senate Bill S3102

Restricts retail sale of ipecac syrup to behind the pharmacy counter or under manager control

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 08 / Feb / 2011
    • REFERRED TO CONSUMER PROTECTION
  • 10 / May / 2011
    • REPORTED AND COMMITTED TO HEALTH
  • 24 / May / 2011
    • 1ST REPORT CAL.829
  • 25 / May / 2011
    • 2ND REPORT CAL.
  • 01 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 06 / Jun / 2011
    • SUBSTITUTED BY A372

Summary

Directs the commissioner of health to require that access to retail sale of ipecac syrup shall not be unrestricted; requires placement behind the pharmacy or only accessible through the manager of a retail establishment.

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Bill Details

See Assembly Version of this Bill:
A372
Versions:
S3102
Legislative Cycle:
2011-2012
Law Section:
General Business Law
Laws Affected:
Add ยง391-r, Gen Bus L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S5591B, A544B
2007-2008: A3913

Votes

9
0
9
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Consumer Protection committee vote details

Sponsor Memo

BILL NUMBER:S3102

TITLE OF BILL:
An act
to amend the general business law, in relation to restricting access to
ipecac syrup

PURPOSE:
To restrict the access to retail sale of ipecac.

SUMMARY OF PROVISIONS:
Section 1 amends the general business law by adding a new section
391-r which restricts the access to retail sale of ipecac.

JUSTIFICATION:
Ipecac syrup has long been distributed for emergency use to induce
vomiting in poisoning cases. Recent years have seen an increase in.
ipecac abuse among sufferers of bulimia, anorexia and binge eating
disorder. While ipecac is often effective in inducing emesis and
decreasing the absorption of poisonous toxins, its side effects and
abuse potential offer cause for concern.

Repeated use and abuse of ipecac syrup has been linked to skin
conditions, cardiac and skeletal muscle weakness, and electrolyte
imbalance, with sometimes fatal results. An emerging consensus among
many professional medical groups is that syrup of ipecac should no
longer be used routinely as a poison treatment in the home. U.S.A.
poison centers have also markedly reduced their use of ipecac syrup
over the previous decade and, on June 12, 2003, the Food and Drug
Administration's Nonprescription Drugs Advisory Committee
recommended by a vote of six to four that the FDA rescind ipecac's
over-the-counter status.

This legislation seeks to regulate the availability of, and access to,
this noxious powerful emetic.

LEGISLATIVE HISTORY:
05/06/09 passed Assembly
02/01/10 passed Assembly
01/07/09 referred to health
01/22/09 reported referred to codes
04/21/09 reported
04/23/09 advanced to third reading cal.349
05/06/09 passed assembly
05/06/09 delivered to senate
05/06/09 REFERRED TO HEALTH
01/06/10 DIED IN SENATE
01/06/10 RETURNED TO ASSEMBLY
01/06/10 ordered to third reading cal.42
02/01/10 passed assembly
02/01/10 delivered to senate
02/01/10 REFERRED TO HIGHER EDUCATION
03/08/10 recalled from senate
03/08/10 RETURNED TO ASSEMBLY
03/08/10 vote reconsidered - restored to third reading
03/08/10 amended on third reading (t) 544a


03/22/10 amended on third reading 544b
05/11/10 repassed assembly
05/11/10 returned to senate

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
rules and regulations necessary to implement section one of this act
shall be promulgated and take effect on or before the one hundred
eightieth day after this act shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3102

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law,  in  relation  to  restricting
  access to ipecac syrup

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
391-r to read as follows:
  S 391-R. RESTRICTED ACCESS TO RETAIL SALE OF IPECAC.   1.  ANY  RETAIL
ESTABLISHMENT  THAT SELLS ANY PRODUCT OR PRODUCTS CONTAINING AS THE ONLY
ACTIVE INGREDIENT IPECAC, SHALL LIMIT  ACCESS  TO  SUCH  PRODUCTS  IN  A
MANNER  DESIGNED  TO  PREVENT THE MISUSE OR ABUSE OF SUCH PRODUCTS. SUCH
LIMITATIONS SHALL INCLUDE REMOVING SUCH PRODUCTS FROM SHELVES AND  OTHER
LOCATIONS  THAT  ARE  DIRECTLY ACCESSIBLE BY CUSTOMERS, AND PLACING SUCH
PRODUCTS BEHIND A PHARMACY COUNTER SO THAT A CONSUMER MUST REQUEST  SUCH
PRODUCTS  IN  ORDER  TO OBTAIN SUCH PRODUCTS FROM AN EMPLOYEE WORKING IN
THE PHARMACY. IF THE RETAIL ESTABLISHMENT WISHES TO SELL  SUCH  PRODUCTS
BUT  DOES NOT MAINTAIN A PHARMACY AT THAT RETAIL LOCATION, SUCH PRODUCTS
SHALL BE MADE SECURE SUCH THAT THEY MAY ONLY BE ACCESSED BY  A  MANAGER,
ASSISTANT MANAGER, ACTING MANAGER OR OTHER SUPERVISORY PERSONNEL AT SUCH
LOCATION.
  2.  AS  USED IN THIS SECTION "RETAIL ESTABLISHMENT" MEANS EVERY VENDOR
THAT IN THE REGULAR COURSE OF BUSINESS SELLS PRODUCTS CONTAINING  IPECAC
AT  RETAIL DIRECTLY TO THE PUBLIC INCLUDING, BUT NOT LIMITED TO, PHARMA-
CIES, GROCERY STORES, AND OTHER RETAIL STORES.
  S 2. This act shall take effect immediately; provided,  however,  that
the rules and regulations necessary to implement section one of this act
shall be promulgated and take effect on or before the one hundred eight-
ieth day after this act shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01091-01-1

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