N.Y. Pub. Health Law § 3309-b

* § 3309-b. Dispensing of drug adulterant testing supplies. 1. As used\nin this section:\n (a) "Drug adulterant testing supplies" means any drug testing product\nthat is used to determine whether a controlled substance contains\nfentanyl or a fentanyl analog.\n (b) "Health care professional" means a person licensed, registered or\nauthorized pursuant to title eight of the education law to prescribe\nprescription drugs.\n (c) "Pharmacist" means a person licensed or authorized to practice\npharmacy pursuant to article one hundred thirty-seven of the education\nlaw.\n 2. A health care professional or pharmacist is authorized to dispense\ndrug adulterant testing supplies to any person. Any drug adulterant\ntesting supplies dispensed under this section shall be stored at a\nlicensed pharmacy, hospital, clinic, or other health care facility or at\nthe medical office of a health care professional and in a manner that\nlimits access to the drug adulterant testing supplies to health care\nprofessionals or pharmacists employed at the pharmacy, hospital, clinic,\nor other health care facility or medical office and any persons\ndesignated by the health care professional or pharmacist. Drug\nadulterant testing supplies dispensed at a retail store containing a\npharmacy under this section shall be dispensed only from the pharmacy\ndepartment of the retail store. No quantity of drug adulterant testing\nsupplies greater than necessary to conduct five assays of substances\nsuspected of containing adulterants shall be dispensed in any single\ntransaction.\n 3. The commissioner shall promulgate all rules and regulations\nnecessary for the implementation of this section.\n * NB Effective December 17, 2023\n