Bill Text: NY A07487 | 2023-2024 | General Assembly | Amended
Bill Title: Establishes through the department of health, in conjunction with the office of addiction services and supports, a drug checking services program to allow individuals to bring drugs or controlled substances and have them tested for contaminants, toxic substances, or hazardous compounds.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced) 2024-01-30 - print number 7487a [A07487 Detail]
Download: New_York-2023-A07487-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7487--A 2023-2024 Regular Sessions IN ASSEMBLY May 25, 2023 ___________ Introduced by M. of A. KELLES, GONZALEZ-ROJAS, FORREST, McDONALD -- 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 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: 1 Section 1. The public health law is amended by adding a new section 2 3309-c to read as follows: 3 § 3309-c. Drug checking services program. 1. The department, in 4 conjunction with the office of addiction services and supports, shall 5 establish a program to provide, or authorize a local government to 6 provide, or both, drug checking services to assist individuals in deter- 7 mining whether a drug or controlled substance contains contaminants, 8 toxic substances, or hazardous compounds. 9 2. In providing drug checking services, the department, in conjunction 10 with the office of addiction services and supports, or an authorized 11 local government shall: 12 (a) provide information and harm reduction advice to help individuals 13 make informed decisions about drug use; 14 (b) test any drug or substance that an individual presents for check- 15 ing to ascertain the composition and likely identity of such drug or 16 substance; 17 (c) advise the individual who presented a drug or substance for check- 18 ing of the results of the testing; 19 (d) return the drug or substance to the individual who presented such 20 drug or substance for checking; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09638-06-4A. 7487--A 2 1 (e) dispose of or arrange for the disposal of, any sample of a drug or 2 substance used in testing and any drug or substance surrendered by any 3 individual for disposal; and 4 (f) if necessary, arrange for a sample of a drug or substance to be 5 tested by a department approved laboratory. 6 3. The department, in conjunction with the office of addiction 7 services and supports, shall acquire the necessary equipment to provide 8 drug checking services, including but not limited to, chemical screening 9 devices such as infrared spectrophotometers, mass spectrometers, nuclear 10 magnetic resonance spectrometers, raman spectrophotometers, or ion 11 mobility spectrometers. 12 4. Employees, contractors, and volunteers of the department or the 13 office of addiction services and supports, directors, managers, employ- 14 ees, contractors, and volunteers of an organization providing drug 15 checking services, owners of properties where drug checking services 16 occur, local governments authorized by the department, and individuals 17 presenting drugs or substances for checking, acting in the course and 18 scope of employment or engaged in good faith in the provision of drug 19 checking services, in accordance with established protocols, shall not 20 be subject to: 21 (a) arrest, charges, or prosecution pursuant to this article or any 22 violation or misdemeanor, including for attempting, aiding and abetting, 23 or conspiracy to commit a violation or misdemeanor pursuant to article 24 two hundred twenty of the penal law; or 25 (b) a civil or administrative penalty or liability of any kind, or 26 disciplinary action by a professional licensing board, for conduct 27 relating to the provision of drug checking services unless such conduct 28 was performed in a negligent manner or in bad faith. 29 5. The department, the office of addiction services and supports, and 30 local governments authorized by the department shall not collect, main- 31 tain, use, or disclose any personal information relating to an individ- 32 ual from whom the department or local government receives any drug or 33 substance for checking or disposal. 34 6. The result of any test carried out by the department, the office of 35 addiction services and supports, or an authorized local government in 36 relation to any drug or substance presented for checking shall not be 37 admissible as evidence in any criminal or civil proceedings against the 38 individual from whom the drug or substance was received, unless submit- 39 ted by such individual. 40 § 2. This act shall take effect on the ninetieth day after it shall 41 have become a law. Effective immediately, the addition, amendment, 42 and/or repeal of any rule or regulation necessary for the implementation 43 of this act on its effective date are authorized to be made and 44 completed on or before such effective date.
