Section 94C:34A 1/2 - Liability protections for persons providing drug testing services(a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: "Drug testing services", the use of testing equipment to identify or analyze the strength, effectiveness or purity of a controlled substance to determine whether the controlled substance contains chemicals, toxic substances or hazardous compounds prior to its injection, inhalation or ingestion by another person.
"Testing equipment", including, but not limited to: fentanyl test strips, colorimetric reagents, high-performance liquid chromatography, gas chromatography and mass spectrometry.
(b)(1) A person acting in good faith and within the scope of such person's role providing or assisting in the provision of harm reduction services as an owner, employee, intern, volunteer or third-party contractor of an entity providing harm reduction services may provide or assist in the provision of drug testing services to an individual to ensure that a controlled substance in the possession of the individual and exclusively for that individual's personal use does not contain dangerous chemicals, toxic substances or hazardous compounds likely to cause an accidental overdose.(2) A person acting in good faith and within the scope of such person's role providing or assisting in the provision of harm reduction services as an owner, employee, intern, volunteer or third-party contractor of an entity providing harm reduction services who provides or assists in the provision of drug testing services pursuant to this section shall not be charged or prosecuted pursuant to sections 32I, 34 or 40.(3) A person acting in good faith and within the scope of such person's role providing or assisting in the provision of harm reduction services as an owner, employee, intern, volunteer or third-party contractor of an entity providing harm reduction services who provides or assists in the provision of drug testing services pursuant to this section shall not be subject to any criminal or civil liability or any professional disciplinary action as a result of any act or omission related to the provision of drug testing services; provided, however, that this paragraph shall not apply to acts or omissions of gross negligence or willful or wanton misconduct.(c) An individual acting in good faith who seeks drug testing services of a controlled substance in such individual's possession and intended exclusively for such individual's personal use from a person acting in good faith and within the scope of the person's role providing or assisting in the provision of harm reduction services as an owner, employee, intern, volunteer or third-party contractor of an entity providing harm reduction services shall not be charged or prosecuted pursuant to sections 32I, 34 or 40 while on the premises where the drug testing services are conducted.Mass. Gen. Laws ch. 94C, § 94C:34A 1/2
Added by Acts 2024, c. 285,§ 7, eff. 12/23/2024.