NY State Senate Bill 2009-S5591

Senate Bill S5591

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Higher Education Committee

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 27, 2010	print number 5591b
May 27, 2010	amend and recommit to higher education
May 04, 2010	print number 5591a
May 04, 2010	amend (t) and recommit to higher education
Jan 06, 2010	referred to higher education
Jun 03, 2009	reported and committed to finance
May 20, 2009	referred to higher education

Bill Amendments

Original

B (Active)

2009-S5591 - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §391-q, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:: S3102

2009-S5591 - 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.

2009-S5591 - Sponsor Memo

2009-S5591 - Bill Text download pdf

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

                                  5591

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 20, 2009
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education 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 education law is amended by adding a new section 6811-c
to read as follows:
  S 6811-C.   RESTRICTED ACCESS TO RETAIL SALE  OF  IPECAC.  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.
  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.
                                                           LBD02856-01-9

2009-S5591A - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §391-q, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:: S3102

2009-S5591A - Summary

2009-S5591A - Sponsor Memo

                                 BILL NUMBER:  S5591A

 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-q 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 :

2009-10: A.544-A passed Assembly
2007-08: A.3913 - reported and referred to codes
2005-06: A.3182-A - reported and referred to codes
2003-04: A.9954 - held for consideration in health; S.6896 - reported
and committed to rules

 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.

2009-S5591A - Bill Text download pdf

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

                                 5591--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 20, 2009
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education -- recom-
  mitted to the Committee on Higher Education in accordance with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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-q to read as follows:
  S 391-Q. 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 PHARMACIES, GROCERY STORES,
BIG BOX STORES AND CHAIN 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.

                                                           LBD02856-03-0

2009-S5591B (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §391-q, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:: S3102

2009-S5591B (ACTIVE) - Summary

2009-S5591B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5591B

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
39l-q 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 Non-prescription 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:

2009-10: A.544-A  Passed Assembly
2007-08: A.3913   Reported and Referred to Codes
2005-06: A.3182-A Reported and Referred to Codes
2003-04: A.9954   Held for Consideration in Health; S.6896 - Reported
and Committed to Rules

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.

2009-S5591B (ACTIVE) - Bill Text download pdf

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

                                 5591--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 20, 2009
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education -- recom-
  mitted to the Committee on Higher Education in accordance with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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-q to read as follows:
  S  391-Q.  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02856-05-0

S. 5591--B                          2

  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.

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