Senate Bill S1748A

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

                                 1748--A
    Cal. No. 1270

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced by Sens. GOLDEN, RANZENHOFER -- read twice and ordered print-
  ed,  and  when  printed  to be committed to the Committee on Health --
  committee discharged and said bill committed to the Committee on Rules
  -- ordered to a third reading, amended and ordered reprinted,  retain-
  ing its place in the order of third reading

AN  ACT to amend the public health law, in relation to return and redis-
  tribution of unused medication

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

  Section  1. Section 2803-e of the public health law, as added by chap-
ter 902 of the laws of 1977 and renumbered by chapter 340 of the laws of
1980, is amended to read as follows:
  S 2803-e. Residential health care facilities;  return  and  redistrib-
ution   of   unused  medication.  1.  Notwithstanding  any  inconsistent
provision of law, rule or regulation to the contrary,  the  commissioner
is  hereby  authorized  and  directed  to  permit  either  a resident or
consultant pharmacist OR HIS OR HER DESIGNEE  in  a  residential  health
care  facility to return to the pharmacy from which it was purchased any
unused medication  provided  that  such  medication  is  sealed  in  THE
MANUFACTURER'S  ORIGINAL unopened[,] TAMPER EVIDENT PACKAGING AND EITHER
individually packaged [units] OR PACKAGED  IN  UNIT-DOSE  PACKAGING  and
within  the recommended period of shelf life, AND, IF ORAL OR PARENTERAL
MEDICATIONS, SEALED IN SINGLE-DOSE CONTAINERS APPROVED  BY  THE  FEDERAL
FOOD  AND  DRUG  ADMINISTRATION,  AND, IF A TOPICAL OR INHALANT DRUG, IS
SEALED IN UNITS-OF-USE CONTAINERS APPROVED BY THE FEDERAL FOOD AND  DRUG
ADMINISTRATION  and  provided  that  such medication is not a controlled
substance as defined in section thirty-three hundred six of [the  public
health law] THIS CHAPTER.
  2.  The  pharmacy to which such medication as described in subdivision
one of this section is returned shall be permitted to  receive,  restock
and  redistribute  that  medication.   THE COMMISSIONER, IN CONSULTATION

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

                                                           LBD04234-03-1

S. 1748--A                          2

WITH THE ADVISORY COMMITTEE  ESTABLISHED  BY  SUBDIVISION  SIX  OF  THIS
SECTION,  SHALL  ESTABLISH  A  REASONABLE  FEE OF REIMBURSEMENT OF COSTS
RELATED TO THE RECEIPT, RESTOCKING AND REDISTRIBUTION OF SUCH MEDICATION
PAYABLE TO THE PHARMACY TO WHICH SUCH MEDICATION IS RETURNED.
  3.  The  pharmacy to which such medication as described in subdivision
one of this section is returned shall be required to reimburse or credit
the purchaser of that medication  for  the  unused  medication  that  is
restocked and redistributed. No pharmacy shall be required to accept any
medication returned under subdivision one of this section.
  4.  Neither  an  individual  patient  or  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.
  5.  THE  COMMISSIONER  SHALL  ESTABLISH  PROCEDURES TO ASSURE THAT ANY
RETURN OF MEDICATIONS AUTHORIZED  BY  THIS  SECTION,  AND  ANY  RECEIPT,
RESTOCKING OR REDISTRIBUTION OF MEDICATION SO RETURNED SHALL COMPLY WITH
THE  FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)
OF 1996, AS AMENDED.
  6. THE DEPARTMENT SHALL CONVENE AN ADVISORY COMMITTEE  TO  ASSIST  THE
COMMISSIONER IN DEVELOPING A REASONABLE FEE OF REIMBURSEMENT PURSUANT TO
THE  PROVISIONS OF SUBDIVISION TWO OF THIS SECTION. THE ADVISORY COMMIT-
TEE SHALL BE COMPRISED OF LICENSED PHARMACISTS CURRENTLY ENGAGED IN  THE
PROVISION  OF LONG TERM CARE PHARMACY SERVICES. MEMBERS OF THE COMMITTEE
SHALL BE APPOINTED BY THE GOVERNOR: TWO MEMBERS OF THE  COMMITTEE  SHALL
BE  APPOINTED  ON  THE  RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE
SENATE AND THE SPEAKER  OF  THE  ASSEMBLY;  AND  TWO  MEMBERS  SHALL  BE
APPOINTED  ON  THE RECOMMENDATION OF THE MINORITY LEADER OF THE ASSEMBLY
AND THE MINORITY LEADER OF THE SENATE.
  7. A PRESCRIPTION DRUG MANUFACTURER SHALL NOT, IN THE ABSENCE  OF  BAD
FAITH,  BE  SUBJECT TO CRIMINAL OR CIVIL LIABILITY FOR INJURY, DEATH, OR
LOSS TO PERSON OR PROPERTY FOR MATTERS RELATED TO THE RETURN,  DONATION,
ACCEPTANCE, REDISTRIBUTION OR DISPENSING OF A PRESCRIPTION DRUG MANUFAC-
TURED  BY  THE  PRESCRIPTION  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 PRESCRIPTION DRUG.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that the commissioner  of
health  shall  promulgate  rules and regulations prior to such effective
date.