NY State Senate Bill 2023-S9728

Current Bill Status - In Senate Committee Alcoholism And Substance Use Disorders 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 23, 2024	referred to alcoholism and substance use disorders

2023-S9728 (ACTIVE) - Details

Current Committee:: Senate Alcoholism And Substance Use Disorders
Law Section:: Mental Hygiene Law
Laws Affected:: Add §17.47, Ment Hyg L

2023-S9728 (ACTIVE) - Summary

Establishes a wound care kit and xylazine test strip distribution program to supply wound care kits designed for the treatment of injection-related wounds and skin and soft tissue infections, and xylazine test strips, to individuals with a substance use disorder or who are otherwise at risk of drug use, free of charge; prohibits facilities from collecting personally identifying information on such individuals; prohibits police from targeting individuals receiving wound care kits or xylazine test strips under such program.

2023-S9728 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9728

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to establishing a
wound care kit and xylazine test strip distribution program

 
PURPOSE:

To establish a program providing free wound care kits and xylazine test
strips to individuals with substance use disorders or those at risk of
drug use, preventing injection-related infections and detecting xylazine
contamination.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new section to the mental hygiene law to establish a
program distributing free wound care kits and xylazine test strips to
individuals with substance use disorders or those at risk of drug use.
Eligible facilities include:

* Hospital emergency rooms

* Addiction treatment facilities

* Substance use disorder program facilities

* Homeless shelters

* Urgent care centers

* Mobile health units

* Public health offices

* Safe syringe programs

* Other relevant settings as determined by the department

Section 2: Prohibits facilities from recording any personally identify-
ing information of individuals receiving wound care kits and xylazine
test strips.

Section 3: Mandates the commissioner, in cooperation with the commis-
sioner of health, to conduct a public awareness and educational campaign
on proper wound care and xylazine testing. The campaign will explain how
to use the kits and test strips, and where to access them for free.

Section 4: Clarifies that this program does not replace the obligation
of facilities to provide acute wound care as they normally would.

Section 5: Protects facilities and individuals from being targeted by
law enforcement for distributing or possessing wound care kits and xyla-
zine test strips. Possession of these items cannot be used as a basis
for arrest, search, or seizure.

Section 6: Sets the act to take effect 180 days after becoming law, with
necessary regulations to be implemented immediately.
 
JUSTIFICATION:

The rise in injection-related infections and the prevalence of xylazine
contamination in illicit substances pose significant health risks to
individuals with substance use disorders. Wound care kits and xylazine
test strips can help mitigate these risks by providing necessary tools
for proper wound care and the detection of xylazine.

This program would ensure that these resources are accessible free of
charge while protecting the privacy of individuals receiving them.
Moreover, the public awareness campaign will educate individuals on the
importance of wound care and the dangers of substances cut with xyla-
zine, promoting safer practices among those at risk.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth 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-S9728 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9728
 
                             I N  S E N A T E
 
                               May 23, 2024
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed  to  be committed to the Committee on Alcoholism and Substance
   Use Disorders
 
 AN ACT to amend the mental hygiene law, in relation  to  establishing  a
   wound care kit and xylazine test strip distribution 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
 19.47 to read as follows:
 § 19.47 WOUND CARE KIT AND XYLAZINE TEST STRIP DISTRIBUTION PROGRAM.
   1. THE COMMISSIONER SHALL ESTABLISH A PROGRAM WHEREBY INDIVIDUALS WITH
 A  SUBSTANCE  USE  DISORDER OR WHO ARE OTHERWISE AT RISK OF DRUG USE MAY
 RECEIVE, FREE OF CHARGE, WOUND CARE KITS SPECIFICALLY DESIGNED  FOR  THE
 TREATMENT   OF   INJECTION-RELATED  WOUNDS  AND  SKIN  AND  SOFT  TISSUE
 INFECTIONS, AND XYLAZINE TEST STRIPS TO DETECT THE PRESENCE OF XYLAZINE.
 THE FOLLOWING FACILITIES MAY APPLY TO DISTRIBUTE SUCH  WOUND  CARE  KITS
 AND XYLAZINE 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 HEALTH UNITS;
   (G) PUBLIC HEALTH OFFICES;
   (H) SAFE SYRINGE PROGRAMS; AND
   (I)  ANY  OTHER  SETTING,  AS  DETERMINED  BY THE DEPARTMENT, WHICH IS
 ROUTINELY ACCESSED BY INDIVIDUALS WITH A SUBSTANCE USE DISORDER  OR  WHO
 ARE  OTHERWISE AT RISK OF DRUG USE, AND WHO ARE IN NEED OF TREATMENT FOR
 INJECTION-RELATED WOUNDS AND SKIN AND SOFT  TISSUE  INFECTIONS,  OR  WHO
 WOULD BENEFIT FROM THE USE OF XYLAZINE TEST STRIPS.
   2.    FACILITIES DISTRIBUTING WOUND CARE KITS AND XYLAZINE TEST STRIPS
 PURSUANT TO SUBDIVISION  ONE  OF  THIS  SECTION  SHALL  NOT  RECORD  ANY
 PERSONALLY  IDENTIFYING  INFORMATION  REGARDING  TO WHOM SUCH WOUND CARE
 KITS AND XYLAZINE TEST STRIPS ARE DISTRIBUTED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15370-03-4
 S. 9728                             2
 
   3. THE COMMISSIONER, IN COOPERATION WITH THE COMMISSIONER  OF  HEALTH,
 SHALL DEVELOP AND CONDUCT A PUBLIC AWARENESS AND EDUCATIONAL CAMPAIGN ON
 THE  IMPORTANCE  OF  PROPER  WOUND  CARE AND TESTING FOR THE PRESENCE OF
 XYLAZINE FOR INDIVIDUALS WITH A SUBSTANCE USE DISORDER OR WHO ARE OTHER-
 WISE AT RISK OF DRUG USE. SUCH CAMPAIGN SHALL DETAIL HOW TO PROPERLY USE
 THE ITEMS IN WOUND CARE KITS DESIGNED FOR THE TREATMENT OF INJECTION-RE-
 LATED  WOUNDS  AND  SKIN AND SOFT TISSUE INFECTIONS, HOW TO PROPERLY USE
 XYLAZINE TEST STRIPS, AND THE AVAILABILITY OF FREE WOUND CARE  KITS  AND
 XYLAZINE  TEST STRIPS MADE AVAILABLE PURSUANT TO SUBDIVISION ONE OF THIS
 SECTION.
   4. THE PROVISIONS OF THIS SECTION SHALL NOT REPLACE THE  DUTY  OF  ANY
 FACILITY  LISTED  UNDER SUBDIVISION ONE OF THIS SECTION TO PROVIDE ACUTE
 WOUND CARE THAT WOULD OTHERWISE BE PROVIDED BY SUCH FACILITY.
   5. (A) NO POLICE OFFICER AS DEFINED BY SECTION 1.20  OF  THE  CRIMINAL
 PROCEDURE  LAW, PEACE OFFICER AS DEFINED BY SECTION 2.10 OF THE CRIMINAL
 PROCEDURE LAW, OR POLICE AGENCY AS  DEFINED  BY  SECTION  EIGHT  HUNDRED
 THIRTY-FIVE  OF  THE  EXECUTIVE  LAW,  SHALL SUBJECT ANY FACILITY LISTED
 UNDER SUBDIVISION ONE OF THIS SECTION, OR ANY  INDIVIDUAL,  TO  SURVEIL-
 LANCE, INVESTIGATION, OR PROSECUTION FOR DISTRIBUTING OR RECEIVING WOUND
 CARE KITS OR XYLAZINE TEST STRIPS PURSUANT TO THIS SECTION.
   (B)  RECEIPT  OR  POSSESSION  BY  AN INDIVIDUAL OF A WOUND CARE KIT OR
 XYLAZINE TEST STRIP UNDER THE PROGRAM ESTABLISHED PURSUANT  TO  SUBDIVI-
 SION  ONE  OF  THIS  SECTION  SHALL  NOT  CONSTITUTE REASONABLE CAUSE TO
 BELIEVE THAT SUCH INDIVIDUAL HAS COMMITTED AN OFFENSE  OR  CRIME  SUFFI-
 CIENT TO AUTHORIZE ARREST UNDER SECTION 140.10 OF THE CRIMINAL PROCEDURE
 LAW,  AND  SHALL NOT BE THE BASIS OF ANY SEARCH OR SEIZURE OF SUCH INDI-
 VIDUAL OR SUCH INDIVIDUAL'S PROPERTY.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  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 S9728

Sponsored By

Current Bill Status - In Senate Committee Alcoholism And Substance Use Disorders Committee

2023-S9728 (ACTIVE) - Details

2023-S9728 (ACTIVE) - Summary

2023-S9728 (ACTIVE) - Sponsor Memo

2023-S9728 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9728

Share this bill

Sponsored By

Nathalia Fernandez

Current Bill Status - In Senate Committee Alcoholism And Substance Use Disorders Committee

2023-S9728 (ACTIVE) - Details

2023-S9728 (ACTIVE) - Summary

2023-S9728 (ACTIVE) - Sponsor Memo

2023-S9728 (ACTIVE) - Bill Text download pdf

Comments