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.

                             
                     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.

                             
                     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.