S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
January 5, 2011
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to establishing the
drug manufacturer collection program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
2811-a to read as follows:
S 2811-A. DISPOSAL OF DRUGS. NO HOSPITAL OR RESIDENTIAL HEALTH CARE
FACILITY SHALL DISPOSE OF ANY DRUG IN ANY OTHER MANNER THAN THAT ESTAB-
LISHED BY SECTION THIRTY-THREE HUNDRED SEVENTEEN OF THIS CHAPTER.
S 2. The public health law is amended by adding a new section 3317 to
read as follows:
S 3317. MANUFACTURER DRUG COLLECTION PROGRAM. 1. EVERY MANUFACTURER OF
DRUGS SHALL ESTABLISH AND IMPLEMENT A COLLECTION PROGRAM FOR UNUSED AND
EXPIRED DRUGS HELD BY HOSPITALS AND RESIDENTIAL HEALTH CARE FACILITIES.
EACH MANUFACTURER SHALL BE RESPONSIBLE FOR ALL COSTS AND THE SECURITY OF
ITS DRUG COLLECTION PROGRAM.
2. ANY SUCH MANUFACTURER MAY CONTRACT WITH A SUITABLE PUBLIC OR
PRIVATE THIRD PARTY FOR THE ESTABLISHMENT AND IMPLEMENTATION OF ITS DRUG
COLLECTION PROGRAM PURSUANT TO THIS SECTION. EVERY MANUFACTURER WHICH
CONTRACTS WITH A THIRD PARTY PURSUANT TO THIS SUBDIVISION SHALL FULLY
REIMBURSE THE THIRD PARTY FOR ALL COSTS OF IMPLEMENTING ITS DRUG
3. EVERY HOSPITAL AND RESIDENTIAL HEALTH CARE FACILITY SHALL RETURN
ALL ITS UNUSED AND EXPIRED DRUGS TO THE APPROPRIATE MANUFACTURER'S DRUG
4. EVERY MANUFACTURER SHALL DISPOSE OF ALL DRUGS COLLECTED PURSUANT TO
THIS SECTION IN AN ENVIRONMENTALLY SOUND MANNER AS PROVIDED IN RULES AND
REGULATIONS PROMULGATED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 830 2
5. EVERY MANUFACTURER, SHALL ON A BIANNUAL BASIS, SUBMIT A WRITTEN
REPORT TO THE DEPARTMENT ON ITS DRUG COLLECTION PROGRAM, INCLUDING THE
TYPES AND AMOUNTS OF DRUGS COLLECTED.
S 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.