Bill Text: NY A04150 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 4150 (Prior Session Legislation)

Bill Title: Provides that residential health care facilities may return and redistribute unused medication provided that such medication is in the manufacturer's original, tamper evident packaging; directs the commissioner of health to establish a reasonable fee of reimbursement of costs related to the receipt, restocking and redistribution of such medication payable to the pharmacy to which such medication is returned.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2012-04-30 - print number 4150a [A04150 Detail]

Download: New_York-2011-A04150-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4150
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 1, 2011
                                      ___________
       Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
         Committee on Health
       AN ACT to amend the public health law, in relation to return and  redis-
         tribution of unused medication
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 2803-e of the public health law, as added by  chap-
    2  ter 902 of the laws of 1977 and renumbered by chapter 340 of the laws of
    3  1980, is amended to read as follows:
    4    S  2803-e.  Residential  health care facilities; return and redistrib-
    5  ution  of  unused  medication.  1.  Notwithstanding   any   inconsistent
    6  provision  of  law, rule or regulation to the contrary, the commissioner
    7  is hereby authorized  and  directed  to  permit  either  a  resident  or
    8  consultant  pharmacist  OR  HIS  OR HER DESIGNEE in a residential health
    9  care facility to return to the pharmacy from which it was purchased  any
   10  unused  medication  provided  that  such  medication  is  sealed  in THE
   11  MANUFACTURER'S ORIGINAL unopened[,] TAMPER EVIDENT PACKAGING AND  EITHER
   12  individually  packaged  [units]  OR  PACKAGED IN UNIT-DOSE PACKAGING and
   13  within the recommended period of shelf life, AND, IF ORAL OR  PARENTERAL
   14  MEDICATIONS,  SEALED  IN  SINGLE-DOSE CONTAINERS APPROVED BY THE FEDERAL
   15  FOOD AND DRUG ADMINISTRATION, AND, IF A TOPICAL  OR  INHALANT  DRUG,  IS
   16  SEALED  IN UNITS-OF-USE CONTAINERS APPROVED BY THE FEDERAL FOOD AND DRUG
   17  ADMINISTRATION and provided that such medication  is  not  a  controlled
   18  substance  as defined in section thirty-three hundred six of [the public
   19  health law] THIS CHAPTER.
   20    2. The pharmacy to which such medication as described  in  subdivision
   21  one  of  this section is returned shall be permitted to receive, restock
   22  and redistribute that medication.   THE  COMMISSIONER,  IN  CONSULTATION
   23  WITH  THE  ADVISORY  COMMITTEE  ESTABLISHED  BY  SUBDIVISION SIX OF THIS
   24  SECTION, SHALL ESTABLISH A REASONABLE  FEE  OF  REIMBURSEMENT  OF  COSTS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04234-01-1
       A. 4150                             2
    1  RELATED TO THE RECEIPT, RESTOCKING AND REDISTRIBUTION OF SUCH MEDICATION
    2  PAYABLE TO THE PHARMACY TO WHICH SUCH MEDICATION IS RETURNED.
    3    3.  The  pharmacy to which such medication as described in subdivision
    4  one of this section is returned shall be required to reimburse or credit
    5  the purchaser of that medication  for  the  unused  medication  that  is
    6  restocked and redistributed. No pharmacy shall be required to accept any
    7  medication returned under subdivision one of this section.
    8    4.  Neither  an  individual  patient  or  the state, if a patient is a
    9  recipient of a state funded program, shall be charged for unused medica-
   10  tion which according to the provisions  of  this  law  is  returned  for
   11  reimbursement or credit.
   12    5.  THE  COMMISSIONER  SHALL  ESTABLISH  PROCEDURES TO ASSURE THAT ANY
   13  RETURN OF MEDICATIONS AUTHORIZED  BY  THIS  SECTION,  AND  ANY  RECEIPT,
   14  RESTOCKING OR REDISTRIBUTION OF MEDICATION SO RETURNED SHALL COMPLY WITH
   15  THE  FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)
   16  OF 1996, AS AMENDED.
   17    6. THE DEPARTMENT SHALL CONVENE AN ADVISORY COMMITTEE  TO  ASSIST  THE
   18  COMMISSIONER IN DEVELOPING A REASONABLE FEE OF REIMBURSEMENT PURSUANT TO
   19  THE  PROVISIONS OF SUBDIVISION TWO OF THIS SECTION. THE ADVISORY COMMIT-
   20  TEE SHALL BE COMPRISED OF LICENSED PHARMACISTS CURRENTLY ENGAGED IN  THE
   21  PROVISION  OF LONG TERM CARE PHARMACY SERVICES. MEMBERS OF THE COMMITTEE
   22  SHALL BE APPOINTED BY THE GOVERNOR: TWO MEMBERS OF THE  COMMITTEE  SHALL
   23  BE  APPOINTED  ON  THE  RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE
   24  SENATE AND THE SPEAKER  OF  THE  ASSEMBLY;  AND  TWO  MEMBERS  SHALL  BE
   25  APPOINTED  ON  THE RECOMMENDATION OF THE MINORITY LEADER OF THE ASSEMBLY
   26  AND THE MINORITY LEADER OF THE SENATE.
   27    S 2. This act shall take effect on the one hundred twentieth day after
   28  it shall have become a law; provided, however, that the commissioner  of
   29  health  shall  promulgate  rules and regulations prior to such effective
   30  date.