senate Bill S3944

Amended

Authorizes pharmacies to take back controlled substances

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Bill Status


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

  • 27 / Feb / 2013
    • REFERRED TO HEALTH
  • 10 / Jun / 2013
    • 1ST REPORT CAL.1165
  • 11 / Jun / 2013
    • 2ND REPORT CAL.
  • 12 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 13 / Jun / 2013
    • AMENDED ON THIRD READING (T) 3944A
  • 17 / Jun / 2013
    • AMENDED ON THIRD READING 3944B
  • 20 / Jun / 2013
    • SUBSTITUTED BY A1101B

Summary

Authorizes pharmacies to take back controlled substances.

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Bill Details

See Assembly Version of this Bill:
A1101A
Versions:
S3944
S3944A
S3944B
Legislative Cycle:
2013-2014
Law Section:
Public Health Law
Laws Affected:
Amd §206, Pub Health L; add §220.01, Pen L

Votes

Sponsor Memo

BILL NUMBER:S3944

TITLE OF BILL: An act to amend the public health law and the penal
law, in relation to authorizing pharmacies to take back controlled
substances

PURPOSE:

Provides additional avenues of controlled substance disposal and
encourages disposal of unused medications by authorizing pharmacies to
establish controlled substances take-back programs.

SUMMARY OF PROVISIONS:

Section one adds a new Public Health Law § 206(29) to require the
Commissioner of Health, in consultation with the State Board of
Pharmacy, to adopt regulations establishing a controlled substance
take-back program authorizing certain pharmacies to take back
controlled substances. These regulations must establish eligibility
criteria, standards for accepting and storing controlled substances,
and reporting requirements.

Section two adds a new Penal Law § 220.01 to provide that possession
of a controlled substance by an individual lawfully participating in
the controlled substance take-back program shall not be a violation of
the Penal Law. This section also provides a definition applicable when
individuals are "turning in" controlled substances under the program.

Section three provides that this act shall take effect 180 days after
the Federal Drug Enforcement Agency (DEA) adopts rules and regulations
authorizing controlled substance take back programs as outlined in
this bill.

JUSTIFICATION:

Under current federal rules, controlled substances can only be
surrendered to law enforcement agencies. Implementing the Secure and
Responsible Drug Disposal Act of 2012, the DEA published proposed
regulations for disposing of controlled substance prescription drugs
in December of 2012. The proposed regulations seek to expand options
for drug disposal through take-back events, mail-back programs and
collection box locations. Among other things, these provisions would
allow retail pharmacies to administer mail-back programs and maintain
collection boxes.

According to the National Survey on Drug Use and Health, 70% of
controlled substance prescription abusers get their drugs from a
family member or friend. This highlights the need for New York to be
proactive in getting unused, excess medications out of medicine
cabinets and into the proper hands for disposal. This bill ensures
that upon adoption of federal regulations permitting such, the
Department of Health shall establish regulations authorizing pharmacy
take-back programs. By making avenues of disposal more readily
available, this bill will result in less drugs being available for
misuse.

LEGISLATIVE HISTORY:


New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

180 days after adoption of federal regulations.

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

                                  3944

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 27, 2013
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03000-02-3

S. 3944                             2

WHETHER SUCH PERSON IS  ACCEPTING  OR  IS  TURNING  IN  SUCH  CONTROLLED
SUBSTANCE.
  2.  FOR THE PURPOSES OF THIS SECTION, THE TERM "TURNING IN" SHALL MEAN
ENTERING A PHARMACY FOR THE PURPOSE OF DEPOSITING A CONTROLLED SUBSTANCE
WITH THE PHARMACIST PURSUANT  TO  THE  CONTROLLED  SUBSTANCE  TAKE  BACK
PROGRAM  ESTABLISHED  PURSUANT TO SUBDIVISION TWENTY-NINE OF SECTION TWO
HUNDRED SIX OF THE PUBLIC HEALTH LAW.
  S 3. This act shall take effect on the one hundred eightieth day after
the federal Drug Enforcement Agency adopts rules and regulations author-
izing controlled substance take back programs, as defined in subdivision
29 of section 206 of the public health law as added by  section  one  of
this  act;  provided  that  the  commissioner of health shall notify the
legislative bill drafting commission upon the adoption of such rules and
regulations by the federal Drug Enforcement Agency  in  order  that  the
commission  may  maintain  an accurate and timely effective data base of
the official text of the laws of the state of New York in furtherance of
effectuating the provisions of section 44 of  the  legislative  law  and
section 70-b of the public officers law. Effective upon the provision of
such  notice  by  the  commissioner  of  health, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date is authorized to be made on or  before
such date.

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