SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2543

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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SENATE, January 2, 2024.

The committee on Senate Ways and Means to whom was referred the Senate Bill relative to fentanyl test strips (Senate, No. 2458), - reports, recommending that the same ought to pass with an amendment substituting a new draft with the same title (Senate, No. 2543).

For the committee,

Michael J. Rodrigues

        FILED ON: 1/2/2024

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2543

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to fentanyl test strips.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 1 of chapter 94C of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the word “substances”, in line 123, the following words:- ; provided, however, that said testing equipment shall not include fentanyl test strips or any testing equipment or device solely used, intended for use or designed to be used to determine whether a substance contains fentanyl or its analogues.

SECTION 2. Said chapter 94C is hereby further amended by inserting after section 19F the following section:-

Section 19G. Any person who, in good faith, provides, administers or utilizes a fentanyl test strip or any testing equipment or device solely used, intended for use or designed to be used to determine whether a substance contains fentanyl or its analogues shall not, as a result of the person’s acts or omissions, be subject to any criminal or civil liability or any professional disciplinary action; provided, however, that this section shall not apply to acts of gross negligence or willful or wanton misconduct.