Amendment ID: S2543-3

Amendment 3

Other Testing Equipment

Messrs. Velis, Keenan and O'Connor move that the proposed new draft be amended by striking out section 1 and replacing with the following section:-

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 test strips or any testing equipment or device solely used, intended for use or designed to be used to determine whether a substance contains a contaminant, including fentanyl or its analogues.

Further amends the bill, by striking out section 2 and replacing with the following section:-

Section 19G. Any person who, in good faith, provides, administers or utilizes a test strip or any testing equipment or device solely used, intended for use or designed to be used to determine whether a substance contains a contaminant, including 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.