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Matthew’s Law/Dispensing of Fentanyl Testing Supplies: 2024 Chapter Amendments

Our office previously released a Video Legal Briefing on December 7, 2023 discussing Matthew’s Law, which permitted health care professionals and pharmacists to dispense fentanyl testing supplies. Here is a link to the previous Video Legal Briefing: 



As noted in the previous Video Legal Briefing, accompanying the new law was an approval memorandum from the Governor where she noted that the bill as drafted could imply that it was illegal to dispense drug adulterant testing supplies in any way other than as prescribed – and the legislation needed to be revised to clarify who could lawfully dispense these supplies.  As a result of these issues, the Governor had reached an agreement with the Legislature to enact some forthcoming changes. 

 

On January 26, 2024, Governor Hochul did sign a new bill into law containing those changes. To summarize, the new revisions accomplish the following:


(a)  The revisions remove the word “controlled” from “controlled substance” in the definition of “drug adulterant testing supplies,” thereby expanding the scope of testing;

 

(b)  The revisions remove the storage and some of the other provisions that limit access to the drug adulterant testing supplies;

 

(c)  The revisions add language specifically noting that nothing in the new law shall require a license to distribute the drug adulterant testing supplies; and

 

(d) The revisions no longer mandate that the Commissioner of Health issue rules and regulations to implement the law but make such rules and regulations discretionary (“may make”).

 

These changes in the law take effect on the same date as the original law (December 17, 2023). 



Our firm has extensive experience counseling health care providers on statutory and regulatory requirements, as well as preparing and implementing applicable policies. If you have any questions related to this Legal Briefing, please contact any member of our firm at 585-730- 4773.


MATTHEWS LAW-LEGAL BRIEFING
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This Legal Briefing is intended for general informational and educational purposes only and should not be considered legal advice or counsel. The substance of this Legal Briefing is not intended to cover all legal issues or developments regarding the matter. Please consult with an attorney to ascertain how these new developments may relate to you or your business. © 2024 Law Offices of Pullano & Farrow PLLC

 

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