Assembly Bill A9756

2011-2012 Legislative Session

Authorizes pharmacies to take back controlled substances

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A9756 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §206, Pub Health L; add §220.01, Pen L
Versions Introduced in 2013-2014 Legislative Session:
A1101

2011-A9756 (ACTIVE) - Summary

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

2011-A9756 (ACTIVE) - Bill Text download pdf 

                            
                    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:

  Section 1. Section 206 of the public health law is amended by adding a
new subdivision 29 to read as follows:
  29.(A) IN CONSULTATION WITH THE STATE BOARD OF PHARMACY,  THE  COMMIS-
SIONER  SHALL  ADOPT  RULES  AND  REGULATIONS  ESTABLISHING A CONTROLLED
SUBSTANCE TAKE BACK PROGRAM AUTHORIZING CERTAIN PHARMACIES TO TAKE  BACK
CONTROLLED SUBSTANCES.
  (B) SUCH RULES AND REGULATIONS SHALL ESTABLISH ALL OF THE FOLLOWING:
  (1)   ELIGIBILITY   CRITERIA  FOR  PHARMACIES  TO  RECEIVE  CONTROLLED
SUBSTANCES UNDER THE PROGRAM;
  (2) STANDARDS AND PROCEDURES FOR ACCEPTING, SAFELY STORING AND DISPOS-
ING OF SUCH CONTROLLED SUBSTANCES;
  (3) REPORTING REQUIREMENTS FOR SUCH PHARMACIES; AND
  (4) ANY OTHER STANDARDS AND PROCEDURES THE BOARD  CONSIDERS  APPROPRI-
ATE.
  (C)  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,  THE  TERM "CONTROLLED
SUBSTANCE" SHALL MEAN ANY SUBSTANCE  OR  SUBSTANCES  LISTED  IN  SECTION
THIRTY-THREE HUNDRED SIX OF THIS CHAPTER.
  S  2.  The penal law is amended by adding a new section 220.01 to read
as follows:
S 220.01 CONTROLLED SUBSTANCE TAKE BACK PROGRAM EXEMPTIONS.
  1. IT SHALL NOT BE A VIOLATION OF ANY PROVISION OF THIS ARTICLE WHEN A
PERSON'S UNLAWFUL POSSESSION OF A CONTROLLED SUBSTANCE IS DISCOVERED  AS
A  RESULT  OF  SUCH  PERSON'S  LAWFUL  PARTICIPATION  IN  THE CONTROLLED
SUBSTANCE TAKE BACK PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION  TWENTY-
NINE  OF  SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW REGARDLESS OF
WHETHER SUCH PERSON IS  ACCEPTING  OR  IS  TURNING  IN  SUCH  CONTROLLED
SUBSTANCE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14647-01-2

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