Bill Text: NY S05717 | 2017-2018 | General Assembly | Amended

New York Senate Bill 5717 (Prior Session Legislation)

Bill Title: Requires chain pharmacies to operate a safe disposal site for unused controlled substances.

Spectrum: Slight Partisan Bill (Democrat 8-3)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO HEALTH [S05717 Detail]

Download: New_York-2017-S05717-Amended.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                         5717--A
            Cal. No. 905
                               2017-2018 Regular Sessions
                    IN SENATE
                                     April 26, 2017
                                       ___________
        Introduced  by  Sens.  HANNON,  AVELLA, MURPHY -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Health
          -- reported favorably from said committee, ordered to first and second
          report,  ordered  to  a  third reading, amended and ordered reprinted,
          retaining its place in the order of third reading
        AN ACT to amend the public health law, in  relation  to  disposal  sites
          operated by pharmacies
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 3 of section 3343-b of the public  health  law,
     2  as  amended  by  chapter 379 of the laws of 2015, is amended and two new
     3  subdivisions 4 and 5 are added to read as follows:
     4    3. Disposal sites shall be operated by law enforcement agencies, phar-
     5  macies that do not meet the definition of "chain pharmacy" as defined in
     6  subdivision four of this section, and  other  Federal  Drug  Enforcement
     7  Administration  authorized  collectors  on a voluntary basis. Nothing in
     8  this section shall require any political subdivision  of  the  state  to
     9  participate in the program established in this section.
    10    4.  It  is  the policy of the state to expand drug disposal options to
    11  keep unused medications from being  misused.  In  accordance  with  this
    12  policy,  chain pharmacies dispensing such medications shall also collect
    13  such medications in accordance with this section. For  the  purposes  of
    14  this section, "chain pharmacy" shall mean any pharmacy that is part of a
    15  group of ten or more establishments that: (a) conduct business under the
    16  same  business name, or (b) operate under common ownership or management
    17  or pursuant to a franchise  agreement  with  the  same  franchisor.  The
    18  commissioner  shall require any chain pharmacy operating in the state to
    19  become an authorized collector with the federal Drug Enforcement  Admin-
    20  istration  for  purposes of collecting controlled substances through use
    21  of a collection receptacle, mail-back program or other Drug  Enforcement
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03748-02-7

        S. 5717--A                          2
     1  Administration  approved  mechanism,  provided  such  is offered free of
     2  charge to all customers.
     3    5.  Nonresident  pharmacies registered pursuant to section sixty-eight
     4  hundred eight-b of the education law shall  offer  all  New  York  state
     5  residents  the  option to mail-back controlled substances free of charge
     6  to the consumer in accordance with this section,  and  federal  law  and
     7  regulations.
     8    §  2. This act shall take effect six months after it shall have become
     9  a law.