BILL NUMBER: S56B
SPONSOR: FERNANDEZ
 
PURPOSE OR GENERAL IDEA OF BILL:
To create a drug checking services program to assist individuals in
determining whether a drug or controlled substance contains contam-
inants, toxic substances, or hazardous compounds.
 
SUMMARY OF PROVISIONS:
Section 1 establishes the drug checking services program.
Section 2 adds individuals and entities engaging in drug checking
services programs to section 3305 of public health law.
Section 3 sets the effective date.
 
JUSTIFICATION:
New York is in the middle of an overdose epidemic. For the past few
years, New York has exceeded national rates of opioid overdose deaths
with over 30 individuals per 100,000 dying from drug overdoses. The
amount of opioid deaths grew almost 300% between 2010 and 2020, effec-
tively responsible for 85% of all drug overdose deaths in New York in
2020.
In 2017 the CDC published a findings report of the state-level economic
costs of opioid use disorder and fatal opioid overdoses. It found opioid
use disorder has cost New York State an estimated $22.7 million, and
fatal opioid overdoses costing $37.2 million, totalling to a combined 60
million in losses. On a national scale, New York's opioid crisis
accounts for $19.3 million relating to healthcare costs and $7.5 million
in lost productivity of the country's opioid crisis.*
Since 2017, the opioid crisis has been intensified by substances such as
fentanyl and xylazine being mixed with opioids. Some of these compounds
do not react to life-saving opioid antagonists like naloxone. To save
lives, and mitigate the crisis, it is necessary to start with knowing
what substances an individual may be coming in contact with.
This bill serves as the first step in combating this health and econom-
ical issue. To be able to cut back on these exorbitant costs made by the
opioid crisis, preliminary steps must be made first. This means decreas-
ing the amount of deaths occuring due to the influx of fentanyl and
xylazine by conducting drug checks. In addition, this bill will allow
individuals to test their drugs, without fear of retribution or criminal
justice outcomes, allowing them to make informed decisions about drug
use.
*Luo F, Li M, Florence C. State-Level Economic Costs of Opioid Use
Disorder and Fatal Opioid Overdose - United States, 2017. MMWR Morb
Mortal Wkly Rep 2021;70:541-546. DOI:
http://dx.doi.org/10.15585/mmwr.mm7015a1
 
PRIOR LEGISLATIVE HISTORY:
2023-2024: S4880 / A7487
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that subdivi-
sions four and eight of section 507 of the public health law, as added
by section one of this act, shall take effect on the ninetieth day after
it shall have become a law.