S T A T E O F N E W Y O R K
________________________________________________________________________
56--B
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sens. FERNANDEZ, CLEARE, JACKSON, MAY, RIVERA, SALAZAR --
read twice and ordered printed, and when printed to be committed to
the Committee on Health -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- 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 program including requirements for enhanced drug check-
ing service delivery and public health surveillance
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
507 to read as follows:
§ 507. DRUG CHECKING SERVICES PROGRAM. 1. FOR PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ENHANCED DRUG CHECKING SERVICES" MEANS THE UTILIZATION OF ALL
FORMS OF DRUG TESTING EQUIPMENT INCLUDING COMPLEX TECHNOLOGY OR EQUIP-
MENT DESIGNED TO ANALYZE SUBSTANCES AND PROVIDE RESULTS AT POINT OF
TESTING OR POINT OF CARE, WHICH MAY INCLUDE BUT IS NOT LIMITED TO, CHEM-
ICAL SCREENING DEVICES SUCH AS INFRARED SPECTROPHOTOMETERS, RAMAN SPEC-
TROPHOTOMETERS, OR ION MOBILITY SPECTROMETERS.
(B) "PUBLIC HEALTH SURVEILLANCE" MEANS THE CONTINUOUS AND SYSTEMATIC
COLLECTION, ANALYSIS, AND INTERPRETATION OF DATA NEEDED FOR THE PLAN-
NING, IMPLEMENTATION, AND EVALUATION OF PUBLIC HEALTH INITIATIVES.
PUBLIC HEALTH SURVEILLANCE MAY BE USED FOR THE FOLLOWING PURPOSES:
(I) AS AN EARLY WARNING SYSTEM FOR IMPENDING PUBLIC HEALTH EMERGEN-
CIES;
(II) TO DOCUMENT THE IMPACT OF AN INTERVENTION;
(III) TO TRACK PROGRESS TOWARDS SPECIFIC GOALS;
(IV) TO MONITOR AND CLARIFY THE EPIDEMIOLOGY OF HEALTH OUTCOMES; AND
(V) TO INFORM THE PUBLIC HEALTH POLICY AND PRACTICES.
2. THE DEPARTMENT SHALL:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00379-12-5
S. 56--B 2
(A) ESTABLISH A PROGRAM TO AUTHORIZE A COUNTY OR MUNICIPALITY OR OTHER
ENTITY TO PROVIDE ENHANCED DRUG CHECKING SERVICES TO ASSIST INDIVIDUALS
IN DETERMINING WHETHER A DRUG OR CONTROLLED SUBSTANCE CONTAINS CONTAM-
INANTS, TOXIC SUBSTANCES, OR HAZARDOUS COMPOUNDS; AND
(B) ESTABLISH PUBLIC HEALTH SURVEILLANCE OF THE UNREGULATED DRUG
SUPPLY TO MONITOR TRENDS AND THE IMPACT ON HEALTH OUTCOMES AND INCREASE
PUBLIC AWARENESS OF NEW SUBSTANCES IN THE UNREGULATED DRUG SUPPLY.
3. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS FOR THE
PROVISION OF ENHANCED DRUG CHECKING SERVICES WHICH SHALL INCLUDE BUT NOT
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;
(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.
4. THE DEPARTMENT SHALL DEVELOP POLICIES AND PROCEDURES TO:
(A) UTILIZE ENHANCED DRUG CHECKING TECHNOLOGY FOR PUBLIC HEALTH
SURVEILLANCE;
(B) DEVELOP REQUIREMENTS FOR TECHNICIAN TRAINING TO ENSURE ACCURATE
POINT-OF-TESTING AND POINT-OF-CARE RESULTS;
(C) IDENTIFY APPROPRIATE EQUIPMENT TO USE; AND
(D) ESTABLISH REPORTING PROCESSES.
5. EMPLOYEES, CONTRACTORS, AND VOLUNTEERS OF THE DEPARTMENT, DIREC-
TORS, MANAGERS, EMPLOYEES, CONTRACTORS, AND VOLUNTEERS OF AN ENTITY
PROVIDING DRUG CHECKING SERVICES, OWNERS OF PROPERTIES WHERE DRUG CHECK-
ING SERVICES OCCUR, COUNTIES, MUNICIPALITIES OR OTHER ENTITIES AUTHOR-
IZED 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 ENHANCED DRUG CHECKING SERVICES, IN
ACCORDANCE WITH ESTABLISHED PROTOCOLS, SHALL NOT BE SUBJECT TO:
(A) ARREST, CHARGES, OR PROSECUTION PURSUANT TO ARTICLE THIRTY-THREE
OF THIS CHAPTER OR ANY VIOLATION OR MISDEMEANOR, INCLUDING FOR ATTEMPT-
ING, AIDING AND ABETTING, OR CONSPIRACY TO COMMIT A VIOLATION OR MISDE-
MEANOR 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 AUTHORIZED DRUG CHECKING SERVICES UNLESS
SUCH CONDUCT WAS PERFORMED IN A NEGLIGENT MANNER OR IN BAD FAITH.
6. THE DEPARTMENT AND ENTITIES AUTHORIZED BY THE DEPARTMENT SHALL NOT
COLLECT, MAINTAIN, USE, OR DISCLOSE ANY PERSONAL INFORMATION RELATING TO
AN INDIVIDUAL FROM WHOM THE DEPARTMENT OR OTHER AUTHORIZED ENTITY
RECEIVES ANY DRUG OR SUBSTANCE FOR CHECKING OR DISPOSAL.
7. THE RESULT OF ANY TEST CARRIED OUT BY THE DEPARTMENT OR AN AUTHOR-
IZED ENTITY 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 SUBMITTED BY SUCH INDIVIDUAL.
8. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS ARE
NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
S. 56--B 3
§ 2. Subdivision 1 of section 3305 of the public health law, as
amended by chapter 547 of the laws of 1981, paragraph (d) as amended by
chapter 635 of the laws of 1997, is amended to read as follows:
1. The provisions of this article restricting the possession and
control of controlled substances and official New York state
prescription forms shall not apply:
(a) to common carriers or to [warehousemen] WAREHOUSE WORKERS while
engaged in lawfully transporting or storing such substances, or to any
employee of the same acting within the scope of [his] THEIR employment;
or
(b) to public officers or their employees in the lawful performance of
their official duties requiring possession or control of controlled
substances; or
(c) to temporary incidental possession by employees or agents of
persons lawfully entitled to possession, or by persons whose possession
is for the purpose of aiding public officers in performing their offi-
cial duties[.]; OR
(d) TO EMPLOYEES, CONTRACTORS, AND VOLUNTEERS OF THE DEPARTMENT,
DIRECTORS, MANAGERS, EMPLOYEES, CONTRACTORS, AND VOLUNTEERS OF AN ENTITY
PROVIDING DRUG CHECKING SERVICES AUTHORIZED UNDER SECTION FIVE HUNDRED
SEVEN OF THIS CHAPTER, OWNERS OF PROPERTIES WHERE SUCH AUTHORIZED DRUG
CHECKING SERVICES OCCUR, COUNTIES, MUNICIPALITIES, OR OTHER ENTITIES
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 AUTHORIZED DRUG CHECKING
SERVICES, IN ACCORDANCE WITH ESTABLISHED PROTOCOLS; OR
(E) to a duly authorized agent of an incorporated society for the
prevention of cruelty to animals or a municipal animal control facility
for the limited purpose of buying, possessing, and dispensing to regis-
tered and certified personnel, ketamine hydrochloride to anesthetize
animals and/or sodium pentobarbital to euthanize animals, including but
not limited to dogs and cats. The department shall, consistent with the
public interest, register such duly authorized agent and such agent
shall file, on a quarterly basis, a report of purchase, possession, and
use of ketamine hydrochloride and/or sodium pentobarbital, which report
shall be certified by the society for the prevention of cruelty to
animals or municipal animal control facility as to its accuracy and
validity. This report shall be in addition to any other record keeping
and reporting requirements of state and federal law and regulation. The
department shall adopt rules and regulations providing for the registra-
tion and certification of any individual who, under the direction of the
duly authorized and registered agent of an incorporated society for the
prevention of cruelty to animals, or municipal animal control facility,
uses ketamine hydrochloride to anesthetize animals and/or sodium pento-
barbital to euthanize animals, including but not limited to dogs and
cats. The department may also adopt such other rules and regulations as
shall provide for the safe and efficient use of ketamine hydrochloride
and/or sodium pentobarbital by incorporated societies for the prevention
of cruelty to animals and animal control facilities. Nothing in this
paragraph shall be deemed to waive any other requirement imposed on
incorporated societies for the prevention of cruelty to animals and
animal control facilities by state and federal law and regulation.
§ 3. This act shall take effect immediately; provided, however, that
subdivisions four and eight of section 507 of the public health law, as
added by section one of this act, shall take effect on the ninetieth day
after it shall have become a law.
