NY State Senate Bill 2023-S4880C

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 04, 2024	referred to codes delivered to assembly passed senate
May 28, 2024	amended on third reading 4880c
May 08, 2024	advanced to third reading
May 07, 2024	2nd report cal.
May 06, 2024	1st report cal.918
Apr 17, 2024	reported and committed to finance
Jan 26, 2024	print number 4880b
Jan 26, 2024	amend and recommit to health
Jan 03, 2024	referred to health
Mar 06, 2023	print number 4880a
Mar 06, 2023	amend and recommit to health
Feb 16, 2023	referred to health

Votes

- Jun 4, 2024 - Floor Vote
  S4880C
  
  40
  
  Aye
  
  21
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 4, 2024
      
      aye (40)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Liu
      
      Mannion
      
      May
      
      Mayer
      
      Myrie
      
      Oberacker
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      nay (21)
      
      Ashby
      
      Borrello
      
      Canzoneri-Fitzpatrick
      
      Felder
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      Martinez
      
      Martins
      
      Mattera
      
      Murray
      
      O'Mara
      
      Ortt
      
      Palumbo
      
      Rhoads
      
      Skoufis
      
      Stec
      
      Tedisco
      
      Weber
      
      Weik
      
      excused (1)
      
      Walczyk
  Apr 16, 2024 - Health Committee Vote
  S4880C
  
  8
  
  Aye
  
  3
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Apr 16, 2024
      
      aye (8)
      
      Brouk
      
      Hoylman-Sigal
      
      Mannion
      
      May
      
      Myrie
      
      Rivera
      
      Salazar
      
      Webb
      
      nay (3)
      
      Ashby
      
      Felder
      
      Martins
      
      aye wr (3)
      
      Rhoads
      
      Stec
      
      Thomas
      
      excused (1)
      
      Gallivan
  May 6, 2024 - Finance Committee Vote
  S4880C
  
  14
  
  Aye
  
  1
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: May 6, 2024
      
      aye (14)
      
      Bailey
      
      Breslin
      
      Comrie
      
      Cooney
      
      Gounardes
      
      Hinchey
      
      Hoylman-Sigal
      
      Krueger
      
      Liu
      
      Oberacker
      
      Parker
      
      Rivera
      
      Salazar
      
      Stavisky
      
      nay (1)
      
      Gallivan
      
      aye wr (5)
      
      Borrello
      
      Griffo
      
      Martins
      
      Skoufis
      
      Thomas
      
      excused (1)
      
      O'Mara

Bill Amendments

Original

C (Active)

2023-S4880 - Details

See Assembly Version of this Bill:: A7487
Current Committee:: Assembly Codes
Law Section:: Public Health Law
Laws Affected:: Add §3309-c, Pub Health L

2023-S4880 - Summary

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.

2023-S4880 - Sponsor Memo

                                 
BILL NUMBER: S4880

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the public health law, in relation to establishing a
drug checking services program

 
PURPOSE OR GENERAL IDEA OF BILL:

To create a drug checking services program to assist individuals in
determining whether a drug or controlled substance contains contam-
inants, toxic substances, or hazardous compounds.

 
SUMMARY OF PROVISIONS:

Section 1 establishes the drug checking services program.

Section 2 sets the effective date.

 
JUSTIFICATION:

New York is in the middle of an opioid epidemic. For the past few years,
New York has exceeded national rates of opioid overdose deaths with over
30 individuals per 100,000 dying from drug overdoses. These deaths are
preventable.

In recent years, the opioid crisis has been intensified by substances
such as fentanyl and xylazine being mixed with opioids. Some of these
compounds do not react to life-saving opioid antagonists like naloxone.
To save lives, it is necessary to know what substances an individual may
be coming in contact with. This bill will allow individuals to test
their drugs, without fear of retribution or criminal justice outcomes,
allowing them to make informed decisions about drug use.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth 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 26 of
this act on its effective date are authorized to be made and 27
completed on or before such effective date.

2023-S4880 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4880
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 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:
 
   Section  1.  The  public health law is amended by adding a new section
 3309-c to read as follows:
   § 3309-C. DRUG  CHECKING  SERVICES  PROGRAM.  1.  THE  DEPARTMENT,  IN
 CONJUNCTION  WITH  THE  OFFICE OF ADDICTION SERVICES AND SUPPORTS, SHALL
 ESTABLISH A PROGRAM TO PROVIDE,  OR  AUTHORIZE  A  LOCAL  GOVERNMENT  TO
 PROVIDE, OR BOTH, DRUG CHECKING SERVICES TO ASSIST INDIVIDUALS IN DETER-
 MINING  WHETHER  A  DRUG  OR CONTROLLED SUBSTANCE CONTAINS CONTAMINANTS,
 TOXIC SUBSTANCES, OR HAZARDOUS COMPOUNDS.
   2. IN PROVIDING DRUG CHECKING SERVICES, THE DEPARTMENT, IN CONJUNCTION
 WITH THE OFFICE OF ADDICTION SERVICES AND  SUPPORTS,  OR  AN  AUTHORIZED
 LOCAL GOVERNMENT SHALL:
   (A)  PROVIDE INFORMATION AND HARM REDUCTION ADVICE TO HELP INDIVIDUALS
 MAKE INFORMED DECISIONS ABOUT DRUG USE;
   (B) TEST ANY DRUG OR SUBSTANCE THAT AN INDIVIDUAL PRESENTS FOR  CHECK-
 ING  TO  ASCERTAIN  THE  COMPOSITION AND LIKELY IDENTITY OF SUCH DRUG OR
 SUBSTANCE;
   (C) ADVISE THE INDIVIDUAL WHO PRESENTED A DRUG OR SUBSTANCE FOR CHECK-
 ING OF THE RESULTS OF THE TESTING;
   (D) RETURN THE DRUG OR SUBSTANCE TO THE INDIVIDUAL WHO PRESENTED  SUCH
 DRUG OR SUBSTANCE FOR CHECKING;
   (E) DISPOSE OF OR ARRANGE 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
   (F) IF NECESSARY, ARRANGE FOR A SAMPLE OF A DRUG OR  SUBSTANCE  TO  BE
 TESTED BY A DEPARTMENT APPROVED LABORATORY.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09638-02-3

 S. 4880                             2
 
   3.  THE  DEPARTMENT,  IN  CONJUNCTION  WITH  THE  OFFICE  OF ADDICTION
 SERVICES AND SUPPORTS, SHALL ACQUIRE THE NECESSARY EQUIPMENT TO  PROVIDE
 DRUG CHECKING SERVICES, INCLUDING BUT NOT LIMITED TO, CHEMICAL SCREENING
 DEVICES SUCH AS INFRARED SPECTROPHOTOMETERS, MASS SPECTROMETERS, NUCLEAR
 MAGNETIC  RESONANCE  SPECTROMETERS,  RAMAN  SPECTROPHOTOMETERS,  OR  ION
 MOBILITY SPECTROMETERS.
   4. EMPLOYEES, CONTRACTORS, AND VOLUNTEERS OF  THE  DEPARTMENT  OR  THE
 OFFICE  OF ADDICTION SERVICES AND SUPPORTS, LOCAL GOVERNMENTS 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 DRUG  CHECKING  SERVICES,  IN  ACCORDANCE
 WITH ESTABLISHED PROTOCOLS, SHALL NOT BE SUBJECT TO:
   (A)  ARREST, CHARGES, OR PROSECUTION PURSUANT TO THIS ARTICLE, INCLUD-
 ING FOR ATTEMPTING, AIDING AND  ABETTING,  OR  CONSPIRACY  TO  COMMIT  A
 VIOLATION 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 DRUG CHECKING SERVICES UNLESS SUCH CONDUCT
 WAS PERFORMED IN A NEGLIGENT MANNER OR IN BAD FAITH.
   5. THE DEPARTMENT, THE OFFICE OF ADDICTION SERVICES AND SUPPORTS,  AND
 LOCAL  GOVERNMENTS AUTHORIZED BY THE DEPARTMENT SHALL NOT COLLECT, MAIN-
 TAIN, USE, OR DISCLOSE ANY PERSONAL INFORMATION RELATING TO AN  INDIVID-
 UAL  FROM  WHOM  THE DEPARTMENT OR LOCAL GOVERNMENT RECEIVES ANY DRUG OR
 SUBSTANCE FOR CHECKING OR DISPOSAL.
   6. THE RESULT OF ANY TEST CARRIED OUT BY THE DEPARTMENT, THE OFFICE OF
 ADDICTION SERVICES AND SUPPORTS, OR AN AUTHORIZED  LOCAL  GOVERNMENT  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 SUBMIT-
 TED BY SUCH INDIVIDUAL.
   § 2. This act shall take effect on the ninetieth 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.

2023-S4880A - Details

See Assembly Version of this Bill:: A7487
Current Committee:: Assembly Codes
Law Section:: Public Health Law
Laws Affected:: Add §3309-c, Pub Health L

2023-S4880A - Summary

2023-S4880A - Sponsor Memo

                                 
BILL NUMBER: S4880A

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the public health law, in relation to establishing a
drug checking services program

 
PURPOSE OR GENERAL IDEA OF BILL:

To create a drug checking services program to assist individuals in
determining whether a drug or controlled substance contains contam-
inants, toxic substances, or hazardous compounds.

 
SUMMARY OF PROVISIONS:

Section 1 establishes the drug checking services program.

Section 2 sets the effective date.

 
JUSTIFICATION:

New York is in the middle of an opioid epidemic. For the past few years,
New York has exceeded national rates of opioid overdose deaths with over
30 individuals per 100,000 dying from drug overdoses. These deaths are
preventable.

In recent years, the opioid crisis has been intensified by substances
such as fentanyl and xylazine being mixed with opioids. Some of these
compounds do not react to life-saving opioid antagonists like naloxone.
To save lives, it is necessary to know what substances an individual may
be coming in contact with. This bill will allow individuals to test
their drugs, without fear of retribution or criminal justice outcomes,
allowing them to make informed decisions about drug use.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth 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 26 of
this act on its effective date are authorized to be made and 27
completed on or before such effective date.

2023-S4880A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4880--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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
 
 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:
 
   Section 1. The public health law is amended by adding  a  new  section
 3309-c to read as follows:
   § 3309-C. DRUG  CHECKING  SERVICES  PROGRAM.  1.  THE  DEPARTMENT,  IN
 CONJUNCTION WITH THE OFFICE OF ADDICTION SERVICES  AND  SUPPORTS,  SHALL
 ESTABLISH  A  PROGRAM  TO  PROVIDE,  OR  AUTHORIZE A LOCAL GOVERNMENT TO
 PROVIDE, OR BOTH, DRUG CHECKING SERVICES TO ASSIST INDIVIDUALS IN DETER-
 MINING WHETHER A DRUG OR  CONTROLLED  SUBSTANCE  CONTAINS  CONTAMINANTS,
 TOXIC SUBSTANCES, OR HAZARDOUS COMPOUNDS.
   2. IN PROVIDING DRUG CHECKING SERVICES, THE DEPARTMENT, IN CONJUNCTION
 WITH  THE  OFFICE  OF  ADDICTION SERVICES AND SUPPORTS, OR AN AUTHORIZED
 LOCAL GOVERNMENT SHALL:
   (A) PROVIDE INFORMATION AND HARM REDUCTION ADVICE TO HELP  INDIVIDUALS
 MAKE INFORMED DECISIONS ABOUT DRUG USE;
   (B)  TEST ANY DRUG OR SUBSTANCE THAT AN INDIVIDUAL PRESENTS FOR CHECK-
 ING TO ASCERTAIN THE COMPOSITION AND LIKELY IDENTITY  OF  SUCH  DRUG  OR
 SUBSTANCE;
   (C) ADVISE THE INDIVIDUAL WHO PRESENTED A DRUG OR SUBSTANCE FOR CHECK-
 ING OF THE RESULTS OF THE TESTING;
   (D)  RETURN THE DRUG OR SUBSTANCE TO THE INDIVIDUAL WHO PRESENTED SUCH
 DRUG OR SUBSTANCE FOR CHECKING;
   (E) DISPOSE OF OR ARRANGE 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09638-03-3

 S. 4880--A                          2
 
   (F)  IF  NECESSARY,  ARRANGE FOR A SAMPLE OF A DRUG OR SUBSTANCE TO BE
 TESTED BY A DEPARTMENT APPROVED LABORATORY.
   3.  THE  DEPARTMENT,  IN  CONJUNCTION  WITH  THE  OFFICE  OF ADDICTION
 SERVICES AND SUPPORTS, SHALL ACQUIRE THE NECESSARY EQUIPMENT TO  PROVIDE
 DRUG CHECKING SERVICES, INCLUDING BUT NOT LIMITED TO, CHEMICAL SCREENING
 DEVICES SUCH AS INFRARED SPECTROPHOTOMETERS, MASS SPECTROMETERS, NUCLEAR
 MAGNETIC  RESONANCE  SPECTROMETERS,  RAMAN  SPECTROPHOTOMETERS,  OR  ION
 MOBILITY SPECTROMETERS.
   4. EMPLOYEES, CONTRACTORS, AND VOLUNTEERS OF  THE  DEPARTMENT  OR  THE
 OFFICE  OF ADDICTION SERVICES AND SUPPORTS, DIRECTORS, MANAGERS, EMPLOY-
 EES, CONTRACTORS, AND  VOLUNTEERS  OF  AN  ORGANIZATION  PROVIDING  DRUG
 CHECKING  SERVICES,  OWNERS  OF  PROPERTIES WHERE DRUG CHECKING SERVICES
 OCCUR, LOCAL GOVERNMENTS 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  DRUG
 CHECKING  SERVICES,  IN ACCORDANCE WITH ESTABLISHED PROTOCOLS, SHALL NOT
 BE SUBJECT TO:
   (A) ARREST, CHARGES, OR PROSECUTION PURSUANT TO THIS ARTICLE,  INCLUD-
 ING  FOR  ATTEMPTING,  AIDING  AND  ABETTING,  OR CONSPIRACY TO COMMIT A
 VIOLATION 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 DRUG CHECKING SERVICES UNLESS SUCH  CONDUCT
 WAS PERFORMED IN A NEGLIGENT MANNER OR IN BAD FAITH.
   5.  THE DEPARTMENT, THE OFFICE OF ADDICTION SERVICES AND SUPPORTS, AND
 LOCAL GOVERNMENTS AUTHORIZED BY THE DEPARTMENT SHALL NOT COLLECT,  MAIN-
 TAIN,  USE, OR DISCLOSE ANY PERSONAL INFORMATION RELATING TO AN INDIVID-
 UAL FROM WHOM THE DEPARTMENT OR LOCAL GOVERNMENT RECEIVES  ANY  DRUG  OR
 SUBSTANCE FOR CHECKING OR DISPOSAL.
   6. THE RESULT OF ANY TEST CARRIED OUT BY THE DEPARTMENT, THE OFFICE OF
 ADDICTION  SERVICES  AND  SUPPORTS, OR AN AUTHORIZED LOCAL GOVERNMENT 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  SUBMIT-
 TED BY SUCH INDIVIDUAL.
   §  2.  This  act shall take effect on the ninetieth 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

View additional co-sponsors

2023-S4880B - Details

See Assembly Version of this Bill:: A7487
Current Committee:: Assembly Codes
Law Section:: Public Health Law
Laws Affected:: Add §3309-c, Pub Health L

2023-S4880B - Summary

2023-S4880B - Sponsor Memo

2023-S4880B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4880--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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 -- recommitted to the Committee on Health in accord-
   ance with Senate Rule 6, sec. 8 -- 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:
 
   Section 1. The public health law is amended by adding  a  new  section
 3309-c to read as follows:
   § 3309-C. DRUG  CHECKING  SERVICES  PROGRAM.  1.  THE  DEPARTMENT,  IN
 CONJUNCTION WITH THE OFFICE OF ADDICTION SERVICES  AND  SUPPORTS,  SHALL
 ESTABLISH  A  PROGRAM  TO  PROVIDE,  OR  AUTHORIZE A LOCAL GOVERNMENT TO
 PROVIDE, OR BOTH, DRUG CHECKING SERVICES TO ASSIST INDIVIDUALS IN DETER-
 MINING WHETHER A DRUG OR  CONTROLLED  SUBSTANCE  CONTAINS  CONTAMINANTS,
 TOXIC SUBSTANCES, OR HAZARDOUS COMPOUNDS.
   2. IN PROVIDING DRUG CHECKING SERVICES, THE DEPARTMENT, IN CONJUNCTION
 WITH  THE  OFFICE  OF  ADDICTION SERVICES AND SUPPORTS, OR AN AUTHORIZED
 LOCAL GOVERNMENT SHALL:
   (A) PROVIDE INFORMATION AND HARM REDUCTION ADVICE TO HELP  INDIVIDUALS
 MAKE INFORMED DECISIONS ABOUT DRUG USE;
   (B)  TEST ANY DRUG OR SUBSTANCE THAT AN INDIVIDUAL PRESENTS FOR CHECK-
 ING TO ASCERTAIN THE COMPOSITION AND LIKELY IDENTITY  OF  SUCH  DRUG  OR
 SUBSTANCE;
   (C) ADVISE THE INDIVIDUAL WHO PRESENTED A DRUG OR SUBSTANCE FOR CHECK-
 ING OF THE RESULTS OF THE TESTING;
   (D)  RETURN THE DRUG OR SUBSTANCE TO THE INDIVIDUAL WHO PRESENTED SUCH
 DRUG OR SUBSTANCE FOR CHECKING;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09638-05-4
 S. 4880--B                          2

 
   (E) DISPOSE OF OR ARRANGE 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
   (F)  IF  NECESSARY,  ARRANGE FOR A SAMPLE OF A DRUG OR SUBSTANCE TO BE
 TESTED BY A DEPARTMENT APPROVED LABORATORY.
   3. THE  DEPARTMENT,  IN  CONJUNCTION  WITH  THE  OFFICE  OF  ADDICTION
 SERVICES  AND SUPPORTS, SHALL ACQUIRE THE NECESSARY EQUIPMENT TO PROVIDE
 DRUG CHECKING SERVICES, INCLUDING BUT NOT LIMITED TO, CHEMICAL SCREENING
 DEVICES SUCH AS INFRARED SPECTROPHOTOMETERS, MASS SPECTROMETERS, NUCLEAR
 MAGNETIC  RESONANCE  SPECTROMETERS,  RAMAN  SPECTROPHOTOMETERS,  OR  ION
 MOBILITY SPECTROMETERS.
   4.  EMPLOYEES,  CONTRACTORS,  AND  VOLUNTEERS OF THE DEPARTMENT OR THE
 OFFICE OF ADDICTION SERVICES AND SUPPORTS, DIRECTORS, MANAGERS,  EMPLOY-
 EES,  CONTRACTORS,  AND  VOLUNTEERS  OF  AN  ORGANIZATION PROVIDING DRUG
 CHECKING SERVICES, OWNERS OF PROPERTIES  WHERE  DRUG  CHECKING  SERVICES
 OCCUR,  LOCAL  GOVERNMENTS 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 DRUG
 CHECKING SERVICES, IN ACCORDANCE WITH ESTABLISHED PROTOCOLS,  SHALL  NOT
 BE SUBJECT TO:
   (A)  ARREST,  CHARGES,  OR PROSECUTION PURSUANT TO THIS ARTICLE OR ANY
 VIOLATION OR MISDEMEANOR, INCLUDING FOR ATTEMPTING, AIDING AND ABETTING,
 OR CONSPIRACY TO COMMIT A VIOLATION OR MISDEMEANOR 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 DRUG CHECKING SERVICES UNLESS SUCH CONDUCT
 WAS PERFORMED IN A NEGLIGENT MANNER OR IN BAD FAITH.
   5. THE DEPARTMENT, THE OFFICE OF ADDICTION SERVICES AND SUPPORTS,  AND
 LOCAL  GOVERNMENTS AUTHORIZED BY THE DEPARTMENT SHALL NOT COLLECT, MAIN-
 TAIN, USE, OR DISCLOSE ANY PERSONAL INFORMATION RELATING TO AN  INDIVID-
 UAL  FROM  WHOM  THE DEPARTMENT OR LOCAL GOVERNMENT RECEIVES ANY DRUG OR
 SUBSTANCE FOR CHECKING OR DISPOSAL.
   6. THE RESULT OF ANY TEST CARRIED OUT BY THE DEPARTMENT, THE OFFICE OF
 ADDICTION SERVICES AND SUPPORTS, OR AN AUTHORIZED  LOCAL  GOVERNMENT  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 SUBMIT-
 TED BY SUCH INDIVIDUAL.
   § 2. This act shall take effect on the ninetieth 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

View additional co-sponsors

2023-S4880C (ACTIVE) - Details

See Assembly Version of this Bill:: A7487
Current Committee:: Assembly Codes
Law Section:: Public Health Law
Laws Affected:: Add §3309-c, Pub Health L

2023-S4880C (ACTIVE) - Summary

2023-S4880C (ACTIVE) - Sponsor Memo

2023-S4880C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4880--C
     Cal. No. 918
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2023
                                ___________
 
 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 -- recommitted
   to the Committee on Health in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to said committee -- reported favorably from said commit-
   tee and committed to the Committee on Finance  --  reported  favorably
   from  said committee, ordered to first and second report, ordered to a
   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 establishing a
   drug checking services program
 
   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
 3309-c to read as follows:
   § 3309-C. DRUG  CHECKING  SERVICES  PROGRAM.  1.  THE  DEPARTMENT,  IN
 CONJUNCTION  WITH  THE  OFFICE OF ADDICTION SERVICES AND SUPPORTS, SHALL
 ESTABLISH A PROGRAM TO PROVIDE,  OR  AUTHORIZE  A  LOCAL  GOVERNMENT  TO
 PROVIDE, OR BOTH, DRUG CHECKING SERVICES TO ASSIST INDIVIDUALS IN DETER-
 MINING  WHETHER  A  DRUG  OR CONTROLLED SUBSTANCE CONTAINS CONTAMINANTS,
 TOXIC SUBSTANCES, OR HAZARDOUS COMPOUNDS.
   2.  THE  COMMISSIONER  SHALL  PROMULGATE  RULES  AND  REGULATIONS,  IN
 CONJUNCTION  WITH  THE  OFFICE OF ADDICTION SERVICES AND SUPPORTS, OR AN
 AUTHORIZED LOCAL GOVERNMENT, TO PROVIDE  DRUG  CHECKING  SERVICES  WHICH
 SHALL INCLUDE BUT NO BE LIMITED TO:
   (A)  PROVIDING  INFORMATION AND HARM REDUCTION ADVICE TO HELP INDIVID-
 UALS MAKE INFORMED DECISIONS ABOUT DRUG USE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09638-10-4
 S. 4880--C                          2

 
   (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.
   3.  THE  DEPARTMENT,  IN  CONJUNCTION  WITH  THE  OFFICE  OF ADDICTION
 SERVICES AND SUPPORTS, SHALL ACQUIRE THE NECESSARY EQUIPMENT TO  PROVIDE
 DRUG CHECKING SERVICES, INCLUDING BUT NOT LIMITED TO, CHEMICAL SCREENING
 DEVICES SUCH AS INFRARED SPECTROPHOTOMETERS, MASS SPECTROMETERS, NUCLEAR
 MAGNETIC  RESONANCE  SPECTROMETERS,  RAMAN  SPECTROPHOTOMETERS,  OR  ION
 MOBILITY SPECTROMETERS.
   4. EMPLOYEES, CONTRACTORS, AND VOLUNTEERS OF  THE  DEPARTMENT  OR  THE
 OFFICE  OF ADDICTION SERVICES AND SUPPORTS, DIRECTORS, MANAGERS, EMPLOY-
 EES, CONTRACTORS, AND  VOLUNTEERS  OF  AN  ORGANIZATION  PROVIDING  DRUG
 CHECKING  SERVICES,  OWNERS  OF  PROPERTIES WHERE DRUG CHECKING SERVICES
 OCCUR, LOCAL GOVERNMENTS 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  DRUG
 CHECKING  SERVICES,  IN ACCORDANCE WITH ESTABLISHED PROTOCOLS, SHALL NOT
 BE SUBJECT TO:
   (A) ARREST, CHARGES, OR PROSECUTION PURSUANT TO THIS  ARTICLE  OR  ANY
 VIOLATION OR MISDEMEANOR, INCLUDING FOR ATTEMPTING, AIDING AND ABETTING,
 OR  CONSPIRACY  TO COMMIT A VIOLATION OR MISDEMEANOR 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 DRUG CHECKING SERVICES UNLESS SUCH  CONDUCT
 WAS PERFORMED IN A NEGLIGENT MANNER OR IN BAD FAITH.
   5.  THE DEPARTMENT, THE OFFICE OF ADDICTION SERVICES AND SUPPORTS, AND
 LOCAL GOVERNMENTS AUTHORIZED BY THE DEPARTMENT SHALL NOT COLLECT,  MAIN-
 TAIN,  USE, OR DISCLOSE ANY PERSONAL INFORMATION RELATING TO AN INDIVID-
 UAL FROM WHOM THE DEPARTMENT OR LOCAL GOVERNMENT RECEIVES  ANY  DRUG  OR
 SUBSTANCE FOR CHECKING OR DISPOSAL.
   6. THE RESULT OF ANY TEST CARRIED OUT BY THE DEPARTMENT, THE OFFICE OF
 ADDICTION  SERVICES  AND  SUPPORTS, OR AN AUTHORIZED LOCAL GOVERNMENT 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  SUBMIT-
 TED BY SUCH INDIVIDUAL.
   §  2.  This  act shall take effect on the ninetieth 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 S4880C

Sponsored By

Current Bill Status - In Assembly Committee

Jun 4, 2024 - Floor Vote

Floor Vote: Jun 4, 2024

Apr 16, 2024 - Health Committee Vote

Health Committee Vote: Apr 16, 2024

May 6, 2024 - Finance Committee Vote

Finance Committee Vote: May 6, 2024

Bill Amendments

2023-S4880 - Details

2023-S4880 - Summary

2023-S4880 - Sponsor Memo

2023-S4880 - Bill Text download pdf

2023-S4880A - Details

2023-S4880A - Summary

2023-S4880A - Sponsor Memo

2023-S4880A - Bill Text download pdf

co-Sponsors

2023-S4880B - Details

2023-S4880B - Summary

2023-S4880B - Sponsor Memo

2023-S4880B - Bill Text download pdf

co-Sponsors

2023-S4880C (ACTIVE) - Details

2023-S4880C (ACTIVE) - Summary

2023-S4880C (ACTIVE) - Sponsor Memo

2023-S4880C (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4880C

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Sponsored By

Current Bill Status - In Assembly Committee

Bill Amendments

2023-S4880 - Details

2023-S4880 - Summary

2023-S4880 - Sponsor Memo

2023-S4880 - Bill Text download pdf

2023-S4880A - Details

2023-S4880A - Summary

2023-S4880A - Sponsor Memo

2023-S4880A - Bill Text download pdf

co-Sponsors

2023-S4880B - Details

2023-S4880B - Summary

2023-S4880B - Sponsor Memo

2023-S4880B - Bill Text download pdf

co-Sponsors

2023-S4880C (ACTIVE) - Details

2023-S4880C (ACTIVE) - Summary

2023-S4880C (ACTIVE) - Sponsor Memo

2023-S4880C (ACTIVE) - Bill Text download pdf

Comments