S T A T E O F N E W Y O R K
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4889
2013-2014 Regular Sessions
I N A S S E M B L Y
February 13, 2013
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Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law and the public health law, in relation
to the prescription drug reimportation protection program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 216-e
to read as follows:
S 216-E. PRESCRIPTION DRUG REIMPORTATION PROTECTION PROGRAM. 1. THE
SUPERINTENDENT SHALL ESTABLISH A PROGRAM TO INVESTIGATE ACTUAL AND/OR
SUSPECTED CASES OF REIMPORTATION OF UNSAFE DRUGS WITHIN THIS STATE AND
MAY ASSIGN EMPLOYEES AS DEEMED NECESSARY FOR THE PROPER OPERATION OF
SUCH PROGRAM.
2. THE PROGRAM SHALL PROVIDE THAT THE STATE POLICE MAY INVESTIGATE, AS
PROVIDED IN THIS SECTION, ANY INTERNET WEBSITE WHICH OFFERS OR PROVIDES
A MECHANISM TO SELL PRESCRIPTION DRUGS TO CONSUMERS IN NEW YORK FROM
ANOTHER COUNTRY OR ANY ENTITY ACTING AS A MIDDLEMAN OR AGENT IN THE
IMPORTATION OR REIMPORTATION FOR SALE OF PRESCRIPTION DRUGS FROM OTHER
COUNTRIES. THE PROGRAM SHALL PROVIDE THAT THE STATE POLICE SHALL INVES-
TIGATE ANY COMPLAINT FROM A GOVERNMENT OFFICIAL, OR FROM AN INDIVIDUAL,
CLAIMING THAT PRESCRIPTION DRUGS BEING IMPORTED OR REIMPORTED BY SUCH
ENTITY OR THROUGH SUCH WEBSITE ARE ADULTERATED OR MISLABELED OR OTHER-
WISE IN VIOLATION OF SECTION SIXTY-EIGHT HUNDRED ELEVEN OF THE EDUCATION
LAW.
3. THE PROGRAM SHALL FURTHER PROVIDE THAT THE STATE POLICE SHALL ACT
AS THE COORDINATING AGENCY RESPONDING TO CASES OF SUSPECTED IMPORTATION
OR REIMPORTATION OF PRESCRIPTION DRUGS IN A MANNER THAT IS IN VIOLATION
OF SUCH SECTION SIXTY-EIGHT HUNDRED ELEVEN OF THE EDUCATION LAW. THE
SUPERINTENDENT OF STATE POLICE SHALL BY REGULATION ESTABLISH UNIFORM
PROCEDURES FOR INVESTIGATION AND THE RECEIPT OF SUCH COMPLAINTS FROM
OTHER AGENCIES INVOLVED IN SUCH CASES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08771-01-3
A. 4889 2
4. THE SUPERINTENDENT, IN COOPERATION WITH THE DEPARTMENT OF HEALTH,
THE DIVISION OF CRIMINAL JUSTICE SERVICES, THE DEPARTMENT OF AGRICULTURE
AND MARKETS, AND OTHER PERTINENT AGENCIES, SHALL PROMULGATE SUCH ADDI-
TIONAL RULES AND REGULATIONS WHICH IN THE SUPERINTENDENT'S DISCRETION
ARE NECESSARY FOR THE EFFICIENT OPERATION OF THIS SECTION. THESE REGU-
LATIONS SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING:
A. THE ESTABLISHMENT OF UNIFORM PROCEDURES TO BE USED WHENEVER A LAW
ENFORCEMENT OR REGULATORY AGENCY OR OTHER AGENCY BECOMES INVOLVED IN A
SUSPECTED IMPORTATION OR REIMPORTATION OF PRESCRIPTION DRUGS IN A MANNER
THAT IS IN VIOLATION OF SUCH SECTION SIXTY-EIGHT HUNDRED ELEVEN OF THE
EDUCATION LAW. SUCH REGULATIONS SHALL REQUIRE THAT THE STATE POLICE
PROVIDE DIRECT INVESTIGATIVE ASSISTANCE OR SUPPORT SERVICES TO ANY LAW
ENFORCEMENT OR REGULATORY AGENCY UPON REQUEST;
B. THE ESTABLISHMENT OF A COMPUTERIZED CENTRAL DATA BASE, LOCATED AT
DIVISION HEADQUARTERS, WHICH WILL FUNCTION AS AN INFORMATION MANAGEMENT
AND RETRIEVAL SYSTEM FOR SUCH MATTERS. NOTIFICATION OF ALL SUCH CASES
MADE TO LAW ENFORCEMENT, REGULATORY AGENCIES OR OTHER AGENCIES SHALL BE
REPORTED TO THE CENTRAL DATA BASE WITHIN FIVE HOURS OF SUCH NOTIFICA-
TION;
C. AUTHORIZATION, UPON REQUEST, TO USE THE SCIENTIFIC CRIME DETECTION
LABORATORY TO ANALYZE EVIDENCE IN CONNECTION WITH STATE POLICE CASES OR
CASES THAT ORIGINATE WITH OTHER LAW ENFORCEMENT, REGULATORY AGENCIES OR
OTHER AGENCIES; AND
D. REPORTING OF ALL SUCH COMPLAINTS TO THE COMMISSIONER OF HEALTH FOR
USE IN THE CENTRAL REGISTRY WHICH SUCH COMMISSIONER IS REQUIRED TO
DEVELOP, AND TO THE FEDERAL BUREAU OF INVESTIGATION, THE FOOD AND DRUG
ADMINISTRATION AND/OR OTHER APPROPRIATE FEDERAL AGENCY CHARGED WITH
MONITORING AND PROSECUTING THE IMPORTATION OR REIMPORTATION OF DRUGS
WHICH ARE MISLABELED OR WHICH SHOW EVIDENCE OF TAMPERING OR ADULTERATION
OR OTHER VIOLATIONS OF STATE LAW.
5. GOOD FAITH REPORTING OR DISCLOSURE PURSUANT TO THE STATE POLICE AND
REPORTS BY THE STATE POLICE TO THE DEPARTMENT OF HEALTH SHALL NOT
CONSTITUTE LIBEL OR SLANDER OR A VIOLATION OF THE RIGHT OF PRIVACY OR
PRIVILEGED COMMUNICATION. ANY PERSON WHO IN GOOD FAITH REPORTS CASES OF
SUSPECTED IMPORTATION OR REIMPORTATION OF PRESCRIPTION DRUGS IN A MANNER
THAT IS IN VIOLATION OF SECTION SIXTY-EIGHT HUNDRED ELEVEN OF THE EDUCA-
TION LAW SHALL BE IMMUNE FROM CIVIL AND CRIMINAL LIABILITY FOR ANY
ACTION TAKEN IN COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
S 2. Section 206 of the public health law is amended by adding a new
subdivision 29 to read as follows:
29. (A) THE COMMISSIONER SHALL ESTABLISH A REGISTRY OF WEBSITES AND
ENTITIES WHICH OFFER OR PROVIDE A MECHANISM TO SELL PRESCRIPTION DRUGS
TO CONSUMERS IN NEW YORK FROM ANOTHER COUNTRY AND SHALL POST SUCH REGIS-
TRY ON A HEALTH DEPARTMENT WEBSITE ON THE INTERNET DEDICATED TO PROVID-
ING INFORMATION FOR SUCH REGISTRY. DATA TO BE PUBLISHED ON SUCH HEALTH
DEPARTMENT WEBSITE SHALL INCLUDE:
(I) THE NAME OF THE WEBSITE OR ENTITY WHICH OFFERS OR PROVIDES A MECH-
ANISM TO SELL PRESCRIPTION DRUGS TO CONSUMERS IN NEW YORK FROM ANOTHER
COUNTRY,
(II) THE NUMBER OF COMPLAINTS CONCERNING SUCH WEBSITE OR ENTITY,
(III) CONVICTIONS, IF KNOWN, OF THE PARTIES OPERATING THE WEBSITE, FOR
IMPORTING OR REIMPORTING PRESCRIPTION DRUGS WHICH ARE ADULTERATED OR
MISLABELED OR OTHERWISE IN VIOLATION OF SECTION SIXTY-EIGHT HUNDRED
ELEVEN OF THE EDUCATION LAW,
A. 4889 3
(IV) WHETHER THE WEBSITE OR ENTITY HAS PERMISSION FROM THE APPROPRIATE
FEDERAL AGENCY TO IMPORT OR REIMPORT PRESCRIPTION DRUGS INTO THIS COUN-
TRY, AND
(V) THE HEALTH DEPARTMENT WEBSITE SHALL ADDITIONALLY PROVIDE A CLEAR
EXPLANATION OF FEDERAL LAW CONCERNING IMPORTATION OR REIMPORTATION OF
PRESCRIPTION DRUGS FROM ANOTHER COUNTRY INTO THIS COUNTRY.
(B) GOOD FAITH REPORTING OR DISCLOSURE BY THE COMMISSIONER PURSUANT TO
THE REQUIREMENTS OF THIS SUBDIVISION SHALL NOT CONSTITUTE LIBEL OR SLAN-
DER OR A VIOLATION OF THE RIGHT OF PRIVACY OR PRIVILEGED COMMUNICATION.
S 3. This act shall take effect immediately.