Bill Text: NY A09756 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes pharmacies to take back controlled substances and exempts those participating in such program from possession of controlled substances violations in the penal law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-04-02 - referred to health [A09756 Detail]

Download: New_York-2011-A09756-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9756
                                 I N  A S S E M B L Y
                                     April 2, 2012
                                      ___________
       Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
         tee on Health
       AN ACT to amend the public health law and the penal law, in relation  to
         authorizing pharmacies to take back controlled substances
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 206 of the public health law is amended by adding a
    2  new subdivision 29 to read as follows:
    3    29.(A) IN CONSULTATION WITH THE STATE BOARD OF PHARMACY,  THE  COMMIS-
    4  SIONER  SHALL  ADOPT  RULES  AND  REGULATIONS  ESTABLISHING A CONTROLLED
    5  SUBSTANCE TAKE BACK PROGRAM AUTHORIZING CERTAIN PHARMACIES TO TAKE  BACK
    6  CONTROLLED SUBSTANCES.
    7    (B) SUCH RULES AND REGULATIONS SHALL ESTABLISH ALL OF THE FOLLOWING:
    8    (1)   ELIGIBILITY   CRITERIA  FOR  PHARMACIES  TO  RECEIVE  CONTROLLED
    9  SUBSTANCES UNDER THE PROGRAM;
   10    (2) STANDARDS AND PROCEDURES FOR ACCEPTING, SAFELY STORING AND DISPOS-
   11  ING OF SUCH CONTROLLED SUBSTANCES;
   12    (3) REPORTING REQUIREMENTS FOR SUCH PHARMACIES; AND
   13    (4) ANY OTHER STANDARDS AND PROCEDURES THE BOARD  CONSIDERS  APPROPRI-
   14  ATE.
   15    (C)  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,  THE  TERM "CONTROLLED
   16  SUBSTANCE" SHALL MEAN ANY SUBSTANCE  OR  SUBSTANCES  LISTED  IN  SECTION
   17  THIRTY-THREE HUNDRED SIX OF THIS CHAPTER.
   18    S  2.  The penal law is amended by adding a new section 220.01 to read
   19  as follows:
   20  S 220.01 CONTROLLED SUBSTANCE TAKE BACK PROGRAM EXEMPTIONS.
   21    1. IT SHALL NOT BE A VIOLATION OF ANY PROVISION OF THIS ARTICLE WHEN A
   22  PERSON'S UNLAWFUL POSSESSION OF A CONTROLLED SUBSTANCE IS DISCOVERED  AS
   23  A  RESULT  OF  SUCH  PERSON'S  LAWFUL  PARTICIPATION  IN  THE CONTROLLED
   24  SUBSTANCE TAKE BACK PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION  TWENTY-
   25  NINE  OF  SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW REGARDLESS OF
   26  WHETHER SUCH PERSON IS  ACCEPTING  OR  IS  TURNING  IN  SUCH  CONTROLLED
   27  SUBSTANCE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14647-01-2
       A. 9756                             2
    1    2.  FOR THE PURPOSES OF THIS SECTION, THE TERM "TURNING IN" SHALL MEAN
    2  ENTERING A PHARMACY FOR THE PURPOSE OF DEPOSITING A CONTROLLED SUBSTANCE
    3  WITH THE PHARMACIST PURSUANT  TO  THE  CONTROLLED  SUBSTANCE  TAKE  BACK
    4  PROGRAM  ESTABLISHED  PURSUANT TO SUBDIVISION TWENTY-NINE OF SECTION TWO
    5  HUNDRED SIX OF THE PUBLIC HEALTH LAW.
    6    S 3. This act shall take effect on the first of November next succeed-
    7  ing the date upon which it shall have become a law. Effective immediate-
    8  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    9  necessary for the implementation of this act on its  effective  date  is
   10  authorized to be made on or before such date.