Establishes a wound care kit and xylazine test strip distribution

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          2446

                               2025-2026 Regular Sessions

                                    I N  S E N A T E

                                    January 17, 2025
                                       ___________

        Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
          printed  to  be committed to the Committee on Alcoholism and Substance
          Use Disorders

        AN ACT to amend the mental hygiene law, in relation  to  establishing  a
          wound care kit and xylazine test strip distribution 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  19.47 to read as follows:
     3  § 19.47 WOUND CARE KIT AND XYLAZINE TEST STRIP DISTRIBUTION PROGRAM.
     4    1. THE COMMISSIONER SHALL ESTABLISH A PROGRAM WHEREBY INDIVIDUALS WITH
     5  A  SUBSTANCE  USE  DISORDER OR WHO ARE OTHERWISE AT RISK OF DRUG USE MAY
     6  RECEIVE, FREE OF CHARGE, WOUND CARE KITS SPECIFICALLY DESIGNED  FOR  THE
     7  TREATMENT   OF   INJECTION-RELATED  WOUNDS  AND  SKIN  AND  SOFT  TISSUE
     8  INFECTIONS, AND XYLAZINE TEST STRIPS TO DETECT THE PRESENCE OF XYLAZINE.
     9  THE FOLLOWING FACILITIES MAY APPLY TO DISTRIBUTE SUCH  WOUND  CARE  KITS
    10  AND XYLAZINE TEST STRIPS:
    11    (A) HOSPITAL EMERGENCY ROOMS;
    12    (B) ADDICTION TREATMENT FACILITIES;
    13    (C) FACILITIES FOR SUBSTANCE USE DISORDER PROGRAMS;
    14    (D) HOMELESS SHELTERS;
    15    (E) URGENT CARE CENTERS;
    16    (F) MOBILE HEALTH UNITS;
    17    (G) PUBLIC HEALTH OFFICES;
    18    (H) SAFE SYRINGE PROGRAMS; AND
    19    (I)  ANY  OTHER  SETTING,  AS  DETERMINED  BY THE DEPARTMENT, WHICH IS
    20  ROUTINELY ACCESSED BY INDIVIDUALS WITH A SUBSTANCE USE DISORDER  OR  WHO
    21  ARE  OTHERWISE AT RISK OF DRUG USE, AND WHO ARE IN NEED OF TREATMENT FOR
    22  INJECTION-RELATED WOUNDS AND SKIN AND SOFT  TISSUE  INFECTIONS,  OR  WHO
    23  WOULD BENEFIT FROM THE USE OF XYLAZINE TEST STRIPS.

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05467-01-5
        S. 2446                             2

     1    2.    FACILITIES DISTRIBUTING WOUND CARE KITS AND XYLAZINE TEST STRIPS
     2  PURSUANT TO SUBDIVISION  ONE  OF  THIS  SECTION  SHALL  NOT  RECORD  ANY
     3  PERSONALLY  IDENTIFYING  INFORMATION  REGARDING  TO WHOM SUCH WOUND CARE
     4  KITS AND XYLAZINE TEST STRIPS ARE DISTRIBUTED.
     5    3.  THE  COMMISSIONER, IN COOPERATION WITH THE COMMISSIONER OF HEALTH,
     6  SHALL DEVELOP AND CONDUCT A PUBLIC AWARENESS AND EDUCATIONAL CAMPAIGN ON
     7  THE IMPORTANCE OF PROPER WOUND CARE AND  TESTING  FOR  THE  PRESENCE  OF
     8  XYLAZINE FOR INDIVIDUALS WITH A SUBSTANCE USE DISORDER OR WHO ARE OTHER-
     9  WISE AT RISK OF DRUG USE. SUCH CAMPAIGN SHALL DETAIL HOW TO PROPERLY USE
    10  THE ITEMS IN WOUND CARE KITS DESIGNED FOR THE TREATMENT OF INJECTION-RE-
    11  LATED  WOUNDS  AND  SKIN AND SOFT TISSUE INFECTIONS, HOW TO PROPERLY USE
    12  XYLAZINE TEST STRIPS, AND THE AVAILABILITY OF FREE WOUND CARE  KITS  AND
    13  XYLAZINE  TEST STRIPS MADE AVAILABLE PURSUANT TO SUBDIVISION ONE OF THIS
    14  SECTION.
    15    4. THE PROVISIONS OF THIS SECTION SHALL NOT REPLACE THE  DUTY  OF  ANY
    16  FACILITY  LISTED  UNDER SUBDIVISION ONE OF THIS SECTION TO PROVIDE ACUTE
    17  WOUND CARE THAT WOULD OTHERWISE BE PROVIDED BY SUCH FACILITY.
    18    5. (A) NO POLICE OFFICER AS DEFINED BY SECTION 1.20  OF  THE  CRIMINAL
    19  PROCEDURE  LAW, PEACE OFFICER AS DEFINED BY SECTION 2.10 OF THE CRIMINAL
    20  PROCEDURE LAW, OR POLICE AGENCY AS  DEFINED  BY  SECTION  EIGHT  HUNDRED
    21  THIRTY-FIVE  OF  THE  EXECUTIVE  LAW,  SHALL SUBJECT ANY FACILITY LISTED
    22  UNDER SUBDIVISION ONE OF THIS SECTION, OR ANY  INDIVIDUAL,  TO  SURVEIL-
    23  LANCE, INVESTIGATION, OR PROSECUTION FOR DISTRIBUTING OR RECEIVING WOUND
    24  CARE KITS OR XYLAZINE TEST STRIPS PURSUANT TO THIS SECTION.
    25    (B)  RECEIPT  OR  POSSESSION  BY  AN INDIVIDUAL OF A WOUND CARE KIT OR
    26  XYLAZINE TEST STRIP UNDER THE PROGRAM ESTABLISHED PURSUANT  TO  SUBDIVI-
    27  SION  ONE  OF  THIS  SECTION  SHALL  NOT  CONSTITUTE REASONABLE CAUSE TO
    28  BELIEVE THAT SUCH INDIVIDUAL HAS COMMITTED AN OFFENSE  OR  CRIME  SUFFI-
    29  CIENT TO AUTHORIZE ARREST UNDER SECTION 140.10 OF THE CRIMINAL PROCEDURE
    30  LAW,  AND  SHALL NOT BE THE BASIS OF ANY SEARCH OR SEIZURE OF SUCH INDI-
    31  VIDUAL OR SUCH INDIVIDUAL'S PROPERTY.
    32    § 2. This act shall take effect on the one hundred eightieth day after
    33  it shall have become a law. Effective immediately, the addition,  amend-
    34  ment and/or repeal of any rule or regulation necessary for the implemen-
    35  tation  of  this act on its effective date are authorized to be made and
    36  completed on or before such effective date.