BILL NUMBER: S2099C
SPONSOR: HARCKHAM
 
TITLE OF BILL:
An act to amend the public health law, in relation to enacting
"Matthew's law"
 
PURPOSE:
To establish "Matthew's Law", requires dispensing of fentanyl testing
supplies.
 
SUMMARY OF PROVISIONS:
Section 1 titles the bill "Matthew's Law"
Section 2 amends the public health law by adding a new section to 3309-b
to authorize pharmacists to dispense drug adulterant testing supplies.
Testing supplies shall be stored at a licensed pharmacy, hospital, clin-
ic, or other health care facility in a manner that limits access to
health care professionals. Retail stores containing pharmacies may
dispense testing supplies from the pharmacy department only. No quantity
of drug adulterant testing supplies greater than necessary to conduct
five assays of substances shall be dispensed in a single transaction.
Section 2 states the effective date.
 
JUSTIFICATION:
"Matthew's Law" honors the memory of Matthew Horan, a Westchester resi-
dent with substance use disorder who died at age 30 of a fentanyl over-
dose in November of 2020. His sister, Kailey Horan, has requested New
York find a way to make fentanyl testing kits accessible to procure
after her brother ingested the drug unknowingly.
In 2021, fentanyl overdoses made up 87.8% of all opioid deaths(1). Just
two milligrams of fentanyl can be considered a lethal dose- the equiv-
alent to 10 grains of kitchen salt.
Fentanyl overdose is now the leading cause of death among Americans aged
18 to 45- ahead of suicide, COVID-19, and car accidents, according to
data from the Centers for Disease Control and Prevention (CDC).
In 2021, for the first time in history, the Biden administration allowed
federal grant money to be used to purchase fentanyl test strips. We must
be doing everything we can to follow suit in destigmatizing testing
strips.
New York made impactful change by issuing a standing order for pharma-
cies to carry Narcan, a life saving tool that reverses potentially
lethal overdoses from opioids. By providing both Narcan and testing
strips we can give New Yorkers struggling with addiction all of the
resources they need to stop drug overdose deaths.
 
LEGISLATIVE HISTORY:
2021-2022: S9616 - Died in Rules
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
(1) https://usafacts.org/articles/are-fentenyl-overdose-deaths-rising-
in-the-us/?utm_source=dynamic&utm_medium=rss
(2) HTTPS://WWW.CDC.GOV/STOPOVERDOSE/FENTANYL/FENTANYL-TEST-STRIPS.HTML