NY State Senate Bill 2023-S2099A

Current Bill Status - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 17, 2023	approval memo.28 signed chap.654
Nov 13, 2023	delivered to governor
Jun 05, 2023	returned to senate passed assembly ordered to third reading rules cal.508 substituted for a5200b
May 30, 2023	referred to health returned to assembly repassed senate
May 18, 2023	amended on third reading 2099c
May 18, 2023	vote reconsidered - restored to third reading returned to senate recalled from assembly
May 17, 2023	referred to health delivered to assembly passed senate
May 15, 2023	advanced to third reading
May 10, 2023	2nd report cal.
May 09, 2023	1st report cal.833
Apr 11, 2023	print number 2099b
Apr 11, 2023	amend and recommit to finance
Mar 08, 2023	reported and committed to finance
Feb 28, 2023	print number 2099a
Feb 28, 2023	amend and recommit to alcoholism and substance use disorders
Jan 18, 2023	referred to alcoholism and substance use disorders

Votes

- May 30, 2023 - Floor Vote
  S2099A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 30, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      excused (2)
      
      Cooney
      
      Weik
  May 17, 2023 - Floor Vote
  S2099A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 17, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Cooney
      
      Gounardes
  May 9, 2023 - Finance Committee Vote
  S2099A
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: May 9, 2023
      
      aye (21)
      
      Bailey
      
      Borrello
      
      Breslin
      
      Comrie
      
      Cooney
      
      Gallivan
      
      Gounardes
      
      Griffo
      
      Hinchey
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Liu
      
      Martins
      
      O'Mara
      
      Oberacker
      
      Rivera
      
      Salazar
      
      Skoufis
      
      Stavisky
      
      Thomas
      
      absent (1)
      
      Parker
  Mar 8, 2023 - Alcoholism And Substance Use Disorders Committee Vote
  S2099A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Alcoholism And Substance Use Disorders Committee Vote: Mar 8, 2023
      
      aye (7)
      
      Fernandez
      
      Harckham
      
      Martinez
      
      Oberacker
      
      Rivera
      
      Rolison
      
      Ryan

Bill Amendments

Original

C (Active)

co-Sponsors

2023-S2099 - Details

Law Section:: Public Health Law
Laws Affected:: Add §3309-c, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S9616

2023-S2099 - Summary

Enacts Matthew's law which provides for the dispensing of drug adulterant testing supplies by health care professionals or pharmacists to any person.

2023-S2099 - Sponsor Memo

                                 
BILL NUMBER: S2099

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the public health law, in relation to enacting
"Matthew's law"

 
PURPOSE::

To establish "Matthew's Law", requires dispensing of fentanyl testing
supplies.

 
SUMMARY OF PROVISIONS::

Section 1 titles the bill "Matthew's Law"

Section 2 amends the public health law by adding a new section to 3309-b
to authorize pharmacists to dispense drug adulterant testing supplies.
Testing supplies shall be stored at a licensed pharmacy, hospital, clin-
ic, or other health care facility in a manner that limits access to
health care professionals. Retail stores containing pharmacies may

dispense testing supplies from the pharmacy department only. No quantity
of drug adulterant testing supplies greater than necessary to conduct
five assays of substances shall be dispensed in a single transaction.

Section 2 states the effective date.

 
JUSTIFICATION:

"Matthew's Law" honors the memory of Matthew Horan, a Westchester resi-
dent with substance use disorder who died at age 30 of a fentanyl over-
dose in November of 2020. His sister, Kailey Horan, has requested New
York find a way to make fentanyl testing kits accessible to procure
after her brother ingested the drug unknowingly.

In 2021, fentanyl overdoses made up 87.8% of all opioid deaths(1). Just
two milligrams of fentanyl can be considered a lethal dose the equiv-
alent to 10 grains of kitchen salt.

Fentanyl overdose is now the leading cause of death among Americans aged
18 to 45-ahead of suicide, COVID-19, and car accidents, according to
data from the Centers for Disease Control and Prevention (CDC).

Fentanyl testing strips have been endorsed by the CDC as an effective
overdose prevention strategy in the fight to save lives from drug
overdoses(2).

In 2021, for the first time in history, the Biden administration allowed
federal grant money to be used to purchase fentanyl test strips. We must
be doing everything we can to follow suit in destigmatizing testing
strips.

New York made impactful change by issuing a standing order for pharma-
cies to carry Narcan, a life saving tool that reverses potentially
lethal overdoses from opioids. By providing both Narcan and fentanyl
testing strips we can give New Yorkers struggling with addiction all of
the resources they need to stop drug overdose deaths.

 
LEGISLATIVE HISTORY::

2021-2022: S9616 - Died in Rules

 
FISCAL IMPLICATIONS::

To be determined.

 
EFFECTIVE DATE::

This act shall take effect on the thirtieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.

(1) https://usafacts.org/articlesiare-fentanyl- overdose-deaths-rising-
in-the-us/?utm _source=dynamic &utm medium=rss

2 fittps://www.cdc.aovistoDoverdose/fentanyl/ fentanyl-test-strids.html

2023-S2099 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2099
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Alcoholism  and  Substance
   Abuse
 
 AN  ACT  to  amend  the  public  health  law,  in  relation  to enacting
   "Matthew's law"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 "Matthew's law".
   § 2. The public health law is amended by adding a new  section  3309-b
 to read as follows:
   § 3309-B. DISPENSING  OF  DRUG ADULTERANT TESTING SUPPLIES. 1. AS USED
 IN THIS SECTION:
   (A) "DRUG ADULTERANT TESTING SUPPLIES" MEANS ANY DRUG TESTING  PRODUCT
 THAT IS USED TO DETERMINE WHETHER A CONTROLLED SUBSTANCE CONTAINS FENTA-
 NYL OR A FENTANYL ANALOG.
   (B)  "HEALTH CARE PROFESSIONAL" MEANS A PERSON LICENSED, REGISTERED OR
 AUTHORIZED PURSUANT TO TITLE EIGHT OF THE  EDUCATION  LAW  TO  PRESCRIBE
 PRESCRIPTION DRUGS.
   (C)  "PHARMACIST"  MEANS  A  PERSON LICENSED OR AUTHORIZED TO PRACTICE
 PHARMACY PURSUANT TO ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION
   LAW.
   2. A HEALTH CARE PROFESSIONAL OR PHARMACIST SHALL DISPENSE DRUG  ADUL-
 TERANT  TESTING  SUPPLIES  TO  ANY  PERSON.  ANY DRUG ADULTERANT TESTING
 SUPPLIES DISPENSED UNDER THIS SECTION SHALL  BE  STORED  AT  A  LICENSED
 PHARMACY,  HOSPITAL,  CLINIC,  OR  OTHER  HEALTH CARE FACILITY OR AT THE
 MEDICAL OFFICE OF A HEALTH CARE PROFESSIONAL AND IN A MANNER THAT LIMITS
 ACCESS TO THE DRUG ADULTERANT TESTING SUPPLIES TO  HEALTH  CARE  PROFES-
 SIONALS  OR  PHARMACISTS  EMPLOYED AT THE PHARMACY, HOSPITAL, CLINIC, OR
 OTHER HEALTH CARE FACILITY OR MEDICAL OFFICE AND ANY PERSONS  DESIGNATED
 BY  THE  HEALTH CARE PROFESSIONAL OR PHARMACIST. DRUG ADULTERANT TESTING

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01425-01-3

 S. 2099                             2
 
 SUPPLIES DISPENSED AT A RETAIL STORE CONTAINING A  PHARMACY  UNDER  THIS
 SECTION  SHALL  BE  DISPENSED  ONLY  FROM THE PHARMACY DEPARTMENT OF THE
 RETAIL STORE. NO QUANTITY OF DRUG ADULTERANT  TESTING  SUPPLIES  GREATER
 THAN  NECESSARY  TO  CONDUCT  FIVE  ASSAYS  OF  SUBSTANCES  SUSPECTED OF
 CONTAINING ADULTERANTS SHALL BE DISPENSED IN ANY SINGLE TRANSACTION.
   3. THE COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS  NECES-
 SARY FOR THE IMPLEMENTATION OF THIS SECTION.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

co-Sponsors

2023-S2099A - Details

Law Section:: Public Health Law
Laws Affected:: Add §3309-c, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S9616

2023-S2099A - Summary

Enacts Matthew's law which provides for the dispensing of drug adulterant testing supplies by health care professionals or pharmacists to any person.

2023-S2099A - Sponsor Memo

                                 
BILL NUMBER: S2099A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the public health law, in relation to enacting
"Matthew's law"

 
PURPOSE:

To establish "Matthew's Law", requires dispensing of fentanyl testing
supplies.

 
SUMMARY OF PROVISIONS:

Section 1 titles the bill "Matthew's Law"

Section 2 amends the public health law by adding a new section to 3309-b
to authorize pharmacists to dispense drug adulterant testing supplies.
Testing supplies shall be stored at a licensed pharmacy, hospital, clin-
ic, or other health care facility in a manner that limits access to
health care professionals. Retail stores containing pharmacies may

dispense testing supplies from the pharmacy department only. No quantity
of drug adulterant testing supplies greater than necessary to conduct
five assays of substances shall be dispensed in a single transaction.

Section 2 states the effective date.

 
JUSTIFICATION:

"Matthew's Law" honors the memory of Matthew Horan, a Westchester resi-
dent with substance use disorder who died at age 30 of a fentanyl over-
dose in November of 2020. His sister, Kailey Horan, has requested New
York find a way to make fentanyl testing kits accessible to procure
after her brother ingested the drug unknowingly.

In 2021, fentanyl overdoses made up 87.8% of all opioid deaths'. Just
two milligrams of fentanyl can be considered a lethal dose- the equiv-
alent to 10 grains of kitchen salt.

Fentanyl overdose is now the leading cause of death among Americans aged
18 to 45- ahead of suicide, COVID-19, and car accidents, according to
data from the Centers for Disease Control and Prevention (CDC).

Fentanyl testing strips have been endorsed by the CDC as an effective
overdose prevention strategy in the fight to save lives from drug over-
doses 2.

In 2021, for the first time in history, the Biden administration allowed
federal grant money to be used to purchase fentanyl test strips. We must
be doing everything we can to follow suit in destigmatizing testing
strips.

New York made impactful change by issuing a standing order for pharma-
cies to carry Narcan, a life saving tool that reverses potentially
lethal overdoses from opioids. By providing both Narcan and fentanyl
testing strips we can give New Yorkers struggling with addiction all of
the resources they need to stop drug overdose deaths.

 
LEGISLATIVE HISTORY:

2021-2022: S9616 - Died in Rules

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
1 https://usafacts,org/articles /are-fentanykoverdose-deaths-rising-in-
the- us/?utm source=dynamic &utm medium=rss
2 httos://www.cdc,gov/stopoverdose/fentanyl /fentanyl-test-strios.html

2023-S2099A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2099--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by Sens. HARCKHAM, COONEY -- read twice and ordered printed,
   and when printed to be committed to the Committee  on  Alcoholism  and
   Substance   Abuse  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT  to  amend  the  public  health  law,  in  relation  to  enacting
   "Matthew's law"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Matthew's law".
   §  2.  The public health law is amended by adding a new section 3309-c
 to read as follows:
   § 3309-C. DISPENSING OF DRUG ADULTERANT TESTING SUPPLIES. 1.  AS  USED
 IN THIS SECTION:
   (A)  "DRUG ADULTERANT TESTING SUPPLIES" MEANS ANY DRUG TESTING PRODUCT
 THAT IS USED TO DETERMINE WHETHER A CONTROLLED SUBSTANCE CONTAINS FENTA-
 NYL OR A FENTANYL ANALOG.
   (B) "HEALTH CARE PROFESSIONAL" MEANS A PERSON LICENSED, REGISTERED  OR
 AUTHORIZED  PURSUANT  TO  TITLE  EIGHT OF THE EDUCATION LAW TO PRESCRIBE
 PRESCRIPTION DRUGS.
   (C) "PHARMACIST" MEANS A PERSON LICENSED  OR  AUTHORIZED  TO  PRACTICE
 PHARMACY PURSUANT TO ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION
   LAW.
   2.  A HEALTH CARE PROFESSIONAL OR PHARMACIST IS AUTHORIZED TO DISPENSE
 DRUG ADULTERANT TESTING SUPPLIES TO  ANY  PERSON.  ANY  DRUG  ADULTERANT
 TESTING  SUPPLIES  DISPENSED  UNDER  THIS  SECTION  SHALL BE STORED AT A
 LICENSED PHARMACY, HOSPITAL, CLINIC, OR OTHER HEALTH CARE FACILITY OR AT
 THE MEDICAL OFFICE OF A HEALTH CARE PROFESSIONAL AND IN  A  MANNER  THAT
 LIMITS  ACCESS  TO  THE  DRUG ADULTERANT TESTING SUPPLIES TO HEALTH CARE
 PROFESSIONALS OR PHARMACISTS EMPLOYED AT THE PHARMACY, HOSPITAL, CLINIC,
 OR OTHER HEALTH CARE FACILITY OR MEDICAL OFFICE AND ANY  PERSONS  DESIG-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01425-03-3

 S. 2099--A                          2
 
 NATED  BY  THE  HEALTH  CARE PROFESSIONAL OR PHARMACIST. DRUG ADULTERANT
 TESTING SUPPLIES DISPENSED AT A RETAIL STORE CONTAINING A PHARMACY UNDER
 THIS SECTION SHALL BE DISPENSED ONLY FROM THE PHARMACY DEPARTMENT OF THE
 RETAIL  STORE.  NO  QUANTITY OF DRUG ADULTERANT TESTING SUPPLIES GREATER
 THAN NECESSARY  TO  CONDUCT  FIVE  ASSAYS  OF  SUBSTANCES  SUSPECTED  OF
 CONTAINING ADULTERANTS SHALL BE DISPENSED IN ANY SINGLE TRANSACTION.
   3.  THE COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS NECES-
 SARY FOR THE IMPLEMENTATION OF THIS SECTION.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

co-Sponsors

2023-S2099B - Details

Law Section:: Public Health Law
Laws Affected:: Add §3309-c, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S9616

2023-S2099B - Summary

Enacts Matthew's law which provides for the dispensing of drug adulterant testing supplies by health care professionals or pharmacists to any person.

2023-S2099B - Sponsor Memo

                                 
BILL NUMBER: S2099B

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the public health law, in relation to enacting
"Matthew's law"

 
PURPOSE:

To establish "Matthew's Law", requires dispensing of fentanyl testing
supplies.

 
SUMMARY OF PROVISIONS:

Section 1 titles the bill "Matthew's Law"

Section 2 amends the public health law by adding a new section to 3309-b
to authorize pharmacists to dispense drug adulterant testing supplies.
Testing supplies shall be stored at a licensed pharmacy, hospital, clin-
ic, or other health care facility in a manner that limits access to
health care professionals. Retail stores containing pharmacies may

dispense testing supplies from the pharmacy department only. No quantity
of drug adulterant testing supplies greater than necessary to conduct
five assays of substances shall be dispensed in a single transaction.

Section 2 states the effective date.

 
JUSTIFICATION:

"Matthew's Law" honors the memory of Matthew Horan, a Westchester resi-
dent with substance use disorder who died at age 30 of a fentanyl over-
dose in November of 2020. His sister, Kailey Horan, has requested New
York find a way to make fentanyl testing kits accessible to procure
after her brother ingested the drug unknowingly.

In 2021, fentanyl overdoses made up 87.8% of all opioid deaths.(1) Just
two milligrams of fentanyl can be considered a lethal dose- the equiv-
alent to 10 grains of kitchen salt.

Fentanyl overdose is now the leading cause of death among Americans aged
18 to 45- ahead of suicide, COVID-19, and car accidents, according to
data from the Centers for Disease Control and Prevention (CDC).

According to the New York State Department of Health, xylazine, or
"tranq" is a drug that has been increasingly found in the illicit drug
supply. This drug is incredibly dangerous, as it can intensify the
effects of other drugs such as opioids, and complicate opioid overdose
as treatment as naloxone cannot treat the effects of xylazine.

Drug adulterant testing strips have been endorsed by the CDC as an
effective overdose prevention strategy in the fight to save lives from
drug overdoses. (2) Xylazine test strips are a more recent development,
and research has shown they can reliably detect the presence of xylazine
in a drug sample. (3)

In 2021, for the first time in history, the Biden administration allowed
federal grant money to be used to purchase fentanyl test strips. We must

be doing everything we can to follow suit in destigmatizing testing
strips.

New York made impactful change by issuing a standing order for pharma-
cies to carry Narcan, a life saving tool that reverses potentially
lethal overdoses from opioids. By providing both Narcan and testing
strips we can give New Yorkers struggling with addiction all of the
resources they need to stop drug overdose deaths.

 
LEGISLATIVE HISTORY:

2021-2022: S9616 - Died in Rules

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
1  
HTTPS://USAFACTS.ORG/ARTICLES/ARE-FENTANYL-OVERDOSE-DEATHS-
RISING-IN-THE-US/?UTM_SOURCE=DYNAMIC&UTM_MEDIUM=RSS
2 HTTPS://WWW.CDC.GOV/STOPOVERDOSE/FENTANYL/FENTANYL-TEST-STRIPS.HTML
3 HTTPS://WWW.CFSRE.ORG/IMAGES/CONTENT/REPORTS/DRUG_CHECKING/
CFSRE_XYLAZINE_REPORT-REV-1-18-23.PDF

2023-S2099B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2099--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by Sens. HARCKHAM, COONEY -- read twice and ordered printed,
   and when printed to be committed to the Committee  on  Alcoholism  and
   Substance   Abuse  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to  said  committee  --  reported
   favorably  from  said  committee  and  committed  to  the Committee on
   Finance -- committee discharged, bill amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend  the  public  health  law,  in  relation  to enacting
   "Matthew's law"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 "Matthew's law".
   § 2. The public health law is amended by adding a new  section  3309-c
 to read as follows:
   § 3309-C. DISPENSING  OF  DRUG ADULTERANT TESTING SUPPLIES. 1. AS USED
 IN THIS SECTION:
   (A) "DRUG ADULTERANT TESTING SUPPLIES" MEANS ANY DRUG TESTING  PRODUCT
 THAT IS USED TO DETERMINE WHETHER A CONTROLLED SUBSTANCE CONTAINS FENTA-
 NYL, A FENTANYL ANALOG, OR XYLAZINE.
   (B)  "HEALTH CARE PROFESSIONAL" MEANS A PERSON LICENSED, REGISTERED OR
 AUTHORIZED PURSUANT TO TITLE EIGHT OF THE  EDUCATION  LAW  TO  PRESCRIBE
 PRESCRIPTION DRUGS.
   (C)  "PHARMACIST"  MEANS  A  PERSON LICENSED OR AUTHORIZED TO PRACTICE
 PHARMACY PURSUANT TO ARTICLE ONE HUNDRED THIRTY-SEVEN OF  THE  EDUCATION
 LAW.
   2.  A HEALTH CARE PROFESSIONAL OR PHARMACIST IS AUTHORIZED TO DISPENSE
 DRUG ADULTERANT TESTING SUPPLIES TO  ANY  PERSON.  ANY  DRUG  ADULTERANT
 TESTING  SUPPLIES  DISPENSED  UNDER  THIS  SECTION  SHALL BE STORED AT A
 LICENSED PHARMACY, HOSPITAL, CLINIC, OR OTHER HEALTH CARE FACILITY OR AT
 THE MEDICAL OFFICE OF A HEALTH CARE PROFESSIONAL AND IN  A  MANNER  THAT

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01425-05-3

 S. 2099--B                          2
 
 LIMITS  ACCESS  TO  THE  DRUG ADULTERANT TESTING SUPPLIES TO HEALTH CARE
 PROFESSIONALS OR PHARMACISTS EMPLOYED AT THE PHARMACY, HOSPITAL, CLINIC,
 OR OTHER HEALTH CARE FACILITY OR MEDICAL OFFICE AND ANY  PERSONS  DESIG-
 NATED  BY  THE  HEALTH  CARE PROFESSIONAL OR PHARMACIST. DRUG ADULTERANT
 TESTING SUPPLIES DISPENSED AT A RETAIL STORE CONTAINING A PHARMACY UNDER
 THIS SECTION SHALL BE DISPENSED ONLY FROM THE PHARMACY DEPARTMENT OF THE
 RETAIL STORE. NO QUANTITY OF DRUG ADULTERANT  TESTING  SUPPLIES  GREATER
 THAN  NECESSARY  TO  CONDUCT  FIVE  ASSAYS  OF  SUBSTANCES  SUSPECTED OF
 CONTAINING ADULTERANTS SHALL BE DISPENSED IN ANY SINGLE TRANSACTION.
   3. THE COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS  NECES-
 SARY FOR THE IMPLEMENTATION OF THIS SECTION.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

co-Sponsors

2023-S2099C (ACTIVE) - Details

Law Section:: Public Health Law
Laws Affected:: Add §3309-c, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S9616

2023-S2099C (ACTIVE) - Summary

Enacts Matthew's law which provides for the dispensing of drug adulterant testing supplies by health care professionals or pharmacists to any person.

2023-S2099C (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2099C

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the public health law, in relation to enacting
"Matthew's law"

 
PURPOSE:

To establish "Matthew's Law", requires dispensing of fentanyl testing
supplies.

 
SUMMARY OF PROVISIONS:

Section 1 titles the bill "Matthew's Law"

Section 2 amends the public health law by adding a new section to 3309-b
to authorize pharmacists to dispense drug adulterant testing supplies.
Testing supplies shall be stored at a licensed pharmacy, hospital, clin-
ic, or other health care facility in a manner that limits access to
health care professionals. Retail stores containing pharmacies may

dispense testing supplies from the pharmacy department only. No quantity
of drug adulterant testing supplies greater than necessary to conduct
five assays of substances shall be dispensed in a single transaction.

Section 2 states the effective date.

 
JUSTIFICATION:

"Matthew's Law" honors the memory of Matthew Horan, a Westchester resi-
dent with substance use disorder who died at age 30 of a fentanyl over-
dose in November of 2020. His sister, Kailey Horan, has requested New
York find a way to make fentanyl testing kits accessible to procure
after her brother ingested the drug unknowingly.

In 2021, fentanyl overdoses made up 87.8% of all opioid deaths(1). Just
two milligrams of fentanyl can be considered a lethal dose- the equiv-
alent to 10 grains of kitchen salt.

Fentanyl overdose is now the leading cause of death among Americans aged
18 to 45- ahead of suicide, COVID-19, and car accidents, according to
data from the Centers for Disease Control and Prevention (CDC).

In 2021, for the first time in history, the Biden administration allowed
federal grant money to be used to purchase fentanyl test strips. We must
be doing everything we can to follow suit in destigmatizing testing
strips.

New York made impactful change by issuing a standing order for pharma-
cies to carry Narcan, a life saving tool that reverses potentially
lethal overdoses from opioids. By providing both Narcan and testing
strips we can give New Yorkers struggling with addiction all of the
resources they need to stop drug overdose deaths.

 
LEGISLATIVE HISTORY:

2021-2022: S9616 - Died in Rules

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
(1) https://usafacts.org/articles/are-fentenyl-overdose-deaths-rising-
in-the-us/?utm_source=dynamic&utm_medium=rss
(2) HTTPS://WWW.CDC.GOV/STOPOVERDOSE/FENTANYL/FENTANYL-TEST-STRIPS.HTML

2023-S2099C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2099--C
     Cal. No. 833
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by Sens. HARCKHAM, COONEY -- read twice and ordered printed,
   and when printed to be committed to the Committee  on  Alcoholism  and
   Substance   Abuse  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to  said  committee  --  reported
   favorably  from  said  committee  and  committed  to  the Committee on
   Finance -- committee discharged, bill amended,  ordered  reprinted  as
   amended  and  recommitted to said committee -- reported favorably from
   said committee, ordered to first and second report, ordered to a third
   reading, passed by Senate and delivered  to  the  Assembly,  recalled,
   vote  reconsidered,  restored  to  third  reading, amended and ordered
   reprinted, retaining its place in the order of third reading
 
 AN ACT  to  amend  the  public  health  law,  in  relation  to  enacting
   "Matthew's law"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Matthew's law".
   §  2.  The public health law is amended by adding a new section 3309-b
 to read as follows:
   § 3309-B. DISPENSING OF DRUG ADULTERANT TESTING SUPPLIES. 1.  AS  USED
 IN THIS SECTION:
   (A)  "DRUG ADULTERANT TESTING SUPPLIES" MEANS ANY DRUG TESTING PRODUCT
 THAT IS USED TO DETERMINE WHETHER A CONTROLLED SUBSTANCE CONTAINS FENTA-
 NYL OR A FENTANYL ANALOG.
   (B) "HEALTH CARE PROFESSIONAL" MEANS A PERSON LICENSED, REGISTERED  OR
 AUTHORIZED  PURSUANT  TO  TITLE  EIGHT OF THE EDUCATION LAW TO PRESCRIBE
 PRESCRIPTION DRUGS.
   (C) "PHARMACIST" MEANS A PERSON LICENSED  OR  AUTHORIZED  TO  PRACTICE
 PHARMACY  PURSUANT  TO ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION
 LAW.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01425-07-3

 S. 2099--C                          2
 
   2. A HEALTH CARE PROFESSIONAL OR PHARMACIST IS AUTHORIZED TO  DISPENSE
 DRUG  ADULTERANT  TESTING  SUPPLIES  TO  ANY PERSON. ANY DRUG ADULTERANT
 TESTING SUPPLIES DISPENSED UNDER THIS  SECTION  SHALL  BE  STORED  AT  A
 LICENSED PHARMACY, HOSPITAL, CLINIC, OR OTHER HEALTH CARE FACILITY OR AT
 THE  MEDICAL  OFFICE  OF A HEALTH CARE PROFESSIONAL AND IN A MANNER THAT
 LIMITS ACCESS TO THE DRUG ADULTERANT TESTING  SUPPLIES  TO  HEALTH  CARE
 PROFESSIONALS OR PHARMACISTS EMPLOYED AT THE PHARMACY, HOSPITAL, CLINIC,
 OR  OTHER  HEALTH CARE FACILITY OR MEDICAL OFFICE AND ANY PERSONS DESIG-
 NATED BY THE HEALTH CARE PROFESSIONAL  OR  PHARMACIST.  DRUG  ADULTERANT
 TESTING SUPPLIES DISPENSED AT A RETAIL STORE CONTAINING A PHARMACY UNDER
 THIS SECTION SHALL BE DISPENSED ONLY FROM THE PHARMACY DEPARTMENT OF THE
 RETAIL  STORE.  NO  QUANTITY OF DRUG ADULTERANT TESTING SUPPLIES GREATER
 THAN NECESSARY  TO  CONDUCT  FIVE  ASSAYS  OF  SUBSTANCES  SUSPECTED  OF
 CONTAINING ADULTERANTS SHALL BE DISPENSED IN ANY SINGLE TRANSACTION.
   3.  THE COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS NECES-
 SARY FOR THE IMPLEMENTATION OF THIS SECTION.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

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Senate Bill S2099A

Sponsored By

Current Bill Status - Signed by Governor

May 30, 2023 - Floor Vote

Floor Vote: May 30, 2023

May 17, 2023 - Floor Vote

Floor Vote: May 17, 2023

May 9, 2023 - Finance Committee Vote

Finance Committee Vote: May 9, 2023

Mar 8, 2023 - Alcoholism And Substance Use Disorders Committee Vote

Alcoholism And Substance Use Disorders Committee Vote: Mar 8, 2023

Bill Amendments

co-Sponsors

2023-S2099 - Details

2023-S2099 - Summary

2023-S2099 - Sponsor Memo

2023-S2099 - Bill Text download pdf

co-Sponsors

2023-S2099A - Details

2023-S2099A - Summary

2023-S2099A - Sponsor Memo

2023-S2099A - Bill Text download pdf

co-Sponsors

2023-S2099B - Details

2023-S2099B - Summary

2023-S2099B - Sponsor Memo

2023-S2099B - Bill Text download pdf

co-Sponsors

2023-S2099C (ACTIVE) - Details

2023-S2099C (ACTIVE) - Summary

2023-S2099C (ACTIVE) - Sponsor Memo

2023-S2099C (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2099A

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Sponsored By

Pete Harckham

Current Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

Jeremy A. Cooney

2023-S2099 - Details

2023-S2099 - Summary

2023-S2099 - Sponsor Memo

2023-S2099 - Bill Text download pdf

co-Sponsors

Jeremy A. Cooney

2023-S2099A - Details

2023-S2099A - Summary

2023-S2099A - Sponsor Memo

2023-S2099A - Bill Text download pdf

co-Sponsors

Jeremy A. Cooney

2023-S2099B - Details

2023-S2099B - Summary

2023-S2099B - Sponsor Memo

2023-S2099B - Bill Text download pdf

co-Sponsors

Jeremy A. Cooney

Sean M. Ryan

2023-S2099C (ACTIVE) - Details

2023-S2099C (ACTIVE) - Summary

2023-S2099C (ACTIVE) - Sponsor Memo

2023-S2099C (ACTIVE) - Bill Text download pdf

Comments