Bill Text: NY A00211 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 211 (Prior Session Legislation)

Introduced

Bill Title: Requires drug manufacturers to collect unused and expired drugs from hospitals and residential health care facilities for environmentally sound disposal thereof.

Spectrum: Partisan Bill (Democrat 24-0)

Status: (Introduced - Dead) 2012-01-04 - referred to health [A00211 Detail]

Download: New_York-2011-A00211-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          211
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by M. of A. MAISEL, ENGLEBRIGHT -- read once and referred to
         the Committee on Health
       AN ACT to amend the public health law, in relation to  establishing  the
         drug manufacturer collection program
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The public health law is amended by adding  a  new  section
    2  2811-a to read as follows:
    3    S  2811-A.  DISPOSAL  OF DRUGS. NO HOSPITAL OR RESIDENTIAL HEALTH CARE
    4  FACILITY SHALL DISPOSE OF ANY DRUG IN ANY OTHER MANNER THAN THAT  ESTAB-
    5  LISHED BY SECTION THIRTY-THREE HUNDRED SEVENTEEN OF THIS CHAPTER.
    6    S  2. The public health law is amended by adding a new section 3317 to
    7  read as follows:
    8    S 3317. MANUFACTURER DRUG COLLECTION PROGRAM. 1. EVERY MANUFACTURER OF
    9  DRUGS SHALL ESTABLISH AND IMPLEMENT A COLLECTION PROGRAM FOR UNUSED  AND
   10  EXPIRED  DRUGS HELD BY HOSPITALS AND RESIDENTIAL HEALTH CARE FACILITIES.
   11  EACH MANUFACTURER SHALL BE RESPONSIBLE FOR ALL COSTS AND THE SECURITY OF
   12  ITS DRUG COLLECTION PROGRAM.
   13    2. ANY SUCH MANUFACTURER  MAY  CONTRACT  WITH  A  SUITABLE  PUBLIC  OR
   14  PRIVATE THIRD PARTY FOR THE ESTABLISHMENT AND IMPLEMENTATION OF ITS DRUG
   15  COLLECTION  PROGRAM  PURSUANT  TO THIS SECTION. EVERY MANUFACTURER WHICH
   16  CONTRACTS WITH A THIRD PARTY PURSUANT TO THIS  SUBDIVISION  SHALL  FULLY
   17  REIMBURSE  THE  THIRD  PARTY  FOR  ALL  COSTS  OF  IMPLEMENTING ITS DRUG
   18  COLLECTION PROGRAM.
   19    3. EVERY HOSPITAL AND RESIDENTIAL HEALTH CARE  FACILITY  SHALL  RETURN
   20  ALL  ITS UNUSED AND EXPIRED DRUGS TO THE APPROPRIATE MANUFACTURER'S DRUG
   21  COLLECTION PROGRAM.
   22    4. EVERY MANUFACTURER SHALL DISPOSE OF ALL DRUGS COLLECTED PURSUANT TO
   23  THIS SECTION IN AN ENVIRONMENTALLY SOUND MANNER AS PROVIDED IN RULES AND
   24  REGULATIONS PROMULGATED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00770-01-1
       A. 211                              2
    1    5. EVERY MANUFACTURER, SHALL ON A BIANNUAL  BASIS,  SUBMIT  A  WRITTEN
    2  REPORT  TO  THE DEPARTMENT ON ITS DRUG COLLECTION PROGRAM, INCLUDING THE
    3  TYPES AND AMOUNTS OF DRUGS COLLECTED.
    4    S  3. This act shall take effect on the first of January next succeed-
    5  ing the date on which it shall have become a law.