* § 3309-b. Dispensing of drug adulterant testing supplies. 1. As used in this section:

1. (a) "Drug adulterant testing supplies" means any drug testing product that is used to determine whether a controlled substance contains fentanyl or a fentanyl analog.
2. (b) "Health care professional" means a person licensed, registered or authorized pursuant to title eight of the education law to prescribe prescription drugs.
3. (c) "Pharmacist" means a person licensed or authorized to practice pharmacy pursuant to article one hundred thirty-seven of the education law.
4. 2. A health care professional or pharmacist is authorized to dispense drug adulterant testing supplies to any person. Any drug adulterant testing supplies dispensed under this section shall be stored at a licensed pharmacy, hospital, clinic, or other health care facility or at the medical office of a health care professional and in a manner that limits access to the drug adulterant testing supplies to health care professionals or pharmacists employed at the pharmacy, hospital, clinic, or other health care facility or medical office and any persons designated by the health care professional or pharmacist. Drug adulterant testing supplies dispensed at a retail store containing a pharmacy under this section shall be dispensed only from the pharmacy department of the retail store. No quantity of drug adulterant testing supplies greater than necessary to conduct five assays of substances suspected of containing adulterants shall be dispensed in any single transaction.
5. 3. The commissioner shall promulgate all rules and regulations necessary for the implementation of this section. * NB Effective December 17, 2023