S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    808
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A.  KELLES,  GONZALEZ-ROJAS, FORREST, SEAWRIGHT,
   MEEKS, DAVILA, ZACCARO,  MAMDANI,  REYES,  HEVESI,  BICHOTTE HERMELYN,
   EPSTEIN, ROSENTHAL, BURDICK, TAPIA, TAYLOR, BENEDETTO -- read once and
   referred to the Committee on Health

 AN  ACT  to  amend  the public health law, in relation to establishing a
   drug checking program including requirements for enhanced drug  check-
   ing service delivery and public health surveillance
 
   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.   FOR PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ENHANCED DRUG CHECKING SERVICES" MEANS  THE  UTILIZATION  OF  ALL
 FORMS  OF  DRUG TESTING EQUIPMENT INCLUDING COMPLEX TECHNOLOGY OR EQUIP-
 MENT DESIGNED TO ANALYZE SUBSTANCES AND  PROVIDE  RESULTS  AT  POINT  OF
 TESTING OR POINT OF CARE, WHICH MAY INCLUDE BUT IS NOT LIMITED TO, CHEM-
 ICAL  SCREENING DEVICES SUCH AS INFRARED SPECTROPHOTOMETERS, RAMAN SPEC-
 TROPHOTOMETERS, OR ION MOBILITY SPECTROMETERS.
   (B) "PUBLIC HEALTH SURVEILLANCE" MEANS THE CONTINUOUS  AND  SYSTEMATIC
 COLLECTION,  ANALYSIS,  AND  INTERPRETATION OF DATA NEEDED FOR THE PLAN-
 NING, IMPLEMENTATION,  AND  EVALUATION  OF  PUBLIC  HEALTH  INITIATIVES.
 PUBLIC HEALTH SURVEILLANCE MAY BE USED FOR THE FOLLOWING PURPOSES:
   (I)  AS  AN  EARLY WARNING SYSTEM FOR IMPENDING PUBLIC HEALTH EMERGEN-
 CIES;
   (II) TO DOCUMENT THE IMPACT OF AN INTERVENTION;
   (III) TO TRACK PROGRESS TOWARDS SPECIFIC GOALS;
   (IV) TO MONITOR AND CLARIFY THE EPIDEMIOLOGY OF HEALTH OUTCOMES; AND
   (V) TO INFORM THE PUBLIC HEALTH POLICY AND PRACTICES.
   2. THE DEPARTMENT SHALL:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00379-02-5
 A. 808                              2
 
   (A) ESTABLISH A PROGRAM TO PROVIDE, OR AUTHORIZE A LOCAL GOVERNMENT OR
 OTHER ENTITY TO PROVIDE ENHANCED DRUG CHECKING SERVICES TO ASSIST  INDI-
 VIDUALS  IN  DETERMINING WHETHER A DRUG OR CONTROLLED SUBSTANCE CONTAINS
 CONTAMINANTS, TOXIC SUBSTANCES, OR HAZARDOUS COMPOUNDS; AND
   (B)  ESTABLISH  PUBLIC  HEALTH  SURVEILLANCE  OF  THE UNREGULATED DRUG
 SUPPLY TO MONITOR TRENDS AND THE IMPACT ON HEALTH OUTCOMES AND  INCREASE
 PUBLIC AWARENESS OF NEW SUBSTANCES IN THE UNREGULATED DRUG SUPPLY.
   3.  ENHANCED DRUG CHECKING SERVICES PROGRAMS SHALL FOLLOW ALL POLICIES
 ESTABLISHED BY THE DEPARTMENT AND SUBMIT DATA IN ACCORDANCE  WITH  POLI-
 CIES ESTABLISHED BY THE DEPARTMENT.
   4. THE DEPARTMENT SHALL DEVELOP POLICIES AND PROCEDURES TO:
   (A) AUTHORIZE ENHANCED DRUG CHECKING SERVICE DELIVERY;
   (B)  UTILIZE  ENHANCED  DRUG  CHECKING  TECHNOLOGY  FOR  PUBLIC HEALTH
 SURVEILLANCE;
   (C) DEVELOP REQUIREMENTS FOR TECHNICIAN TRAINING  TO  ENSURE  ACCURATE
 POINT OF TESTING AND POINT OF CARE RESULTS;
   (D) IDENTIFY APPROPRIATE EQUIPMENT TO USE; AND
   (E) ESTABLISH REPORTING PROCESSES.
   5.  EMPLOYEES,  CONTRACTORS,  AND VOLUNTEERS OF THE DEPARTMENT, DIREC-
 TORS, MANAGERS, EMPLOYEES, CONTRACTORS, AND VOLUNTEERS OF  AN  ORGANIZA-
 TION  PROVIDING  DRUG CHECKING SERVICES, OWNERS OF PROPERTIES WHERE DRUG
 CHECKING SERVICES OCCUR, LOCAL GOVERNMENTS OR OTHER ENTITIES  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  ENHANCED 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 ENHANCED DRUG CHECKING SERVICES UNLESS SUCH
 CONDUCT WAS PERFORMED IN A NEGLIGENT MANNER OR IN BAD FAITH.
   6. THE DEPARTMENT AND LOCAL GOVERNMENTS OR ENTITIES AUTHORIZED BY  THE
 DEPARTMENT  SHALL  NOT  COLLECT, MAINTAIN, USE, OR DISCLOSE ANY PERSONAL
 INFORMATION RELATING TO AN INDIVIDUAL FROM WHOM  THE  DEPARTMENT,  LOCAL
 GOVERNMENT,  OR  ENTITY  RECEIVES  ANY DRUG OR SUBSTANCE FOR CHECKING OR
 DISPOSAL.
   7. THE RESULT OF ANY TEST CARRIED OUT BY THE DEPARTMENT OR AN  AUTHOR-
 IZED  LOCAL  GOVERNMENT  OR  ENTITY IN RELATION TO ANY DRUG OR SUBSTANCE
 PRESENTED FOR CHECKING SHALL NOT BE ADMISSIBLE AS EVIDENCE IN ANY CRIMI-
 NAL OR CIVIL PROCEEDINGS AGAINST THE INDIVIDUAL FROM WHOM  THE  DRUG  OR
 SUBSTANCE WAS RECEIVED, UNLESS SUBMITTED BY SUCH INDIVIDUAL.
   §  2.  This act shall take effect immediately; provided, however, that
 subdivisions one, two, three and four of section 3309-c  of  the  public
 health  law,  as  added by section one of this act, shall take effect on
 the first of April next succeeding the fiscal year  in  which  this  act
 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.