S T A T E O F N E W Y O R K
________________________________________________________________________
5972
2009-2010 Regular Sessions
I N A S S E M B L Y
February 23, 2009
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Introduced by M. of A. TOWNS, WALKER -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to the redistribution
and reimbursement of certain unused medications
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
2803-s to read as follows:
S 2803-S. RESIDENTIAL HEALTH CARE AND LONG TERM CARE FACILITIES;
REDISTRIBUTION OF UNUSED MEDICATION. 1. (A) NOTWITHSTANDING ANY INCON-
SISTENT PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, THE
COMMISSIONER IS HEREBY AUTHORIZED AND DIRECTED TO PERMIT A RESIDENTIAL
HEALTH CARE FACILITY OR A LONG TERM CARE FACILITY TO REDISTRIBUTE ANY
UNUSED MEDICATION FOR USE WITHIN SUCH FACILITY PROVIDED THAT SUCH MEDI-
CATION IS SEALED IN UNOPENED, INDIVIDUALLY PACKAGED UNITS AND WITHIN THE
RECOMMENDED PERIOD OF SHELF LIFE, AND PROVIDED THAT SUCH MEDICATION IS
NOT A CONTROLLED SUBSTANCE AS DEFINED IN SECTION THIRTY-THREE HUNDRED
SIX OF THIS CHAPTER.
(B) IF SUCH MEDICATIONS ARE REPACKAGED IN MANUFACTURER'S UNIT DOSE OR
MULTIPLE-DOSE BLISTER PACKS, SUCH MEDICATION MAY BE REDISTRIBUTED BY
SUCH RESIDENTIAL HEALTH CARE OR LONG TERM CARE FACILITY IF: (I) THE
MEDICATION LABEL CLEARLY INDICATES THE MEDICATION LOT NUMBER, EXPIRATION
DATE AND DATE ON WHICH SUCH MEDICATION WAS REPACKAGED; (II) LESS THAN
NINETY DAYS HAVE ELAPSED FROM THE DATE OF REPACKAGING OF SUCH MEDICA-
TION; AND (III) A REPACKAGING LOG IS MAINTAINED BY SUCH FACILITY IN THE
CASE OF MEDICATIONS REPACKAGED IN ADVANCE OF IMMEDIATE NEEDS.
(C) NO MEDICATION DISTRIBUTED IN A BULK DISPENSING CONTAINER MAY BE
REDISTRIBUTED TO A RESIDENT WITHIN SUCH FACILITY.
2. THE RESIDENTIAL HEALTH CARE FACILITY OR LONG TERM CARE FACILITY
SHALL BE PERMITTED TO RECEIVE, RESTOCK AND REDISTRIBUTE THE MEDICATION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08626-01-9
A. 5972 2
AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION TO RESIDENTS WITHIN SUCH
FACILITIES.
3. THE RESIDENTIAL HEALTH CARE FACILITY OR THE LONG TERM CARE FACILITY
IN WHICH SUCH MEDICATION AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION
IS REUSED SHALL BE REQUIRED TO REIMBURSE OR CREDIT THE PURCHASER OF THAT
MEDICATION FOR THE UNUSED MEDICATION THAT IS RESTOCKED AND REDISTRIB-
UTED. NO RESIDENTIAL HEALTH CARE FACILITY OR LONG TERM CARE FACILITY
SHALL BE REQUIRED TO REUSE ANY MEDICATION RETURNED UNDER SUBDIVISION ONE
OF THIS SECTION.
4. NEITHER AN INDIVIDUAL PATIENT NOR THE STATE, IF A PATIENT IS A
RECIPIENT OF A STATE FUNDED PROGRAM, SHALL BE CHARGED FOR UNUSED MEDICA-
TION WHICH ACCORDING TO THE PROVISIONS OF THIS LAW IS RETURNED FOR
REIMBURSEMENT OR CREDIT.
S 2. This act shall take effect immediately.