S T A T E O F N E W Y O R K
________________________________________________________________________
5374
2025-2026 Regular Sessions
I N A S S E M B L Y
February 13, 2025
___________
Introduced by M. of A. TAPIA -- read once and referred to the Committee
on Alcoholism and Drug Abuse
AN ACT to amend the mental hygiene law, in relation to establishing a
wound care kit and xylazine test strip distribution 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
19.47 to read as follows:
§ 19.47 WOUND CARE KIT AND XYLAZINE TEST STRIP DISTRIBUTION PROGRAM.
1. THE COMMISSIONER SHALL ESTABLISH A PROGRAM WHEREBY INDIVIDUALS WITH
A SUBSTANCE USE DISORDER OR WHO ARE OTHERWISE AT RISK OF DRUG USE MAY
RECEIVE, FREE OF CHARGE, WOUND CARE KITS SPECIFICALLY DESIGNED FOR THE
TREATMENT OF INJECTION-RELATED WOUNDS AND SKIN AND SOFT TISSUE
INFECTIONS, AND XYLAZINE TEST STRIPS TO DETECT THE PRESENCE OF XYLAZINE.
THE FOLLOWING FACILITIES MAY APPLY TO DISTRIBUTE SUCH WOUND CARE KITS
AND XYLAZINE 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 HEALTH UNITS;
(G) PUBLIC HEALTH OFFICES;
(H) SAFE SYRINGE PROGRAMS; AND
(I) ANY OTHER SETTING, AS DETERMINED BY THE DEPARTMENT, WHICH IS
ROUTINELY ACCESSED BY INDIVIDUALS WITH A SUBSTANCE USE DISORDER OR WHO
ARE OTHERWISE AT RISK OF DRUG USE, AND WHO ARE IN NEED OF TREATMENT FOR
INJECTION-RELATED WOUNDS AND SKIN AND SOFT TISSUE INFECTIONS, OR WHO
WOULD BENEFIT FROM THE USE OF XYLAZINE TEST STRIPS.
2. FACILITIES DISTRIBUTING WOUND CARE KITS AND XYLAZINE TEST STRIPS
PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL NOT RECORD ANY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08166-01-5
A. 5374 2
PERSONALLY IDENTIFYING INFORMATION REGARDING TO WHOM SUCH WOUND CARE
KITS AND XYLAZINE TEST STRIPS ARE DISTRIBUTED.
3. THE COMMISSIONER, IN COOPERATION WITH THE COMMISSIONER OF HEALTH,
SHALL DEVELOP AND CONDUCT A PUBLIC AWARENESS AND EDUCATIONAL CAMPAIGN ON
THE IMPORTANCE OF PROPER WOUND CARE AND TESTING FOR THE PRESENCE OF
XYLAZINE FOR INDIVIDUALS WITH A SUBSTANCE USE DISORDER OR WHO ARE OTHER-
WISE AT RISK OF DRUG USE. SUCH CAMPAIGN SHALL DETAIL HOW TO PROPERLY USE
THE ITEMS IN WOUND CARE KITS DESIGNED FOR THE TREATMENT OF INJECTION-RE-
LATED WOUNDS AND SKIN AND SOFT TISSUE INFECTIONS, HOW TO PROPERLY USE
XYLAZINE TEST STRIPS, AND THE AVAILABILITY OF FREE WOUND CARE KITS AND
XYLAZINE TEST STRIPS MADE AVAILABLE PURSUANT TO SUBDIVISION ONE OF THIS
SECTION.
4. THE PROVISIONS OF THIS SECTION SHALL NOT REPLACE THE DUTY OF ANY
FACILITY LISTED UNDER SUBDIVISION ONE OF THIS SECTION TO PROVIDE ACUTE
WOUND CARE THAT WOULD OTHERWISE BE PROVIDED BY SUCH FACILITY.
5. (A) NO POLICE OFFICER AS DEFINED BY SECTION 1.20 OF THE CRIMINAL
PROCEDURE LAW, PEACE OFFICER AS DEFINED BY SECTION 2.10 OF THE CRIMINAL
PROCEDURE LAW, OR POLICE AGENCY AS DEFINED BY SECTION EIGHT HUNDRED
THIRTY-FIVE OF THE EXECUTIVE LAW, SHALL SUBJECT ANY FACILITY LISTED
UNDER SUBDIVISION ONE OF THIS SECTION, OR ANY INDIVIDUAL, TO SURVEIL-
LANCE, INVESTIGATION, OR PROSECUTION FOR DISTRIBUTING OR RECEIVING WOUND
CARE KITS OR XYLAZINE TEST STRIPS PURSUANT TO THIS SECTION.
(B) RECEIPT OR POSSESSION BY AN INDIVIDUAL OF A WOUND CARE KIT OR
XYLAZINE TEST STRIP UNDER THE PROGRAM ESTABLISHED PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION SHALL NOT CONSTITUTE REASONABLE CAUSE TO
BELIEVE THAT SUCH INDIVIDUAL HAS COMMITTED AN OFFENSE OR CRIME SUFFI-
CIENT TO AUTHORIZE ARREST UNDER SECTION 140.10 OF THE CRIMINAL PROCEDURE
LAW, AND SHALL NOT BE THE BASIS OF ANY SEARCH OR SEIZURE OF SUCH INDI-
VIDUAL OR SUCH INDIVIDUAL'S PROPERTY.
§ 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.