S T A T E O F N E W Y O R K
________________________________________________________________________
5671
2023-2024 Regular Sessions
I N S E N A T E
March 13, 2023
___________
Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Alcoholism and Substance
Use Disorders
AN ACT to amend the mental hygiene law, in relation to establishing the
fentanyl test strip program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The mental hygiene law is amended by adding a new section
19.46 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
DEPARTMENT OF HEALTH, SHALL DEVELOP AND CONDUCT A PUBLIC AWARENESS AND
EDUCATIONAL CAMPAIGN ON THE DANGERS OF FENTANYL. SUCH CAMPAIGN SHALL
DETAIL WHERE FENTANYL MAY BE FOUND AND THE AVAILABILITY OF THE FREE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05428-01-3
S. 5671 2
FENTANYL TEST STRIPS AT THE FACILITIES REFERENCED IN SUBDIVISION ONE OF
THIS SECTION.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.