanyl may be found and the availability of the free fentanyl
test strips at the facilities referenced in subdivision one of this
section.

Section 2: Effective date.

 
JUSTIFICATION:

Overdose deaths involving fentanyl has risen dramatically in recent
years. According to the DEA, in 2022 "Fentanyl saturates the illegal
drug supply in New York City and is a factor in roughly 80% of overdose
deaths. Even casual or occasional illegal drug use could be fatal, and
with an explosion in counterfeit pills containing fentanyl, a single
tablet purchased online or on social media could be deadly."

"In December of 2022, the DEA alerted the public to a sharp nationwide
increase in the lethality of fentanyl-laced fake prescription pills.
DEA laboratory testing in 2022 revealed that six out of ten fentanyl-
laced, fake prescription pills contained a potentially lethal dose of
fentanyl. This is an increase from DEA's announcement in 2021 that four
out of ten fentanyl-laced, fake prescription pills contain a potentially
deadly dose."

Fentanyl is now found in cocaine, heroin, MDMA molly, and even cannabis.
There is not a single illicit substance in which it has not been found.

This program provides for illicit substance users to access fentanyl
test strips anonymously and free of charge, and not to be targeted by
law enforcement when accessing them. It also establishes a public aware-
ness campaign to educate the public about the dangers of fentanyl, where
fentanyl can be found, and where to go for test strips.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.