By Bob Katzen

The Senate approved and sent to the House a bill that would exclude fentanyl test strips and fentanyl drug testing equipment from the definition of drug paraphernalia.

It also includes a Good Samaritan Law that would provide that anyone who, in good faith, provides, administers or utilizes fentanyl test strips or fentanyl drug testing equipment shall not be subject to any criminal or civil liability or any professional disciplinary action.

The legislation expands a 2024 law that provided criminal and civil liability protections for those in the harm reduction community who provide or use fentanyl test strips in good faith. The bill would expand the liability protections beyond those just in the harm reduction community and ensure police officers and others who seek to distribute the tests or others acting in good faith are afforded legal protection.

Supporters said that under current law, selling or distributing these items could be a crime. As a result, police departments and others who are interested in distributing fentanyl test strips are concerned that doing so would subject them to criminal or civil liability. They noted that Massachusetts already has a similar Good Samaritan law to shield people from liability anyone who administers naloxone, an opioid antagonist which is used as an emergency treatment used for the complete or partial reversal of an opioid overdose.

“Fentanyl test strips are inexpensive, easy to use, and, most importantly, they are an evidence-based tool that saves lives,” said Senate Majority Leader Cindy Creem (D-Newton), the sponsor of the measure. “By making them widely available, Massachusetts can give people one more way to prevent overdoses and protect families from tragedy.”