STATE OF NEW YORK ________________________________________________________________________ 9616 IN SENATE December 16, 2022 ___________ Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public health law, in relation to enacting "Matthew's law" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 "Matthew's law". 3 § 2. The public health law is amended by adding a new section 3309-b 4 to read as follows: 5 § 3309-b. Dispensing of drug adulterant testing supplies. 1. As used 6 in this section: 7 (a) "Drug adulterant testing supplies" means any drug testing product 8 that is used to determine whether a controlled substance contains fenta- 9 nyl or a fentanyl analog. 10 (b) "Health care professional" means a person licensed, registered or 11 authorized pursuant to title eight of the education law to prescribe 12 prescription drugs. 13 (c) "Pharmacist" means a person licensed or authorized to practice 14 pharmacy pursuant to article one hundred thirty-seven of the education 15 law. 16 2. A health care professional or pharmacist may dispense drug adulter- 17 ant testing supplies to any person. Any drug adulterant testing supplies 18 dispensed under this section shall be stored at a licensed pharmacy, 19 hospital, clinic, or other health care facility or at the medical office 20 of a health care professional and in a manner that limits access to the 21 drug adulterant testing supplies to health care professionals or pharma- 22 cists employed at the pharmacy, hospital, clinic, or other health care 23 facility or medical office and any persons designated by the health care 24 professional or pharmacist. Drug adulterant testing supplies dispensed 25 at a retail store containing a pharmacy under this section may be 26 dispensed only from the pharmacy department of the retail store. No 27 quantity of drug adulterant testing supplies greater than necessary to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16530-02-2

S. 9616 2 1 conduct five assays of substances suspected of containing adulterants 2 shall be dispensed in any single transaction. 3 3. The commissioner shall promulgate all rules and regulations neces- 4 sary for the implementation of this section. 5 § 3. This act shall take effect on the thirtieth day after it shall 6 have become a law. Effective immediately, the addition, amendment and/or 7 repeal of any rule or regulation necessary for the implementation of 8 this act on its effective date are authorized to be made and completed 9 on or before such effective date.

Enacts "Matthew's law"

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