Bill Text: NY A05972 | 2009-2010 | General Assembly | Introduced


Bill Title: An act to amend the public health law, in relation to the redistribution and reimbursement of certain unused medications

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to health [A05972 Detail]

Download: New_York-2009-A05972-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5972
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 23, 2009
                                      ___________
       Introduced  by  M.  of A. TOWNS, WALKER -- read once and referred to the
         Committee on Health
       AN ACT to amend the public health law, in relation to the redistribution
         and reimbursement of certain unused medications
         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  2803-s to read as follows:
    3    S 2803-S. RESIDENTIAL HEALTH  CARE  AND  LONG  TERM  CARE  FACILITIES;
    4  REDISTRIBUTION  OF  UNUSED MEDICATION. 1. (A) NOTWITHSTANDING ANY INCON-
    5  SISTENT PROVISION OF LAW,  RULE  OR  REGULATION  TO  THE  CONTRARY,  THE
    6  COMMISSIONER  IS  HEREBY AUTHORIZED AND DIRECTED TO PERMIT A RESIDENTIAL
    7  HEALTH CARE FACILITY OR A LONG TERM CARE FACILITY  TO  REDISTRIBUTE  ANY
    8  UNUSED  MEDICATION FOR USE WITHIN SUCH FACILITY PROVIDED THAT SUCH MEDI-
    9  CATION IS SEALED IN UNOPENED, INDIVIDUALLY PACKAGED UNITS AND WITHIN THE
   10  RECOMMENDED PERIOD OF SHELF LIFE, AND PROVIDED THAT SUCH  MEDICATION  IS
   11  NOT  A  CONTROLLED  SUBSTANCE AS DEFINED IN SECTION THIRTY-THREE HUNDRED
   12  SIX OF THIS CHAPTER.
   13    (B) IF SUCH MEDICATIONS ARE REPACKAGED IN MANUFACTURER'S UNIT DOSE  OR
   14  MULTIPLE-DOSE  BLISTER  PACKS,  SUCH  MEDICATION MAY BE REDISTRIBUTED BY
   15  SUCH RESIDENTIAL HEALTH CARE OR LONG TERM  CARE  FACILITY  IF:  (I)  THE
   16  MEDICATION LABEL CLEARLY INDICATES THE MEDICATION LOT NUMBER, EXPIRATION
   17  DATE  AND  DATE  ON WHICH SUCH MEDICATION WAS REPACKAGED; (II) LESS THAN
   18  NINETY DAYS HAVE ELAPSED FROM THE DATE OF REPACKAGING  OF  SUCH  MEDICA-
   19  TION; AND (III) A REPACKAGING LOG IS MAINTAINED  BY SUCH FACILITY IN THE
   20  CASE OF MEDICATIONS REPACKAGED IN ADVANCE OF IMMEDIATE NEEDS.
   21    (C)  NO  MEDICATION  DISTRIBUTED IN A BULK DISPENSING CONTAINER MAY BE
   22  REDISTRIBUTED TO A RESIDENT WITHIN SUCH FACILITY.
   23    2. THE RESIDENTIAL HEALTH CARE FACILITY OR  LONG  TERM  CARE  FACILITY
   24  SHALL  BE  PERMITTED TO RECEIVE, RESTOCK AND REDISTRIBUTE THE MEDICATION
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08626-01-9
       A. 5972                             2
    1  AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION TO RESIDENTS WITHIN SUCH
    2  FACILITIES.
    3    3. THE RESIDENTIAL HEALTH CARE FACILITY OR THE LONG TERM CARE FACILITY
    4  IN WHICH SUCH MEDICATION AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION
    5  IS REUSED SHALL BE REQUIRED TO REIMBURSE OR CREDIT THE PURCHASER OF THAT
    6  MEDICATION  FOR  THE  UNUSED MEDICATION THAT IS RESTOCKED AND REDISTRIB-
    7  UTED. NO RESIDENTIAL HEALTH CARE FACILITY OR  LONG  TERM  CARE  FACILITY
    8  SHALL BE REQUIRED TO REUSE ANY MEDICATION RETURNED UNDER SUBDIVISION ONE
    9  OF THIS SECTION.
   10    4.  NEITHER  AN  INDIVIDUAL  PATIENT  NOR THE STATE, IF A PATIENT IS A
   11  RECIPIENT OF A STATE FUNDED PROGRAM, SHALL BE CHARGED FOR UNUSED MEDICA-
   12  TION WHICH ACCORDING TO THE PROVISIONS  OF  THIS  LAW  IS  RETURNED  FOR
   13  REIMBURSEMENT OR CREDIT.
   14    S 2. This act shall take effect immediately.
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