Includes xylazine and other substances in the definition of drug adulterant testing supplies for the purposes of the dispensing of such supplies by health care professionals or pharmacists to any person.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8467A
SPONSOR: McDonald TITLE OF BILL:
An act to amend the public health law, in relation to the dispensing of
drug adulterant testing supplies
PURPOSE:
Relates to the dispensing of xylazine drug adulterant testing supplies
by health care professionals or pharmacists
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 1 of section 3309-b of the Public Health
Law to add xylazine and other substances to the scope of drug adulterant
testing supplies.
Section 2 establishes the effective date.
JUSTIFICATION:
In 2023, "Matthew's Law" was chaptered into law and authorized pharma-
cists to dispense drug adulterant testing supplies. However, xylazine
was not included in the list of drug adulterants.
In 2022, the federal Drug Enforcement Agency issued a report titled "The
Growing Threat of Xylazine and its Mixture with Illicit Drugs," and
issued a warning to the "American public of a sharp increase in the
trafficking of fentanyl mixed with xylazine. Xylazine, also known as
"Tranq," is a powerful sedative that the U.S. Food and Drug Adminis-
tration has approved for veterinary use...Xylazine is making the deadli-
est drug threat our country has ever faced, fentanyl, even deadlier. DEA
has seized xylazine and fentanyl mixtures in 48 of 50 States. The DEA
Laboratory System is reporting that in 2022 approximately 23% of fenta-
nyl powder and 7% of fentanyl pills seized by the DEA contained xyla-
zine."
In 2023, New York State began distributing free xylazine test strips,
recognizing that xylazine is exacerbating the overdose. crisis. Xyla-
zine not only contributes to overdose deaths but also leads to signif-
icant skin wounds that can result in amputation along with the risk of
seizures. Congress recently passed the bipartisan "Testing, Rapid Analy-
sis, and Narcotic Quality (TRANQ) Research Act" that is expected to be
signed into law and expanding xylazine testing will further the goals of
the TRANQ Act as well.
LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect thirtieth day after it shall have become a
law.
STATE OF NEW YORK
________________________________________________________________________
8467--A
2023-2024 Regular Sessions
IN ASSEMBLY
December 29, 2023
___________
Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee on Health -- recommitted to the Committee on Health in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to the dispensing of
drug adulterant testing supplies
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 1 of section 3309-b of the
2 public health law, as amended by chapter 16 of the laws of 2024, is
3 amended to read as follows:
4 (a) "Drug adulterant testing supplies" means any drug testing product
5 that is used to determine whether a substance contains fentanyl or a
6 fentanyl analog, xylazine, or other substance.
7 § 2. This act shall take effect on the thirtieth day after it shall
8 have become a law. Effective immediately, the addition, amendment
9 and/or repeal of any rule or regulation necessary for the implementation
10 of this act on its effective date are authorized to be made and
11 completed on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13772-02-4
