Provides free fentanyl test strips to individuals at specified distribution facilities; requires a public awareness campaign on the dangers of fentanyl and the provision of the test strips.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1084
SPONSOR: Steck TITLE OF BILL:
An act to amend the mental hygiene law, in relation to establishing the
fentanyl test strip program
PURPOSE:
To expand access to fentanyl and xylazine test strips, preventing acci-
dental overdose and death of unsuspecting illicit substance users.
SUMMARY OF PROVISIONS:
Section 1. The mental hygiene law is amended by adding a new section to
read as follows:
§19.46 Fentanyl and xylazine test strip program.
1. The commissioner shall establish a program where individuals may
receive, free of charge, fentanyl test strips to detect the presence of
fentanyl and xylazine test strips to detect the presence of xylazine.
The following facilities may apply to distribute such test strips:
(a) hospital emergency rooms;
(b) addiction treatment facilities;
(c) facilities for substance use disorder programs;
(d) homeless shelters;
(e) urgent care centers;
(f) mobile medication units;
(g) treatment facilities as defined in subdivision five of section 22.09
of this title; and
(h) any other setting, as determined by the office, which is routinely
accessed by individuals with substance use disorder.
2. Individuals shall not be targeted by law enforcement when they are
obtaining test strips at the.facilities.
3. The commissioner, in cooperation with the commissioner of the depart-
ment of health, shall develop and conduct a public awareness and educa-
tional campaign on the dangers of fentanyl and xylazine. The campaign
shall detail where fentanyl and xylazine can be found and the availabil-
ity of the free test strips at the facilities referenced.
Section 2: Effective date.
JUSTIFICATION:
Overdose deaths involving fentanyl has risen dramatically in recent
years. According to the DEA, in 2022 "Fentanyl saturates the illegal
drug supply in New York City and is a factor in roughly 80% of overdose
deaths. Even casual or occasional illegal drug use could be fatal, and
with an explosion in counterfeit pills containing fentanyl, a single
tablet purchased online or on social media could be deadly." "In Decem-
ber of 2022, the DEA alerted the public to a sharp nationwide increase
in the lethality of fentanyl-laced fake prescription pills. DEA labora-
tory testing in 2022 revealed that six out of ten fentanyllaced, fake
prescription pills contained a potentially lethal dose of fentanyl. This
is an increase from DEA's announcement in 2021 that four out of ten
fentanyl-laced, fake prescription pills contain a potentially deadly
dose."
In October of 2022, the DEA reported "Xylazine, reported as an adulter-
ant in an increasing number of illicit drug mixtures, has also been
detected in a growing number of overdose deaths. It is commonly encount-
ered in combination with fentanyl but has also been detected in mixtures
containing cocaine, heroin, and a variety of other drugs. However,
xylazine is most frequently reported in combinations with two or more
substances present" and "The presence of xylazine in illicit drug combi-
nations and its detection in fatal overdoses may be more widespread than
reported as a number of jurisdictions across the country may not include
xylazine in forensic laboratory or toxicology testing."
Fentanyl and xylazine, both separately and in combination, can be found
in cocaine, heroin, MDMA (molly), and a variety of other substances.
Though the effects of fentanyl can be reserved with naloxone (Narcan),
xylazine is a non-opioid agent and its effects cannot be reserved with
naloxone.
This program provides for illicit substance users to access fentanyl and
xylazine test strips anonymously and free of charge, and not to be
targeted by law enforcement when accessing them. It also establishes a
public awareness campaign to educate the public about the dangers of
fentanyl and xylazine, where fentanyl and xylazine can be found, and
where to go for test strips.
LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1084
2025-2026 Regular Sessions
IN ASSEMBLY
January 8, 2025
___________
Introduced by M. of A. STECK, ZACCARO, BORES, K. BROWN -- read once and
referred to the Committee on Alcoholism and Drug Abuse
AN ACT to amend the mental hygiene law, in relation to establishing the
fentanyl 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 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. The following facilities may apply to distribute such fentanyl
7 test strips:
8 (a) hospital emergency rooms;
9 (b) addiction treatment facilities;
10 (c) facilities for substance use disorder programs;
11 (d) homeless shelters;
12 (e) urgent care centers;
13 (f) mobile medication units;
14 (g) treatment facilities as defined in subdivision five of section
15 22.09 of this title; and
16 (h) any other setting, as determined by the office, which is routinely
17 accessed by individuals with a substance use disorder.
18 2. Individuals shall not be targeted by law enforcement when they are
19 obtaining the fentanyl test strips at the facilities pursuant to subdi-
20 vision one of this section.
21 3. The commissioner, in cooperation with the commissioner of the
22 department of health, shall develop and conduct a public awareness and
23 educational campaign on the dangers of fentanyl. Such campaign shall
24 detail where fentanyl may be found and the availability of the free
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03052-01-5
A. 1084 2
1 fentanyl test strips at the facilities referenced in subdivision one of
2 this section.
3 § 2. This act shall take effect on the one hundred eightieth day after
4 it shall have become a law. Effective immediately, the addition, amend-
5 ment and/or repeal of any rule or regulation necessary for the implemen-
6 tation of this act on its effective date are authorized to be made and
7 completed on or before such effective date.
