NY State Assembly Bill 2009-A3264

Archive: Last Bill Status - Stricken

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 21, 2010	enacting clause stricken
Jan 06, 2010	referred to higher education
May 12, 2009	print number 3264b
May 12, 2009	amend and recommit to higher education
Mar 19, 2009	print number 3264a
Mar 19, 2009	amend and recommit to higher education
Jan 23, 2009	referred to higher education

Bill Amendments

Original

B (Active)

2009-A3264 - Details

2009-A3264 - Summary

Establishes under the direction of the state board of pharmacy a drug repository program to accept and dispense donated drug prescriptions; authorizes such board and the commissioner of health to promulgate rules and regulations; makes definitions; exempts such persons or entities who dispense such donated drugs from criminal or tort liability or professional disciplinary action.

2009-A3264 - Bill Text download pdf

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

                                  3264

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced  by M. of A. CHRISTENSEN, GUNTHER, COOK -- Multi-Sponsored by
  -- M. of A. CLARK, DelMONTE, DESTITO,  HOOPER,  JAFFEE,  KOON,  MAGEE,
  SWEENEY -- read once and referred to the Committee on Higher Education

AN ACT to amend the education law, in relation to establishing under the
  direction  of the state board of pharmacy a drug repository program to
  accept and dispense donated prescription drugs

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

  Section  1.  The education law is amended by adding a new section 6829
to read as follows:
  S 6829. REPOSITORY PROGRAM; ACCEPT AND DISPENSE  DONATED  PRESCRIPTION
DRUGS. 1. AS USED IN THIS SECTION: A. "HOSPITAL" HAS THE SAME MEANING AS
IN  SUBDIVISION  ONE  OF  SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC
HEALTH LAW.
  B. "NONPROFIT CLINIC" MEANS A CORPORATION AS DEFINED  IN  SUBPARAGRAPH
FIVE  OF  PARAGRAPH (A) OF SECTION ONE HUNDRED TWO OF THE NOT-FOR-PROFIT
CORPORATION LAW, OR ANY CHARITABLE ORGANIZATION NOT  ORGANIZED  AND  NOT
OPERATED  FOR PROFIT, THAT PROVIDES HEALTH CARE SERVICES TO INDIGENT AND
UNINSURED PERSONS. "NONPROFIT CLINIC" SHALL NOT INCLUDE A HOSPITAL OR  A
FACILITY  AS  DEFINED IN SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED
ONE OF THE PUBLIC HEALTH LAW.
  C. "PRESCRIPTION DRUG" MEANS ANY DRUG TO WHICH THE FOLLOWING APPLIES:
  (1) UNDER THE FOOD, DRUG, AND COSMETIC ACT, 52 STAT. 1040  (1938),  21
U.S.C.A.  301, AS AMENDED, THE DRUG IS REQUIRED TO BEAR A LABEL CONTAIN-
ING THE LEGEND,  "CAUTION:  FEDERAL  LAW  PROHIBITS  DISPENSING  WITHOUT
PRESCRIPTION"  OR "CAUTION: FEDERAL LAW RESTRICTS THIS DRUG TO USE BY OR
ON THE ORDER OF A LICENSED  VETERINARIAN"  OR  ANY  SIMILAR  RESTRICTIVE
STATEMENT, OR THE DRUG MAY BE DISPENSED ONLY UPON A PRESCRIPTION.
  (2)  UNDER  THIS  ARTICLE,  THE  DRUG  MAY  BE  DISPENSED  ONLY UPON A
PRESCRIPTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04088-02-9

A. 3264                             2

  2. THE STATE BOARD OF  PHARMACY  SHALL  ESTABLISH  A  DRUG  REPOSITORY
PROGRAM  TO  ACCEPT  AND  DISPENSE  PRESCRIPTION  DRUGS  DONATED FOR THE
PURPOSE OF BEING DISPENSED TO INDIVIDUALS  WHO  ARE  RESIDENTS  OF  THIS
STATE  AND  MEET  ELIGIBILITY  STANDARDS  ESTABLISHED IN RULES AND REGU-
LATIONS  ADOPTED  BY  THE  BOARD UNDER SUBDIVISION FIVE OF THIS SECTION.
ONLY DRUGS IN THEIR ORIGINAL SEALED AND TAMPER-EVIDENT UNIT DOSE PACKAG-
ING SHALL BE ACCEPTED AND DISPENSED. THE PACKAGING  SHALL  BE  UNOPENED,
EXCEPT  THAT  DRUGS  PACKAGED IN SINGLE UNIT DOSES SHALL BE ACCEPTED AND
DISPENSED WHEN THE OUTSIDE PACKAGING IS OPENED IF THE SINGLE  UNIT  DOSE
PACKAGING  IS UNDISTURBED. DRUGS DONATED BY INDIVIDUALS BEARING AN EXPI-
RATION DATE THAT IS LESS THAN SIX MONTHS  FROM  THE  DATE  THE  DRUG  IS
DONATED SHALL NOT BE ACCEPTED OR DISPENSED. A DRUG SHALL NOT BE ACCEPTED
OR  DISPENSED  IF  THERE  IS REASON TO BELIEVE THAT IT IS ADULTERATED AS
DESCRIBED IN  SECTION  SIXTY-EIGHT  HUNDRED  FIFTEEN  OF  THIS  ARTICLE.
SUBJECT  TO  THE  LIMITATION SPECIFIED IN THIS SUBDIVISION, UNUSED DRUGS
DISPENSED FOR PURPOSES OF THE  MEDICAID  PROGRAM  MAY  BE  ACCEPTED  AND
DISPENSED UNDER THE DRUG REPOSITORY PROGRAM.
  3.  A.  ANY  PERSON,  INCLUDING A DRUG MANUFACTURER OR ANY HEALTH CARE
FACILITY MAY DONATE PRESCRIPTION DRUGS TO THE DRUG  REPOSITORY  PROGRAM.
THE  DRUGS SHALL BE DONATED AT A PHARMACY, HOSPITAL, OR NONPROFIT CLINIC
THAT ELECTS TO PARTICIPATE IN THE  DRUG  REPOSITORY  PROGRAM  AND  MEETS
CRITERIA FOR PARTICIPATION IN THE PROGRAM ESTABLISHED IN RULES AND REGU-
LATIONS ADOPTED BY THE STATE BOARD OF PHARMACY UNDER SUBDIVISION FIVE OF
THIS SECTION. PARTICIPATION IN THE PROGRAM BY PHARMACIES, HOSPITALS, AND
NONPROFIT CLINICS IS VOLUNTARY. NOTHING IN THIS SECTION REQUIRES A PHAR-
MACY, HOSPITAL, OR NONPROFIT CLINIC TO PARTICIPATE IN THE PROGRAM.
  B.  A  PHARMACY, HOSPITAL, OR NONPROFIT CLINIC ELIGIBLE TO PARTICIPATE
IN THE PROGRAM SHALL DISPENSE DRUGS DONATED UNDER THIS SECTION TO  INDI-
VIDUALS  WHO ARE RESIDENTS OF THIS STATE AND MEET THE ELIGIBILITY STAND-
ARDS ESTABLISHED IN RULES AND REGULATIONS ADOPTED  BY  THE  BOARD  UNDER
SUBDIVISION  FIVE  OF  THIS  SECTION OR TO OTHER GOVERNMENT ENTITIES AND
NONPROFIT PRIVATE ENTITIES TO BE DISPENSED TO INDIVIDUALS WHO  MEET  THE
ELIGIBILITY  STANDARDS.  A  DRUG  SHALL  BE DISPENSED ONLY PURSUANT TO A
PRESCRIPTION ISSUED BY A  LICENSED  HEALTH  PROFESSIONAL  AUTHORIZED  TO
PRESCRIBE  DRUGS,  AS DEFINED IN SECTION SIXTY-EIGHT HUNDRED TWO OF THIS
ARTICLE. A PHARMACY, HOSPITAL, OR NONPROFIT CLINIC THAT ACCEPTS  DONATED
DRUGS  SHALL  COMPLY  WITH  ALL APPLICABLE FEDERAL LAWS AND LAWS OF THIS
STATE DEALING WITH STORAGE AND DISTRIBUTION OF DANGEROUS DRUGS AND SHALL
INSPECT ALL DRUGS PRIOR TO DISPENSING THEM TO DETERMINE THAT SUCH  DRUGS
ARE  NOT  ADULTERATED. THE PHARMACY, HOSPITAL, OR NONPROFIT CLINIC SHALL
CHARGE INDIVIDUALS RECEIVING DONATED DRUGS A HANDLING FEE ESTABLISHED IN
ACCORDANCE WITH RULES AND REGULATIONS ADOPTED BY THE BOARD UNDER  SUBDI-
VISION  FIVE  OF THIS SECTION. DRUGS DONATED TO THE REPOSITORY SHALL NOT
BE RESOLD.
  4. A. AS USED IN THIS SECTION, "HEALTH CARE PROFESSIONAL" MEANS ANY OF
THE FOLLOWING WHO PROVIDE MEDICAL, DENTAL, OR OTHER HEALTH-RELATED DIAG-
NOSIS, CARE, OR TREATMENT:
  (1) INDIVIDUALS AUTHORIZED UNDER THIS TITLE TO PRACTICE  MEDICINE  AND
SURGERY,  OSTEOPATHIC  MEDICINE  AND  SURGERY, OR PODIATRIC MEDICINE AND
SURGERY;
  (2) REGISTERED NURSES AND LICENSED  PRACTICAL  NURSES  LICENSED  UNDER
ARTICLE ONE HUNDRED THIRTY-NINE OF THIS TITLE;
  (3)  PHYSICIAN  ASSISTANTS  AUTHORIZED  TO  PRACTICE UNDER ARTICLE ONE
HUNDRED THIRTY-ONE-B OF THIS TITLE;
  (4) DENTISTS AND DENTAL HYGIENISTS LICENSED UNDER ARTICLE ONE  HUNDRED
THIRTY-THREE OF THIS TITLE;

A. 3264                             3

  (5)  OPTOMETRISTS  LICENSED  UNDER  ARTICLE ONE HUNDRED FORTY-THREE OF
THIS TITLE;
  (6) PHARMACISTS LICENSED UNDER THIS ARTICLE.
  B.  THE  STATE  BOARD  OF  PHARMACY;  THE  COMMISSIONER OF HEALTH; ANY
PERSON, INCLUDING A DRUG MANUFACTURER, OR GOVERNMENT ENTITY THAT DONATES
DRUGS TO THE REPOSITORY PROGRAM; ANY PHARMACY, HOSPITAL, NONPROFIT CLIN-
IC, OR HEALTH CARE PROFESSIONAL THAT ACCEPTS OR  DISPENSES  DRUGS  UNDER
THE  PROGRAM;  AND  ANY  PHARMACY,  HOSPITAL,  OR  NONPROFIT CLINIC THAT
EMPLOYS A HEALTH CARE PROFESSIONAL WHO ACCEPTS OR DISPENSES DRUGS  UNDER
THE PROGRAM SHALL NOT, IN THE ABSENCE OF BAD FAITH, BE SUBJECT TO ANY OF
THE  FOLLOWING FOR MATTERS RELATED TO DONATING, ACCEPTING, OR DISPENSING
DRUGS UNDER THE PROGRAM: CRIMINAL  PROSECUTION;  LIABILITY  IN  TORT  OR
OTHER  CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY; OR
PROFESSIONAL DISCIPLINARY ACTION.
  A DRUG MANUFACTURER SHALL NOT, IN THE ABSENCE OF BAD FAITH, BE SUBJECT
TO CRIMINAL PROSECUTION OR LIABILITY IN TORT OR OTHER CIVIL  ACTION  FOR
INJURY,  DEATH, OR LOSS TO PERSON OR PROPERTY FOR MATTERS RELATED TO THE
DONATION, ACCEPTANCE, OR DISPENSING OF A DRUG MANUFACTURED BY  THE  DRUG
MANUFACTURER  THAT IS DONATED BY ANY PERSON UNDER THE PROGRAM, INCLUDING
BUT NOT LIMITED TO LIABILITY FOR  FAILURE  TO  TRANSFER  OR  COMMUNICATE
PRODUCT  OR  CONSUMER  INFORMATION OR THE EXPIRATION DATE OF THE DONATED
DRUG.
  5. IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, THE STATE BOARD OF
PHARMACY SHALL ADOPT RULES AND REGULATIONS GOVERNING THE DRUG REPOSITORY
PROGRAM THAT ESTABLISH ALL OF THE FOLLOWING:
  A. ELIGIBILITY CRITERIA FOR PHARMACIES, HOSPITALS, AND NONPROFIT CLIN-
ICS TO RECEIVE AND DISPENSE DONATED DRUGS UNDER THE PROGRAM;
  B.  STANDARDS  AND  PROCEDURES  FOR  ACCEPTING,  SAFELY  STORING,  AND
DISPENSING DONATED DRUGS;
  C.  STANDARDS AND PROCEDURES FOR INSPECTING DONATED DRUGS TO DETERMINE
THAT THE ORIGINAL UNIT DOSE PACKAGING IS SEALED AND  TAMPER-EVIDENT  AND
THAT THE DRUGS ARE UNADULTERATED, SAFE, AND SUITABLE FOR DISPENSING;
  D.  ELIGIBILITY  STANDARDS  BASED  ON ECONOMIC NEED FOR INDIVIDUALS TO
RECEIVE DRUGS;
  E. A MEANS, SUCH AS AN IDENTIFICATION CARD, BY WHICH AN INDIVIDUAL WHO
IS ELIGIBLE TO RECEIVE DONATED DRUGS SHALL  DEMONSTRATE  ELIGIBILITY  TO
THE PHARMACY, HOSPITAL, OR NONPROFIT CLINIC DISPENSING THE DRUGS;
  F.  A  FORM  THAT  AN  INDIVIDUAL RECEIVING A DRUG FROM THE REPOSITORY
SHALL SIGN BEFORE RECEIVING THE DRUG  TO  CONFIRM  THAT  THE  INDIVIDUAL
UNDERSTANDS THE IMMUNITY PROVISIONS OF THE PROGRAM;
  G.  A  FORMULA  TO DETERMINE THE AMOUNT OF A HANDLING FEE THAT PHARMA-
CIES, HOSPITALS, AND NONPROFIT CLINICS SHALL CHARGE TO  DRUG  RECIPIENTS
TO COVER RESTOCKING AND DISPENSING COSTS;
  H. IN ADDITION, FOR DRUGS DONATED TO THE REPOSITORY BY INDIVIDUALS:
  (1)  A  LIST  OF  DRUGS,  ARRANGED EITHER BY CATEGORY OR BY INDIVIDUAL
DRUG, THAT THE REPOSITORY SHALL ACCEPT FROM INDIVIDUALS;
  (2) A LIST OF DRUGS, ARRANGED EITHER  BY  CATEGORY  OR  BY  INDIVIDUAL
DRUG,  THAT  THE  REPOSITORY SHALL NOT ACCEPT FROM INDIVIDUALS. THE LIST
SHALL INCLUDE BUT NOT BE LIMITED TO, A STATEMENT AS TO WHY THE  DRUG  IS
INELIGIBLE FOR DONATION.
  (3)  A  FORM EACH DONOR SHALL SIGN STATING THAT THE DONOR IS THE OWNER
OF THE DRUGS AND INTENDS TO VOLUNTARILY DONATE SUCH DRUGS TO THE REPOSI-
TORY.
  I. IN ADDITION, FOR DRUGS DONATED TO THE  REPOSITORY  BY  HEALTH  CARE
FACILITIES:

A. 3264                             4

  (1)  A  LIST  OF  DRUGS,  ARRANGED EITHER BY CATEGORY OR BY INDIVIDUAL
DRUG, THAT THE REPOSITORY SHALL ACCEPT FROM HEALTH CARE FACILITIES;
  (2)  A  LIST  OF  DRUGS,  ARRANGED EITHER BY CATEGORY OR BY INDIVIDUAL
DRUG, THAT THE REPOSITORY SHALL NOT ACCEPT FROM HEALTH CARE  FACILITIES.
THE LIST SHALL INCLUDE A STATEMENT AS TO WHY SUCH DRUG IS INELIGIBLE FOR
DONATION.
  J. ANY OTHER STANDARDS AND PROCEDURES THE BOARD CONSIDERS APPROPRIATE.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized and directed  to
be made and completed on or before such effective date.

2009-A3264A - Details

2009-A3264A - Summary

2009-A3264A - Bill Text download pdf

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

                                 3264--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced  by M. of A. CHRISTENSEN, GUNTHER, COOK -- Multi-Sponsored by
  -- M. of A.  CLARK, DelMONTE, DESTITO, HOOPER,  JAFFEE,  KOON,  MAGEE,
  SWEENEY -- read once and referred to the Committee on Higher Education
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the education law, in relation to establishing under the
  direction of the state board of pharmacy a drug repository program  to
  accept and dispense donated prescription drugs

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

  Section 1. The education law is amended by adding a new  section  6829
to read as follows:
  S  6829.  REPOSITORY PROGRAM; ACCEPT AND DISPENSE DONATED PRESCRIPTION
DRUGS. 1. AS USED IN THIS SECTION: A. "HOSPITAL" HAS THE SAME MEANING AS
IN SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED  ONE  OF  THE  PUBLIC
HEALTH LAW.
  B.  "NONPROFIT  CLINIC" MEANS A CORPORATION AS DEFINED IN SUBPARAGRAPH
FIVE OF PARAGRAPH (A) OF SECTION ONE HUNDRED TWO OF  THE  NOT-FOR-PROFIT
CORPORATION  LAW,  OR  ANY CHARITABLE ORGANIZATION NOT ORGANIZED AND NOT
OPERATED FOR PROFIT, THAT PROVIDES HEALTH CARE SERVICES TO INDIGENT  AND
UNINSURED  PERSONS. "NONPROFIT CLINIC" SHALL NOT INCLUDE A HOSPITAL OR A
FACILITY AS DEFINED IN SUBDIVISION ONE OF SECTION  TWENTY-EIGHT  HUNDRED
ONE OF THE PUBLIC HEALTH LAW.
  C. "PRESCRIPTION DRUG" MEANS ANY DRUG TO WHICH THE FOLLOWING APPLIES:
  (1)  UNDER  THE FOOD, DRUG, AND COSMETIC ACT, 52 STAT. 1040 (1938), 21
U.S.C.A. 301, AS AMENDED, THE DRUG IS REQUIRED TO BEAR A LABEL  CONTAIN-
ING  THE  LEGEND,  "CAUTION:  FEDERAL  LAW  PROHIBITS DISPENSING WITHOUT
PRESCRIPTION" OR "CAUTION: FEDERAL LAW RESTRICTS THIS DRUG TO USE BY  OR
ON  THE  ORDER  OF  A  LICENSED VETERINARIAN" OR ANY SIMILAR RESTRICTIVE
STATEMENT, OR THE DRUG MAY BE DISPENSED ONLY UPON A PRESCRIPTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04088-03-9

A. 3264--A                          2

  (2) UNDER THIS  ARTICLE,  THE  DRUG  MAY  BE  DISPENSED  ONLY  UPON  A
PRESCRIPTION.
  2.  THE  STATE  BOARD  OF  PHARMACY  SHALL ESTABLISH A DRUG REPOSITORY
PROGRAM TO ACCEPT  AND  DISPENSE  PRESCRIPTION  DRUGS  DONATED  FOR  THE
PURPOSE  OF  BEING  DISPENSED  TO  INDIVIDUALS WHO ARE RESIDENTS OF THIS
STATE AND MEET ELIGIBILITY STANDARDS  ESTABLISHED  IN  RULES  AND  REGU-
LATIONS  ADOPTED  BY  THE  BOARD UNDER SUBDIVISION FIVE OF THIS SECTION.
ONLY DRUGS IN THEIR ORIGINAL SEALED AND TAMPER-EVIDENT UNIT DOSE PACKAG-
ING SHALL BE ACCEPTED AND DISPENSED. THE PACKAGING  SHALL  BE  UNOPENED,
EXCEPT  THAT  DRUGS  PACKAGED IN SINGLE UNIT DOSES SHALL BE ACCEPTED AND
DISPENSED WHEN THE OUTSIDE PACKAGING IS OPENED IF THE SINGLE  UNIT  DOSE
PACKAGING  IS UNDISTURBED. DRUGS DONATED BY INDIVIDUALS BEARING AN EXPI-
RATION DATE THAT IS LESS THAN SIX MONTHS  FROM  THE  DATE  THE  DRUG  IS
DONATED SHALL NOT BE ACCEPTED OR DISPENSED. A DRUG SHALL NOT BE ACCEPTED
OR  DISPENSED  IF  THERE  IS REASON TO BELIEVE THAT IT IS ADULTERATED AS
DESCRIBED IN  SECTION  SIXTY-EIGHT  HUNDRED  FIFTEEN  OF  THIS  ARTICLE.
SUBJECT  TO  THE  LIMITATION SPECIFIED IN THIS SUBDIVISION, UNUSED DRUGS
DISPENSED FOR PURPOSES OF THE  MEDICAID  PROGRAM  MAY  BE  ACCEPTED  AND
DISPENSED UNDER THE DRUG REPOSITORY PROGRAM.
  3.  A.  ANY  PERSON,  INCLUDING A DRUG MANUFACTURER OR ANY HEALTH CARE
FACILITY MAY DONATE PRESCRIPTION DRUGS TO THE DRUG  REPOSITORY  PROGRAM.
THE  DRUGS SHALL BE DONATED AT A PHARMACY, HOSPITAL, OR NONPROFIT CLINIC
THAT ELECTS TO PARTICIPATE IN THE  DRUG  REPOSITORY  PROGRAM  AND  MEETS
CRITERIA FOR PARTICIPATION IN THE PROGRAM ESTABLISHED IN RULES AND REGU-
LATIONS ADOPTED BY THE STATE BOARD OF PHARMACY UNDER SUBDIVISION FIVE OF
THIS SECTION. PARTICIPATION IN THE PROGRAM BY PHARMACIES, HOSPITALS, AND
NONPROFIT CLINICS IS VOLUNTARY. NOTHING IN THIS SECTION REQUIRES A PHAR-
MACY, HOSPITAL, OR NONPROFIT CLINIC TO PARTICIPATE IN THE PROGRAM.
  B.  A  PHARMACY, HOSPITAL, OR NONPROFIT CLINIC ELIGIBLE TO PARTICIPATE
IN THE PROGRAM SHALL DISPENSE DRUGS DONATED UNDER THIS SECTION TO  INDI-
VIDUALS  WHO ARE RESIDENTS OF THIS STATE AND MEET THE ELIGIBILITY STAND-
ARDS ESTABLISHED IN RULES AND REGULATIONS ADOPTED  BY  THE  BOARD  UNDER
SUBDIVISION  FIVE  OF  THIS  SECTION OR TO OTHER GOVERNMENT ENTITIES AND
NONPROFIT PRIVATE ENTITIES TO BE DISPENSED TO INDIVIDUALS WHO  MEET  THE
ELIGIBILITY  STANDARDS.  A  DRUG  SHALL  BE DISPENSED ONLY PURSUANT TO A
PRESCRIPTION ISSUED BY A  LICENSED  HEALTH  PROFESSIONAL  AUTHORIZED  TO
PRESCRIBE  DRUGS,  AS DEFINED IN SECTION SIXTY-EIGHT HUNDRED TWO OF THIS
ARTICLE. A PHARMACY, HOSPITAL, OR NONPROFIT CLINIC THAT ACCEPTS  DONATED
DRUGS  SHALL  COMPLY  WITH  ALL APPLICABLE FEDERAL LAWS AND LAWS OF THIS
STATE DEALING WITH STORAGE AND DISTRIBUTION OF DANGEROUS DRUGS AND SHALL
INSPECT ALL DRUGS PRIOR TO DISPENSING THEM TO DETERMINE THAT SUCH  DRUGS
ARE  NOT  ADULTERATED. THE PHARMACY, HOSPITAL, OR NONPROFIT CLINIC SHALL
CHARGE INDIVIDUALS RECEIVING DONATED DRUGS A HANDLING FEE ESTABLISHED IN
ACCORDANCE WITH RULES AND REGULATIONS ADOPTED BY THE BOARD UNDER  SUBDI-
VISION  FIVE  OF THIS SECTION. DRUGS DONATED TO THE REPOSITORY SHALL NOT
BE RESOLD.
  4. A. AS USED IN THIS SECTION, "HEALTH CARE PROFESSIONAL" MEANS ANY OF
THE FOLLOWING WHO PROVIDE MEDICAL, DENTAL, OR OTHER HEALTH-RELATED DIAG-
NOSIS, CARE, OR TREATMENT:
  (1) INDIVIDUALS AUTHORIZED UNDER THIS TITLE TO PRACTICE  MEDICINE  AND
SURGERY,  OSTEOPATHIC  MEDICINE  AND  SURGERY, OR PODIATRIC MEDICINE AND
SURGERY;
  (2) REGISTERED NURSES AND LICENSED  PRACTICAL  NURSES  LICENSED  UNDER
ARTICLE ONE HUNDRED THIRTY-NINE OF THIS TITLE;
  (3)  PHYSICIAN  ASSISTANTS  AUTHORIZED  TO  PRACTICE UNDER ARTICLE ONE
HUNDRED THIRTY-ONE-B OF THIS TITLE;

A. 3264--A                          3

  (4) DENTISTS AND DENTAL HYGIENISTS LICENSED UNDER ARTICLE ONE  HUNDRED
THIRTY-THREE OF THIS TITLE;
  (5)  OPTOMETRISTS  LICENSED  UNDER  ARTICLE ONE HUNDRED FORTY-THREE OF
THIS TITLE;
  (6) PHARMACISTS LICENSED UNDER THIS ARTICLE.
  B. THE STATE BOARD  OF  PHARMACY;  THE  COMMISSIONER  OF  HEALTH;  ANY
PERSON, INCLUDING A DRUG MANUFACTURER, OR GOVERNMENT ENTITY THAT DONATES
DRUGS TO THE REPOSITORY PROGRAM; ANY PHARMACY, HOSPITAL, NONPROFIT CLIN-
IC,  OR  HEALTH  CARE PROFESSIONAL THAT ACCEPTS OR DISPENSES DRUGS UNDER
THE PROGRAM; AND  ANY  PHARMACY,  HOSPITAL,  OR  NONPROFIT  CLINIC  THAT
EMPLOYS  A HEALTH CARE PROFESSIONAL WHO ACCEPTS OR DISPENSES DRUGS UNDER
THE PROGRAM SHALL NOT, IN THE ABSENCE OF BAD FAITH, BE SUBJECT TO ANY OF
THE FOLLOWING FOR MATTERS RELATED TO DONATING, ACCEPTING, OR  DISPENSING
DRUGS  UNDER  THE  PROGRAM:  CRIMINAL  PROSECUTION; LIABILITY IN TORT OR
OTHER CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY;  OR
PROFESSIONAL DISCIPLINARY ACTION.
  A DRUG MANUFACTURER SHALL NOT, IN THE ABSENCE OF BAD FAITH, BE SUBJECT
TO  CRIMINAL  PROSECUTION OR LIABILITY IN TORT OR OTHER CIVIL ACTION FOR
INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY FOR MATTERS RELATED TO  THE
DONATION,  ACCEPTANCE,  OR DISPENSING OF A DRUG MANUFACTURED BY THE DRUG
MANUFACTURER THAT IS DONATED BY ANY PERSON UNDER THE PROGRAM,  INCLUDING
BUT  NOT  LIMITED  TO  LIABILITY  FOR FAILURE TO TRANSFER OR COMMUNICATE
PRODUCT OR CONSUMER INFORMATION OR THE EXPIRATION DATE  OF  THE  DONATED
DRUG.
  5. IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, THE STATE BOARD OF
PHARMACY SHALL ADOPT RULES AND REGULATIONS GOVERNING THE DRUG REPOSITORY
PROGRAM THAT ESTABLISH ALL OF THE FOLLOWING:
  A. ELIGIBILITY CRITERIA FOR PHARMACIES, HOSPITALS, AND NONPROFIT CLIN-
ICS TO RECEIVE AND DISPENSE DONATED DRUGS UNDER THE PROGRAM;
  B.  STANDARDS  AND  PROCEDURES  FOR  ACCEPTING,  SAFELY  STORING,  AND
DISPENSING DONATED DRUGS;
  C. STANDARDS AND PROCEDURES FOR INSPECTING DONATED DRUGS TO  DETERMINE
THAT  THE  ORIGINAL UNIT DOSE PACKAGING IS SEALED AND TAMPER-EVIDENT AND
THAT THE DRUGS ARE UNADULTERATED, SAFE, AND SUITABLE FOR DISPENSING;
  D. ELIGIBILITY STANDARDS BASED ON ECONOMIC  NEED  FOR  INDIVIDUALS  TO
RECEIVE DRUGS;
  E. A MEANS, SUCH AS AN IDENTIFICATION CARD, BY WHICH AN INDIVIDUAL WHO
IS  ELIGIBLE  TO  RECEIVE DONATED DRUGS SHALL DEMONSTRATE ELIGIBILITY TO
THE PHARMACY, HOSPITAL, OR NONPROFIT CLINIC DISPENSING THE DRUGS;
  F. A FORM THAT AN INDIVIDUAL RECEIVING  A  DRUG  FROM  THE  REPOSITORY
SHALL  SIGN  BEFORE  RECEIVING  THE  DRUG TO CONFIRM THAT THE INDIVIDUAL
UNDERSTANDS THE IMMUNITY PROVISIONS OF THE PROGRAM;
  G. A FORMULA TO DETERMINE THE AMOUNT OF A HANDLING  FEE  THAT  PHARMA-
CIES,  HOSPITALS,  AND NONPROFIT CLINICS SHALL CHARGE TO DRUG RECIPIENTS
TO COVER RESTOCKING AND DISPENSING COSTS;
  H. IN ADDITION, FOR DRUGS DONATED TO THE REPOSITORY BY INDIVIDUALS:
  (1) A LIST OF DRUGS, ARRANGED EITHER  BY  CATEGORY  OR  BY  INDIVIDUAL
DRUG, THAT THE REPOSITORY SHALL ACCEPT FROM INDIVIDUALS;
  (2)  A  LIST  OF  DRUGS,  ARRANGED EITHER BY CATEGORY OR BY INDIVIDUAL
DRUG, THAT THE REPOSITORY SHALL NOT ACCEPT FROM  INDIVIDUALS.  THE  LIST
SHALL  INCLUDE  BUT NOT BE LIMITED TO, A STATEMENT AS TO WHY THE DRUG IS
INELIGIBLE FOR DONATION.
  (3) A FORM EACH DONOR SHALL SIGN STATING THAT THE DONOR IS  THE  OWNER
OF THE DRUGS AND INTENDS TO VOLUNTARILY DONATE SUCH DRUGS TO THE REPOSI-
TORY.

A. 3264--A                          4

  I.  IN  ADDITION,  FOR  DRUGS DONATED TO THE REPOSITORY BY HEALTH CARE
FACILITIES:
  (1)  A  LIST  OF  DRUGS,  ARRANGED EITHER BY CATEGORY OR BY INDIVIDUAL
DRUG, THAT THE REPOSITORY SHALL ACCEPT FROM HEALTH CARE FACILITIES;
  (2) A LIST OF DRUGS, ARRANGED EITHER  BY  CATEGORY  OR  BY  INDIVIDUAL
DRUG,  THAT THE REPOSITORY SHALL NOT ACCEPT FROM HEALTH CARE FACILITIES.
THE LIST SHALL INCLUDE A STATEMENT AS TO WHY SUCH DRUG IS INELIGIBLE FOR
DONATION.
  J. ANY DRUG IN WHICH THE DISTRIBUTION THEREOF  IS  RESTRICTED  BY  THE
FEDERAL FOOD AND DRUG ADMINISTRATION SHALL NOT BE PERMITTED TO BE REDIS-
TRIBUTED THROUGH THE DRUG REPOSITORY PROGRAM.
  K. ANY OTHER STANDARDS AND PROCEDURES THE BOARD CONSIDERS APPROPRIATE.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized and directed  to
be made and completed on or before such effective date.

co-Sponsors

multi-Sponsors

View additional multi-sponsors

2009-A3264B (ACTIVE) - Details

2009-A3264B (ACTIVE) - Summary

2009-A3264B (ACTIVE) - Bill Text download pdf

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

                                 3264--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced  by M. of A. CHRISTENSEN, GUNTHER, COOK -- Multi-Sponsored by
  -- M. of A.  CLARK, DelMONTE, DESTITO, HOOPER,  JAFFEE,  KOON,  MAGEE,
  SWEENEY -- read once and referred to the Committee on Higher Education
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee -- again reported from said  commit-
  tee  with  amendments, ordered reprinted as amended and recommitted to
  said committee

AN ACT to amend the education law, in relation to establishing under the
  direction of the state board of pharmacy a drug repository program  to
  accept and dispense donated prescription drugs

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

  Section 1. The education law is amended by adding a new  section  6829
to read as follows:
  S  6829.  REPOSITORY PROGRAM; ACCEPT AND DISPENSE DONATED PRESCRIPTION
DRUGS. 1. AS USED IN THIS SECTION: A. "HOSPITAL" HAS THE SAME MEANING AS
IN SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED  ONE  OF  THE  PUBLIC
HEALTH LAW.
  B.  "NONPROFIT  CLINIC" MEANS A CORPORATION AS DEFINED IN SUBPARAGRAPH
FIVE OF PARAGRAPH (A) OF SECTION ONE HUNDRED TWO OF  THE  NOT-FOR-PROFIT
CORPORATION  LAW,  OR  ANY CHARITABLE ORGANIZATION NOT ORGANIZED AND NOT
OPERATED FOR PROFIT, THAT PROVIDES HEALTH CARE SERVICES TO INDIGENT  AND
UNINSURED  PERSONS. "NONPROFIT CLINIC" SHALL NOT INCLUDE A HOSPITAL OR A
FACILITY AS DEFINED IN SUBDIVISION ONE OF SECTION  TWENTY-EIGHT  HUNDRED
ONE OF THE PUBLIC HEALTH LAW.
  C. "PRESCRIPTION DRUG" MEANS ANY DRUG TO WHICH THE FOLLOWING APPLIES:
  (1)  UNDER  THE FOOD, DRUG, AND COSMETIC ACT, 52 STAT. 1040 (1938), 21
U.S.C.A. 301, AS AMENDED, THE DRUG IS REQUIRED TO BEAR A LABEL  CONTAIN-
ING  THE  LEGEND,  "CAUTION:  FEDERAL  LAW  PROHIBITS DISPENSING WITHOUT
PRESCRIPTION" OR "CAUTION: FEDERAL LAW RESTRICTS THIS DRUG TO USE BY  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04088-04-9

A. 3264--B                          2

ON  THE  ORDER  OF  A  LICENSED VETERINARIAN" OR ANY SIMILAR RESTRICTIVE
STATEMENT, OR THE DRUG MAY BE DISPENSED ONLY UPON A PRESCRIPTION.
  (2)  UNDER  THIS  ARTICLE,  THE  DRUG  MAY  BE  DISPENSED  ONLY UPON A
PRESCRIPTION.
  2. THE STATE BOARD OF  PHARMACY  SHALL  ESTABLISH  A  DRUG  REPOSITORY
PROGRAM  TO  ACCEPT  AND  DISPENSE  PRESCRIPTION  DRUGS  DONATED FOR THE
PURPOSE OF BEING DISPENSED TO INDIVIDUALS  WHO  ARE  RESIDENTS  OF  THIS
STATE  AND  MEET  ELIGIBILITY  STANDARDS  ESTABLISHED IN RULES AND REGU-
LATIONS ADOPTED BY THE BOARD UNDER SUBDIVISION  FIVE  OF  THIS  SECTION.
ONLY PRESCRIPTION DRUGS IN THEIR ORIGINAL SEALED AND TAMPER-EVIDENT UNIT
DOSE  PACKAGING  SHALL BE ACCEPTED AND DISPENSED. THE PACKAGING SHALL BE
UNOPENED, EXCEPT THAT DRUGS PACKAGED  IN  SINGLE  UNIT  DOSES  SHALL  BE
ACCEPTED  AND  DISPENSED  WHEN  THE  OUTSIDE  PACKAGING IS OPENED IF THE
SINGLE UNIT DOSE PACKAGING IS UNDISTURBED. PRESCRIPTION DRUGS DONATED BY
INDIVIDUALS BEARING AN EXPIRATION DATE THAT IS LESS THAN SIX MONTHS FROM
THE DATE THE DRUG IS DONATED SHALL  NOT  BE  ACCEPTED  OR  DISPENSED.  A
PRESCRIPTION  DRUG SHALL NOT BE ACCEPTED OR DISPENSED IF THERE IS REASON
TO BELIEVE THAT IT IS ADULTERATED AS DESCRIBED  IN  SECTION  SIXTY-EIGHT
HUNDRED  FIFTEEN OF THIS ARTICLE. SUBJECT TO THE LIMITATION SPECIFIED IN
THIS SUBDIVISION, UNUSED PRESCRIPTION DRUGS DISPENSED  FOR  PURPOSES  OF
THE MEDICAID PROGRAM MAY BE ACCEPTED AND DISPENSED UNDER THE DRUG REPOS-
ITORY PROGRAM.
  3.  A.  ANY  PERSON,  INCLUDING A DRUG MANUFACTURER OR ANY HEALTH CARE
FACILITY MAY DONATE PRESCRIPTION DRUGS TO THE DRUG  REPOSITORY  PROGRAM.
THE  DRUGS  SHALL BE DONATED AT A PHARMACY, HOSPITAL OR NONPROFIT CLINIC
THAT ELECTS TO PARTICIPATE IN THE  DRUG  REPOSITORY  PROGRAM  AND  MEETS
CRITERIA FOR PARTICIPATION IN THE PROGRAM ESTABLISHED IN RULES AND REGU-
LATIONS ADOPTED BY THE STATE BOARD OF PHARMACY UNDER SUBDIVISION FIVE OF
THIS  SECTION. PARTICIPATION IN THE PROGRAM BY PHARMACIES, HOSPITALS AND
NONPROFIT CLINICS IS VOLUNTARY. NOTHING IN THIS SECTION REQUIRES A PHAR-
MACY, HOSPITAL OR NONPROFIT CLINIC TO PARTICIPATE IN THE PROGRAM.
  B. A PHARMACY, HOSPITAL OR NONPROFIT CLINIC ELIGIBLE TO PARTICIPATE IN
THE PROGRAM SHALL DISPENSE PRESCRIPTION DRUGS DONATED UNDER THIS SECTION
TO INDIVIDUALS WHO ARE RESIDENTS OF THIS STATE AND MEET THE  ELIGIBILITY
STANDARDS  ESTABLISHED  IN  RULES  AND  REGULATIONS ADOPTED BY THE BOARD
UNDER SUBDIVISION FIVE OF THIS SECTION OR TO OTHER  GOVERNMENT  ENTITIES
AND  NONPROFIT  PRIVATE ENTITIES TO BE DISPENSED TO INDIVIDUALS WHO MEET
THE ELIGIBILITY STANDARDS.  A PRESCRIPTION DRUG SHALL BE DISPENSED  ONLY
PURSUANT  TO  A  PRESCRIPTION  ISSUED  BY A LICENSED HEALTH PROFESSIONAL
AUTHORIZED TO PRESCRIBE DRUGS, AS DEFINED IN SECTION SIXTY-EIGHT HUNDRED
TWO OF THIS ARTICLE. A  PHARMACY,  HOSPITAL  OR  NONPROFIT  CLINIC  THAT
ACCEPTS  DONATED DRUGS SHALL COMPLY WITH ALL APPLICABLE FEDERAL LAWS AND
LAWS OF THIS STATE DEALING WITH STORAGE AND  DISTRIBUTION  OF  DANGEROUS
DRUGS  AND SHALL INSPECT ALL PRESCRIPTION DRUGS PRIOR TO DISPENSING THEM
TO DETERMINE THAT SUCH DRUGS ARE NOT ADULTERATED. THE PHARMACY, HOSPITAL
OR  NONPROFIT  CLINIC  SHALL  CHARGE   INDIVIDUALS   RECEIVING   DONATED
PRESCRIPTION  DRUGS  A HANDLING FEE ESTABLISHED IN ACCORDANCE WITH RULES
AND REGULATIONS ADOPTED BY THE BOARD  UNDER  SUBDIVISION  FIVE  OF  THIS
SECTION.  PRESCRIPTION  DRUGS  DONATED  TO  THE  REPOSITORY SHALL NOT BE
RESOLD.
  4. A. AS USED IN THIS SECTION, "HEALTH CARE PROFESSIONAL" MEANS ANY OF
THE FOLLOWING WHO PROVIDE MEDICAL, DENTAL OR OTHER HEALTH-RELATED  DIAG-
NOSIS, CARE OR TREATMENT:
  (1)  INDIVIDUALS  AUTHORIZED UNDER THIS TITLE TO PRACTICE MEDICINE AND
SURGERY OR PODIATRIC MEDICINE AND SURGERY;

A. 3264--B                          3

  (2) REGISTERED  PROFESSIONAL  NURSES  AND  LICENSED  PRACTICAL  NURSES
LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-NINE OF THIS TITLE;
  (3)  PHYSICIAN  ASSISTANTS  AUTHORIZED  TO  PRACTICE UNDER ARTICLE ONE
HUNDRED THIRTY-ONE-B OF THIS TITLE;
  (4) DENTISTS AND DENTAL HYGIENISTS LICENSED UNDER ARTICLE ONE  HUNDRED
THIRTY-THREE OF THIS TITLE;
  (5)  OPTOMETRISTS  LICENSED  UNDER  ARTICLE ONE HUNDRED FORTY-THREE OF
THIS TITLE;
  (6) PHARMACISTS LICENSED UNDER THIS ARTICLE.
  B. THE STATE BOARD  OF  PHARMACY;  THE  COMMISSIONER  OF  HEALTH;  ANY
PERSON,  INCLUDING A DRUG MANUFACTURER OR GOVERNMENT ENTITY THAT DONATES
PRESCRIPTION DRUGS TO THE REPOSITORY PROGRAM;  ANY  PHARMACY,  HOSPITAL,
NONPROFIT  CLINIC  OR HEALTH CARE PROFESSIONAL THAT ACCEPTS OR DISPENSES
PRESCRIPTION DRUGS UNDER THE PROGRAM;  AND  ANY  PHARMACY,  HOSPITAL  OR
NONPROFIT CLINIC THAT EMPLOYS A HEALTH CARE PROFESSIONAL WHO, REASONABLY
AND  IN  GOOD  FAITH,  ACCEPTS OR DISPENSES PRESCRIPTION DRUGS UNDER THE
PROGRAM SHALL NOT BE SUBJECT TO ANY OF THE FOLLOWING FOR MATTERS RELATED
TO DONATING,  ACCEPTING  OR  DISPENSING  PRESCRIPTION  DRUGS  UNDER  THE
PROGRAM:  CRIMINAL  PROSECUTION; LIABILITY IN TORT OR OTHER CIVIL ACTION
FOR INJURY, DEATH OR LOSS TO PERSON OR PROPERTY; OR PROFESSIONAL  DISCI-
PLINARY ACTION.
  A  DRUG MANUFACTURER, WHO ACTS REASONABLY AND IN GOOD FAITH, SHALL NOT
BE SUBJECT TO CRIMINAL PROSECUTION OR LIABILITY IN TORT OR  OTHER  CIVIL
ACTION  FOR  INJURY,  DEATH  OR  LOSS  TO PERSON OR PROPERTY FOR MATTERS
RELATED TO THE DONATION, ACCEPTANCE OR DISPENSING OF A PRESCRIPTION DRUG
MANUFACTURED BY THE DRUG MANUFACTURER THAT  IS  DONATED  BY  ANY  PERSON
UNDER THE PROGRAM, INCLUDING BUT NOT LIMITED TO LIABILITY FOR FAILURE TO
TRANSFER  OR  COMMUNICATE PRODUCT OR CONSUMER INFORMATION OR THE EXPIRA-
TION DATE OF THE DONATED PRESCRIPTION DRUG.
  5. IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, THE STATE BOARD OF
PHARMACY SHALL ADOPT RULES AND REGULATIONS GOVERNING THE DRUG REPOSITORY
PROGRAM THAT ESTABLISH ALL OF THE FOLLOWING:
  A. ELIGIBILITY CRITERIA FOR PHARMACIES, HOSPITALS AND NONPROFIT  CLIN-
ICS  TO  RECEIVE  AND  DISPENSE  DONATED  PRESCRIPTION  DRUGS  UNDER THE
PROGRAM;
  B. STANDARDS AND PROCEDURES FOR ACCEPTING, SAFELY STORING AND DISPENS-
ING DONATED PRESCRIPTION DRUGS;
  C. STANDARDS AND PROCEDURES FOR INSPECTING DONATED PRESCRIPTION  DRUGS
TO  DETERMINE  THAT  THE  ORIGINAL  UNIT  DOSE  PACKAGING  IS SEALED AND
TAMPER-EVIDENT AND THAT THE DRUGS ARE UNADULTERATED, SAFE  AND  SUITABLE
FOR DISPENSING;
  D.  ELIGIBILITY  STANDARDS  BASED  ON ECONOMIC NEED FOR INDIVIDUALS TO
RECEIVE PRESCRIPTION DRUGS;
  E. A MEANS, SUCH AS AN IDENTIFICATION CARD, BY WHICH AN INDIVIDUAL WHO
IS ELIGIBLE TO RECEIVE  DONATED  PRESCRIPTION  DRUGS  SHALL  DEMONSTRATE
ELIGIBILITY TO THE PHARMACY, HOSPITAL OR NONPROFIT CLINIC DISPENSING THE
DRUGS;
  F.  A  FORM  THAT AN INDIVIDUAL RECEIVING A PRESCRIPTION DRUG FROM THE
REPOSITORY SHALL SIGN BEFORE RECEIVING THE  DRUG  TO  CONFIRM  THAT  THE
INDIVIDUAL UNDERSTANDS THE IMMUNITY PROVISIONS OF THE PROGRAM;
  G.  A  FORMULA  TO DETERMINE THE AMOUNT OF A HANDLING FEE THAT PHARMA-
CIES, HOSPITALS AND NONPROFIT CLINICS SHALL CHARGE TO PRESCRIPTION  DRUG
RECIPIENTS TO COVER RESTOCKING AND DISPENSING COSTS;
  H.  IN  ADDITION,  FOR PRESCRIPTION DRUGS DONATED TO THE REPOSITORY BY
INDIVIDUALS:

A. 3264--B                          4

  (1) A LIST OF PRESCRIPTION DRUGS, ARRANGED EITHER BY  CATEGORY  OR  BY
INDIVIDUAL DRUG, THAT THE REPOSITORY SHALL ACCEPT FROM INDIVIDUALS;
  (2)  A  LIST  OF PRESCRIPTION DRUGS, ARRANGED EITHER BY CATEGORY OR BY
INDIVIDUAL DRUG, THAT THE REPOSITORY SHALL NOT ACCEPT FROM  INDIVIDUALS.
THE  LIST SHALL INCLUDE BUT NOT BE LIMITED TO, A STATEMENT AS TO WHY THE
DRUG IS INELIGIBLE FOR DONATION.
  (3) A FORM EACH DONOR SHALL SIGN STATING THAT THE DONOR IS  THE  OWNER
OF  THE  PRESCRIPTION DRUGS AND INTENDS TO VOLUNTARILY DONATE SUCH DRUGS
TO THE REPOSITORY.
  I. IN ADDITION, FOR PRESCRIPTION DRUGS DONATED TO  THE  REPOSITORY  BY
HEALTH CARE FACILITIES:
  (1)  A  LIST  OF PRESCRIPTION DRUGS, ARRANGED EITHER BY CATEGORY OR BY
INDIVIDUAL DRUG, THAT THE  REPOSITORY  SHALL  ACCEPT  FROM  HEALTH  CARE
FACILITIES;
  (2)  A  LIST  OF PRESCRIPTION DRUGS, ARRANGED EITHER BY CATEGORY OR BY
INDIVIDUAL DRUG, THAT THE REPOSITORY SHALL NOT ACCEPT FROM  HEALTH  CARE
FACILITIES.  THE  LIST  SHALL INCLUDE A STATEMENT AS TO WHY SUCH DRUG IS
INELIGIBLE FOR DONATION.
  J. ANY OTHER STANDARDS AND PROCEDURES THE BOARD CONSIDERS APPROPRIATE.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.

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Assembly Bill A3264

Sponsored By

Archive: Last Bill Status - Stricken

Bill Amendments

2009-A3264 - Details

2009-A3264 - Summary

2009-A3264 - Bill Text download pdf

2009-A3264A - Details

2009-A3264A - Summary

2009-A3264A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A3264B (ACTIVE) - Details

2009-A3264B (ACTIVE) - Summary

2009-A3264B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A3264

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Sponsored By

CHRISTENSEN

Archive: Last Bill Status - Stricken

Bill Amendments

2009-A3264 - Details

2009-A3264 - Summary

2009-A3264 - Bill Text download pdf

2009-A3264A - Details

2009-A3264A - Summary

2009-A3264A - Bill Text download pdf

co-Sponsors

Aileen Gunther

Vivian Cook

Frank Skartados

Harvey Weisenberg

multi-Sponsors

Barbara Clark

Francine DelMonte

RoAnn Destito

Earlene Hooper

2009-A3264B (ACTIVE) - Details

2009-A3264B (ACTIVE) - Summary

2009-A3264B (ACTIVE) - Bill Text download pdf

Comments