1 of 1 SENATE DOCKET, NO. 656 FILED ON: 1/17/2023 SENATE . . . . . . . . . . . . . . No. 926 The Commonwealth of Massachusetts _________________ PRESENTED BY: Cynthia Stone Creem _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act relative to fentanyl test strips. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and Middlesex 1 of 2 SENATE DOCKET, NO. 656 FILED ON: 1/17/2023 SENATE . . . . . . . . . . . . . . No. 926 By Ms. Creem, a petition (accompanied by bill, Senate, No. 926) of Cynthia Stone Creem for legislation relative to fentanyl test strips. The Judiciary. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ An Act relative to fentanyl test strips. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. Section 1 of chapter 94C is hereby amended by inserting at the end of the 2definition of "Drug paraphernalia" the following sentence:- 3 The term “drug paraphernalia” shall not include fentanyl test strips or any testing 4equipment or devices solely used, intended for use, or designed to be used to determine whether 5a substance contains fentanyl or its analogues. 6 SECTION 2. Said chapter 94 is hereby further amended by inserting after section 19D 7the following section:- 8 Section 19E. Any person who, in good faith provides, administers or utilizes fentanyl test 9strips or any testing equipment or devices solely used, intended for use, or designed to be used to 10determine whether a substance contains fentanyl or its analogues shall not, as a result of the 11person’s acts or omissions, be subject to any criminal or civil liability or any professional 2 of 2 12disciplinary action; provided, however, that this section shall not apply to acts of gross 13negligence or willful or wanton misconduct.