BILL NUMBER: S7833A

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the public health law, in relation to the dispensing of
drug adulterant testing supplies

 
PURPOSE:

Relates to the dispensing of xylazine and other drug adulterant testing
supplies by health care professionals or pharmacists

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 1 of section 3309-b of the Public Health
Law to add xylazine and other substances to the scope of drug adulterant
testing supplies.

Section 2 establishes the effective date.

 
              

JUSTIFICATION:

In 2023, "Matthew's Law" was chaptered into law and authorized pharma-
cists to dispense drug adulterant testing supplies. However, xylazine
was not included in the list of drug adulterants.

In 2022, the federal Drug Enforcement Agency issued a report titled "The
Growing Threat of Xylazine and its Mixture with Illicit Drugs," and
issued a warning to the "American public of a sharp increase in the
trafficking of fentanyl mixed with xylazine. Xylazine, also known as
"Tram'," is a powerful sedative that the U.S. Food and Drug Adminis-
tration has approved for veterinary use...Xylazine is making the deadli-
est drug threat our country has ever faced, fentanyl, even deadlier. DEA
has seized xylazine and fentanyl mixtures in 48 of 50 States. The DEA
Laboratory System is reporting that in 2022 approximately 23% of fenta-
nyl powder and 7% of fentanyl pills seized by the DEA contained xyla-
zine."

In 2023, New York State began distributing free xylazine test strips,
recognizing that xylazine is exacerbating the overdose crisis.  Xylazine
not only contributes to overdose deaths but also leads to significant
skin wounds that can result in amputation along with the risk of
seizures. Congress recently passed the bipartisan "Testing, Rapid Analy-
sis, and Narcotic Quality (TRANQ) Research Act" that is expected to be
signed into law and expanding xylazine testing will further the goals of
the TRANQ Act as well.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect thirtieth day after it shall have become a
law.