Bill Text: NY A02855 | 2015-2016 | General Assembly | Introduced

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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 14-0)

Status: (Introduced - Dead) 2016-01-06 - referred to health [A02855 Detail]

Download: New_York-2015-A02855-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2855
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2015
                                      ___________
       Introduced  by  M.  of A. ENGLEBRIGHT, LUPARDO, GUNTHER, COLTON, MOSLEY,
         TITONE, CRESPO, SCHIMEL, SIMOTAS -- Multi-Sponsored by  --  M.  of  A.
         BRENNAN,  COOK, GLICK, RIVERA, THIELE -- 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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07441-01-5
       A. 2855                             2
    1  REGULATIONS PROMULGATED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
    2  NOTWITHSTANDING THIS REQUIREMENT, DRUG  MANUFACTURERS  AND  THEIR  THIRD
    3  PARTY  CONTRACTORS  SHALL  NOT  DISPOSE OF DRUGS AS SOLID WASTE IN LAND-
    4  FILLS.
    5    5.  EVERY  MANUFACTURER  SHALL,  ON A BIANNUAL BASIS, SUBMIT A WRITTEN
    6  REPORT TO THE DEPARTMENT ON ITS DRUG COLLECTION PROGRAM,  INCLUDING  THE
    7  TYPES  AND  AMOUNTS OF DRUGS COLLECTED, THE METHODS OF DISPOSAL, AND THE
    8  FACILITIES WHERE THE DRUGS WERE TAKEN FOR DISPOSAL.
    9    S 3. This act shall take effect  on  the  fifteenth  of  January  next
   10  succeeding the date on which it shall have become a law.