NY State Senate Bill 2025-S56A

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 24, 2025	print number 56b
Mar 24, 2025	amend and recommit to health
Jan 13, 2025	print number 56a
Jan 13, 2025	amend and recommit to health
Jan 08, 2025	referred to health

co-Sponsors

View additional co-sponsors

2025-S56 - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §3309-c, Pub Health L

2025-S56 - Summary

Establishes through the department of health 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; requires the department to establish public health surveillance of the unregulated drug supply; provides exemptions for participants in the drug checking program from certain controlled substance offenses.

2025-S56 - Sponsor Memo

                                 
BILL NUMBER: S56

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the public health law, in relation to establishing a
drug checking program including requirements for enhanced drug checking
service delivery and public health surveillance

 
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 conta
minants, 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 overdose 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.  The
amount of opioid deaths grew almost 300% between 2010 and 20 20, effec-
tively responsible for 85% of all drug overdose deaths in New York in
2020.

In 2017 the CDC published a findings report of the state-level economic
costs of opioid use disorder and fatal opioid overdoses.  It found
opioid use disorder has cost New York State an estimated $22.7 million,
and fatal opioid overdoses costing $37.2 million, totalling to a
combined 60 million in losses. On a national scale, New York's opioid
crisis accounts for $19.3 million relating to healthcare costs and $7.5
million in lost productivity of the country's opioid crisis.*

Since 2017, the opioid crisis has been intensified by substances such as
fentanyl and xylazine being mixed with opioids. Some of thes e compounds
do not react to life-saving opioid antagonists like naloxone. To save
lives, and mitigate the crisis, it is necessary to start with knowing
what substances an individual may be coming in contact with.

This bill serves as the first step in combating this health and econom-
ical issue. To be able to cut back on these exorbitant costs made by the
opioid crisis, preliminary steps must be made first. This means decreas-
ing the amount of deaths occuring due to the influx of fentanyl and
xylazine by conducting drug checks. In addition, this bill will allow
individuals to test their drugs, without fear of retribution or criminal
justice outco mes, allowing them to make informed decisions about drug
use.

*Luo F, Li M, Florence C. State-Level Economic Costs of Opioid Use
Disorder and Fatal Opioid Overdose - United States, 2017. MMWR Mor b
Mortal Wkly Rep 2021;70:541-546. DOI:
http://dx.doi.org/10.15585/mmwr.mm7015a1

 
PRIOR LEGISLATIVE HISTORY:
2023-2024: S4880 / A7487

 
FISCAL IMPLICATIONS:  TBD

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that subdivi-
sions 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 th is 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.

2025-S56 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    56
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 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
 
 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.
                                                            LBD00379-01-5

 S. 56                               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 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 regu-
 lation  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

2025-S56A - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §3309-c, Pub Health L

2025-S56A - Summary

Establishes through the department of health 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; requires the department to establish public health surveillance of the unregulated drug supply; provides exemptions for participants in the drug checking program from certain controlled substance offenses.

2025-S56A - Sponsor Memo

                                 
BILL NUMBER: S56A

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the public health law, in relation to establishing a
drug checking program including requirements for enhanced drug checking
service delivery and public health surveillance

 
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 overdose 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. The
amount of opioid deaths grew almost 300% between 2010 and 2020, effec-
tively responsible for 85% of all drug overdose deaths in New York in
2020.

In 2017 the CDC published a findings report of the state-level economic
costs of opioid use disorder and fatal opioid overdoses. It found opioid
use disorder has cost New York State an estimated $22.7 million, and
fatal opioid overdoses costing $37.2 million, totalling to a combined 60
million in losses. On a national scale, New York's opioid crisis
accounts for $19.3 million relating to healthcare costs and $7.5 million
in lost productivity of the country's opioid crisis.*

Since 2017, 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, and mitigate the crisis, it is necessary to start with knowing
what substances an individual may be coming in contact with.

This bill serves as the first step in combating this health and econom-
ical issue. To be able to cut back on these exorbitant costs made by the
opioid crisis, preliminary steps must be made first. This means decreas-
ing the amount of deaths occuring due to the influx of fentanyl and
xylazine by conducting drug checks. In addition, 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.

*Luo F, Li M, Florence C. State-Level Economic Costs of Opioid Use
Disorder and Fatal Opioid Overdose - United States, 2017. MMWR Morb
Mortal Wkly Rep 2021;70:541-546. DOI:
http://dx.doi.org/10.15585/mmwr.mm7015a1

 
PRIOR LEGISLATIVE HISTORY:
2023-2024: S4880 / A7487

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that subdivi-
sions 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.

2025-S56A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   56--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 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

 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.

                                                            LBD00379-03-5
 S. 56--A                            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.

co-Sponsors

View additional co-sponsors

2025-S56B (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §3309-c, Pub Health L

2025-S56B (ACTIVE) - Summary

Establishes through the department of health 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; requires the department to establish public health surveillance of the unregulated drug supply; provides exemptions for participants in the drug checking program from certain controlled substance offenses.

2025-S56B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S56B

SPONSOR: FERNANDEZ
 
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 adds individuals and entities engaging in drug checking
services programs to section 3305 of public health law.

Section 3 sets the effective date.

 
JUSTIFICATION:

New York is in the middle of an overdose 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. The
amount of opioid deaths grew almost 300% between 2010 and 2020, effec-
tively responsible for 85% of all drug overdose deaths in New York in
2020.

In 2017 the CDC published a findings report of the state-level economic
costs of opioid use disorder and fatal opioid overdoses. It found opioid
use disorder has cost New York State an estimated $22.7 million, and
fatal opioid overdoses costing $37.2 million, totalling to a combined 60
million in losses. On a national scale, New York's opioid crisis
accounts for $19.3 million relating to healthcare costs and $7.5 million
in lost productivity of the country's opioid crisis.*

Since 2017, 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, and mitigate the crisis, it is necessary to start with knowing
what substances an individual may be coming in contact with.

This bill serves as the first step in combating this health and econom-
ical issue. To be able to cut back on these exorbitant costs made by the
opioid crisis, preliminary steps must be made first. This means decreas-
ing the amount of deaths occuring due to the influx of fentanyl and
xylazine by conducting drug checks. In addition, 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.

*Luo F, Li M, Florence C. State-Level Economic Costs of Opioid Use
Disorder and Fatal Opioid Overdose - United States, 2017. MMWR Morb
Mortal Wkly Rep 2021;70:541-546. DOI:
http://dx.doi.org/10.15585/mmwr.mm7015a1

 
PRIOR LEGISLATIVE HISTORY:

2023-2024: S4880 / A7487

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that subdivi-
sions four and eight of section 507 of the public health law, as added
by section one of this act, shall take effect on the ninetieth day after
it shall have become a law.

2025-S56B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   56--B
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 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 -- 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 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
 507 to read as follows:
   § 507. 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.
                                                            LBD00379-12-5
 S. 56--B                            2
 
   (A) ESTABLISH A PROGRAM TO AUTHORIZE A COUNTY OR MUNICIPALITY OR OTHER
 ENTITY  TO PROVIDE ENHANCED DRUG CHECKING SERVICES TO ASSIST INDIVIDUALS
 IN DETERMINING WHETHER A DRUG OR CONTROLLED SUBSTANCE  CONTAINS  CONTAM-
 INANTS, 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.  THE  COMMISSIONER  SHALL  PROMULGATE RULES AND REGULATIONS FOR THE
 PROVISION OF ENHANCED DRUG CHECKING SERVICES WHICH SHALL INCLUDE BUT NOT
 BE LIMITED TO:
   (A) PROVIDING INFORMATION AND HARM REDUCTION ADVICE TO  HELP  INDIVID-
 UALS MAKE INFORMED DECISIONS ABOUT DRUG USE;
   (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.
   4. THE DEPARTMENT SHALL DEVELOP POLICIES AND PROCEDURES TO:
   (A)  UTILIZE  ENHANCED  DRUG  CHECKING  TECHNOLOGY  FOR  PUBLIC HEALTH
 SURVEILLANCE;
   (B) DEVELOP REQUIREMENTS FOR TECHNICIAN TRAINING  TO  ENSURE  ACCURATE
 POINT-OF-TESTING AND POINT-OF-CARE RESULTS;
   (C) IDENTIFY APPROPRIATE EQUIPMENT TO USE; AND
   (D) ESTABLISH REPORTING PROCESSES.
   5.  EMPLOYEES,  CONTRACTORS,  AND VOLUNTEERS OF THE DEPARTMENT, DIREC-
 TORS, MANAGERS, EMPLOYEES, CONTRACTORS,  AND  VOLUNTEERS  OF  AN  ENTITY
 PROVIDING DRUG CHECKING SERVICES, OWNERS OF PROPERTIES WHERE DRUG CHECK-
 ING  SERVICES  OCCUR, COUNTIES, MUNICIPALITIES OR OTHER ENTITIES AUTHOR-
 IZED 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  ARTICLE  THIRTY-THREE
 OF  THIS CHAPTER OR ANY VIOLATION OR MISDEMEANOR, INCLUDING FOR ATTEMPT-
 ING, AIDING AND ABETTING, OR CONSPIRACY TO COMMIT A VIOLATION OR  MISDE-
 MEANOR 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 AUTHORIZED DRUG CHECKING SERVICES UNLESS
 SUCH CONDUCT WAS PERFORMED IN A NEGLIGENT MANNER OR IN BAD FAITH.
   6. THE DEPARTMENT AND ENTITIES AUTHORIZED BY THE DEPARTMENT SHALL  NOT
 COLLECT, MAINTAIN, USE, OR DISCLOSE ANY PERSONAL INFORMATION RELATING TO
 AN  INDIVIDUAL  FROM  WHOM  THE  DEPARTMENT  OR  OTHER AUTHORIZED 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  ENTITY 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 SUBMITTED BY SUCH INDIVIDUAL.
   8. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS ARE
 NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
 S. 56--B                            3
 
   §  2.  Subdivision  1  of  section  3305  of the public health law, as
 amended by chapter 547 of the laws of 1981, paragraph (d) as amended  by
 chapter 635 of the laws of 1997, is amended to read as follows:
   1.  The  provisions  of  this  article  restricting the possession and
 control  of  controlled  substances  and   official   New   York   state
 prescription forms shall not apply:
   (a)  to  common  carriers or to [warehousemen] WAREHOUSE WORKERS while
 engaged in lawfully transporting or storing such substances, or  to  any
 employee  of the same acting within the scope of [his] THEIR employment;
 or
   (b) to public officers or their employees in the lawful performance of
 their official duties requiring  possession  or  control  of  controlled
 substances; or
   (c)  to  temporary  incidental  possession  by  employees or agents of
 persons lawfully entitled to possession, or by persons whose  possession
 is  for  the purpose of aiding public officers in performing their offi-
 cial duties[.]; OR
   (d) TO EMPLOYEES,  CONTRACTORS,  AND  VOLUNTEERS  OF  THE  DEPARTMENT,
 DIRECTORS, MANAGERS, EMPLOYEES, CONTRACTORS, AND VOLUNTEERS OF AN ENTITY
 PROVIDING  DRUG  CHECKING SERVICES AUTHORIZED UNDER SECTION FIVE HUNDRED
 SEVEN OF THIS CHAPTER, OWNERS OF PROPERTIES WHERE SUCH  AUTHORIZED  DRUG
 CHECKING  SERVICES  OCCUR,  COUNTIES,  MUNICIPALITIES, 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 AUTHORIZED DRUG  CHECKING
 SERVICES, IN ACCORDANCE WITH ESTABLISHED PROTOCOLS; OR
   (E) to a duly authorized agent of  an  incorporated  society  for  the
 prevention  of cruelty to animals or a municipal animal control facility
 for the limited purpose of buying, possessing, and dispensing to  regis-
 tered  and  certified  personnel,  ketamine hydrochloride to anesthetize
 animals and/or sodium pentobarbital to euthanize animals, including  but
 not  limited to dogs and cats. The department shall, consistent with the
 public interest, register such duly  authorized  agent  and  such  agent
 shall  file, on a quarterly basis, a report of purchase, possession, and
 use of ketamine hydrochloride and/or sodium pentobarbital, which  report
 shall  be  certified  by  the  society  for the prevention of cruelty to
 animals or municipal animal control facility  as  to  its  accuracy  and
 validity.  This  report shall be in addition to any other record keeping
 and reporting requirements of state and federal law and regulation.  The
 department shall adopt rules and regulations providing for the registra-
 tion and certification of any individual who, under the direction of the
 duly authorized and registered agent of an incorporated society for  the
 prevention  of cruelty to animals, or municipal animal control facility,
 uses ketamine hydrochloride to anesthetize animals and/or sodium  pento-
 barbital  to  euthanize  animals,  including but not limited to dogs and
 cats. The department may also adopt such other rules and regulations  as
 shall  provide  for the safe and efficient use of ketamine hydrochloride
 and/or sodium pentobarbital by incorporated societies for the prevention
 of cruelty to animals and animal control  facilities.  Nothing  in  this
 paragraph  shall  be  deemed  to  waive any other requirement imposed on
 incorporated societies for the prevention  of  cruelty  to  animals  and
 animal control facilities by state and federal law and regulation.
   §  3.  This act shall take effect immediately; provided, however, that
 subdivisions four and eight of section 507 of the public health law,  as
 added by section one of this act, shall take effect on the ninetieth day
 after it shall have become a law.

Senate Bill S56A

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Senate Bill S56A

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Sponsored By

Current Bill Status - In Senate Committee Health Committee

Bill Amendments

co-Sponsors

2025-S56 - Details

2025-S56 - Summary

2025-S56 - Sponsor Memo

2025-S56 - Bill Text download pdf

co-Sponsors

2025-S56A - Details

2025-S56A - Summary

2025-S56A - Sponsor Memo

2025-S56A - Bill Text download pdf

co-Sponsors

2025-S56B (ACTIVE) - Details

2025-S56B (ACTIVE) - Summary

2025-S56B (ACTIVE) - Sponsor Memo

2025-S56B (ACTIVE) - Bill Text download pdf

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