New York Assembly Bill A05005 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 5005--A 2023-2024 Regular Sessions  IN ASSEMBLY February 27, 2023 ___________ Introduced by M. of A. STECK, ZACCARO -- read once and referred to the Committee on Alcoholism and Drug Abuse -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the mental hygiene law, in relation to establishing the fentanyl and xylazine test strip program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The mental hygiene law is amended by adding a new section 2 19.46 to read as follows: 3 § 19.46 Fentanyl and xylazine test strip program. 4 1. The commissioner shall establish a program whereby individuals may 5 receive, free of charge, fentanyl test strips to detect the presence of 6 fentanyl and xylazine test strips to detect the presence of xylazine. 7 The following facilities may apply to distribute such fentanyl and xyla- 8 zine test strips: 9 (a) hospital emergency rooms; 10 (b) addiction treatment facilities; 11 (c) facilities for substance use disorder programs; 12 (d) homeless shelters; 13 (e) urgent care centers; 14 (f) mobile medication units; 15 (g) treatment facilities as defined in paragraph five of subdivision 16 (a) of section 22.09 of this title; and 17 (h) any other setting, as determined by the office, which is routinely 18 accessed by individuals with a substance use disorder. 19 2. Individuals shall not be targeted by law enforcement when they are 20 obtaining fentanyl and/or xylazine test strips at the authorized 21 distribution facilities pursuant to subdivision one of this section. 22 3. The commissioner, in cooperation with the commissioner of the 23 department of health, shall develop and conduct a public awareness and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05428-02-3 
 A. 5005--A 2 1 educational campaign on the dangers of fentanyl and xylazine. Such 2 campaign shall detail where fentanyl and xylazine may be found and the 3 availability of the free fentanyl and xylazine test strips at the facil- 4 ities referenced in subdivision one of this section. 5 § 2. This act shall take effect on the one hundred eightieth day after 6 it shall have become a law. Effective immediately, the addition, amend- 7 ment and/or repeal of any rule or regulation necessary for the implemen- 8 tation of this act on its effective date are authorized to be made and 9 completed on or before such effective date.