BILL NUMBER:A11062
TITLE OF BILL: An act to amend the public health law, in relation to
establishing the disposal of prescription drugs program
PURPOSE OR GENERAL IDEA OF BILL: To protect New York's health, all
pharmacies would become disposal sites for prescription medications.
SUMMARY OF SPECIFIC PROVISIONS: This bill adds article 2-b to the
public health law.
JUSTIFICATION: Improperly disposing of prescriptions can pose several
threats to public health and safety. According to the US Food and Drug
Administration, some medicines are harmful or even fatal if used even
once by someone other than the intended user. Simply flushing medicine
is the surest way to avoid ingestion by the wrong person, but this
yields undesirable environmental effects. The New York State
Department of Environmental Conservation notes that pharmaceuticals
flushed down drains in your house eventually get into local rivers.
They report instances of male fish producing eggs when exposed to the
hormones found in birth control pills. The DEC also warns that long
term exposure to low levels of antibiotics may result in the evolution
of drug-resistant bacteria.
By instructing pharmacies to dispose of unwanted, expired, and unused
pharmaceuticals, we can avoid the dangers of improper disposal of
S T A T E O F N E W Y O R K
________________________________________________________________________
11062
I N A S S E M B L Y
May 12, 2010
___________
Introduced by M. of A. M. MILLER -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to establishing the
disposal of prescription drugs 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 article
2-B to rad as follows:
ARTICLE 2-B
DISPOSAL OF PRESCRIPTION DRUGS PROGRAM
SECTION 290. DEFINITIONS.
291. DISPOSAL OF PRESCRIPTION DRUGS PROGRAM; ESTABLISHMENT.
S 290. DEFINITIONS. 1. "PRESCRIPTION DRUG" OR "DRUG" MEANS A DRUG
DEFINED IN SUBDIVISION SEVEN OF SECTION SIXTY-EIGHT HUNDRED TWO OF THE
EDUCATION LAW, FOR WHICH A PRESCRIPTION IS REQUIRED UNDER THE FEDERAL
FOOD, DRUG AND COSMETIC ACT.
2. "PHARMACY" MEANS ANY PLACE IN WHICH DRUGS, PRESCRIPTIONS OR POISONS
ARE POSSESSED FOR THE PURPOSE OF COMPOUNDING, PRESERVING, DISPENSING OR
RETAILING, OR IN WHICH DRUGS, PRESCRIPTIONS OR POISONS ARE COMPOUNDED,
PRESERVED, DISPENSED OR RETAILED, OR IN WHICH SUCH DRUGS, PRESCRIPTIONS
OR POISONS ARE BY ADVERTISING OR OTHERWISE OFFERED FOR SALE AT RETAIL.
S 291. DISPOSAL OF PRESCRIPTION DRUGS PROGRAM; ESTABLISHMENT. 1. THERE
IS HEREBY ESTABLISHED IN THE DEPARTMENT A DISPOSAL OF PRESCRIPTION DRUGS
PROGRAM TO IMPLEMENT A SYSTEM BY WHICH PHARMACIES ACCEPT AND DISPOSE OF
ANY UNUSED PORTIONS OF PRESCRIPTION DRUGS PRESCRIBED TO RESIDENTS OF
THIS STATE.
2. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO PROMULGATE SUCH
RULES AND REGULATIONS AS ARE NECESSARY TO IMPLEMENT THE PROVISIONS OF
THIS ARTICLE. SUCH RULES AND REGULATIONS SHALL ENABLE PHARMACISTS TO
ACCEPT AND DISPOSE OF ANY PRESCRIPTION DRUG WHICH IS BROUGHT TO THEM FOR
THE PURPOSE OF DISPOSAL.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16331-01-0
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