Amendment ID: S2898-3

Amendment 3

Fentanyl Test Strips

Ms. Creem moves that the proposed new text be amended by adding the following section:-

SECTION __. 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 __. 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.