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S T A T E O F N E W Y O R K
________________________________________________________________________
1084
2025-2026 Regular Sessions
I N A S S E M B L Y
January 8, 2025
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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.