Assembly Bill A5005

2023-2024 Legislative Session

Establishes the fentanyl and xylazine test strip program

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-A5005 (ACTIVE) - Details

See Senate Version of this Bill:
S5671
Current Committee:
Assembly Ways And Means
Law Section:
Mental Hygiene Law
Laws Affected:
Add §19.46, Ment Hyg L

2023-A5005 (ACTIVE) - Summary

Provides free fentanyl test strips to individuals at specified distribution facilities; requires a public awareness campaign on the dangers of fentanyl and the provision of the test strips.

2023-A5005 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5005
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Alcoholism and Drug Abuse
 
 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
 A. 5005                             2

co-Sponsors

2023-A5005A - Details

See Senate Version of this Bill:
S5671
Current Committee:
Assembly Ways And Means
Law Section:
Mental Hygiene Law
Laws Affected:
Add §19.46, Ment Hyg L

2023-A5005A - Summary

Provides free fentanyl test strips to individuals at specified distribution facilities; requires a public awareness campaign on the dangers of fentanyl and the provision of the test strips.

2023-A5005A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5005--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by  M. of A. STECK, ZACCARO -- read once and referred to the
   Committee on Alcoholism and Drug Abuse -- committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the mental hygiene law, in relation to establishing  the
   fentanyl and xylazine 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 AND XYLAZINE 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  AND  XYLAZINE  TEST STRIPS TO DETECT THE PRESENCE OF XYLAZINE.
 THE FOLLOWING FACILITIES MAY APPLY TO DISTRIBUTE SUCH FENTANYL AND XYLA-
 ZINE 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 PARAGRAPH FIVE  OF  SUBDIVISION
 (A) 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  FENTANYL  AND/OR  XYLAZINE  TEST  STRIPS  AT  THE  AUTHORIZED
 DISTRIBUTION FACILITIES PURSUANT TO SUBDIVISION 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05428-02-3

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