S T A T E O F N E W Y O R K ________________________________________________________________________ 1748--A Cal. No. 1270 2011-2012 Regular Sessions I N S E N A T E January 12, 2011 ___________ Introduced by Sens. GOLDEN, RANZENHOFER -- read twice and ordered print- ed, and when printed to be committed to the Committee on Health -- committee discharged and said bill committed to the Committee on Rules -- ordered to a third reading, amended and ordered reprinted, retain- ing its place in the order of third reading 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04234-03-1 S. 1748--A 2 1 WITH THE ADVISORY COMMITTEE ESTABLISHED BY SUBDIVISION SIX OF THIS 2 SECTION, SHALL ESTABLISH A REASONABLE FEE OF REIMBURSEMENT OF COSTS 3 RELATED TO THE RECEIPT, RESTOCKING AND REDISTRIBUTION OF SUCH MEDICATION 4 PAYABLE TO THE PHARMACY TO WHICH SUCH MEDICATION IS RETURNED. 5 3. The pharmacy to which such medication as described in subdivision 6 one of this section is returned shall be required to reimburse or credit 7 the purchaser of that medication for the unused medication that is 8 restocked and redistributed. No pharmacy shall be required to accept any 9 medication returned under subdivision one of this section. 10 4. Neither an individual patient or 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 5. THE COMMISSIONER SHALL ESTABLISH PROCEDURES TO ASSURE THAT ANY 15 RETURN OF MEDICATIONS AUTHORIZED BY THIS SECTION, AND ANY RECEIPT, 16 RESTOCKING OR REDISTRIBUTION OF MEDICATION SO RETURNED SHALL COMPLY WITH 17 THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) 18 OF 1996, AS AMENDED. 19 6. THE DEPARTMENT SHALL CONVENE AN ADVISORY COMMITTEE TO ASSIST THE 20 COMMISSIONER IN DEVELOPING A REASONABLE FEE OF REIMBURSEMENT PURSUANT TO 21 THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION. THE ADVISORY COMMIT- 22 TEE SHALL BE COMPRISED OF LICENSED PHARMACISTS CURRENTLY ENGAGED IN THE 23 PROVISION OF LONG TERM CARE PHARMACY SERVICES. MEMBERS OF THE COMMITTEE 24 SHALL BE APPOINTED BY THE GOVERNOR: TWO MEMBERS OF THE COMMITTEE SHALL 25 BE APPOINTED ON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE 26 SENATE AND THE SPEAKER OF THE ASSEMBLY; AND TWO MEMBERS SHALL BE 27 APPOINTED ON THE RECOMMENDATION OF THE MINORITY LEADER OF THE ASSEMBLY 28 AND THE MINORITY LEADER OF THE SENATE. 29 7. A PRESCRIPTION DRUG MANUFACTURER SHALL NOT, IN THE ABSENCE OF BAD 30 FAITH, BE SUBJECT TO CRIMINAL OR CIVIL LIABILITY FOR INJURY, DEATH, OR 31 LOSS TO PERSON OR PROPERTY FOR MATTERS RELATED TO THE RETURN, DONATION, 32 ACCEPTANCE, REDISTRIBUTION OR DISPENSING OF A PRESCRIPTION DRUG MANUFAC- 33 TURED BY THE PRESCRIPTION DRUG MANUFACTURER THAT IS DONATED BY ANY 34 PERSON UNDER THE PROGRAM, INCLUDING BUT NOT LIMITED TO LIABILITY FOR 35 FAILURE TO TRANSFER OR COMMUNICATE PRODUCT OR CONSUMER INFORMATION OR 36 THE EXPIRATION DATE OF THE DONATED PRESCRIPTION DRUG. 37 S 2. This act shall take effect on the one hundred twentieth day after 38 it shall have become a law; provided, however, that the commissioner of 39 health shall promulgate rules and regulations prior to such effective 40 date.