senate Bill S3944B

Signed By Governor
2013-2014 Legislative Session

Authorizes pharmacies to take back controlled substances

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A1101 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 27, 2013 signed chap.343
Sep 16, 2013 delivered to governor
Jun 20, 2013 returned to assembly
passed senate
3rd reading cal.1165
substituted for s3944b
Jun 20, 2013 substituted by a1101b
Jun 17, 2013 amended on third reading 3944b
Jun 13, 2013 amended on third reading (t) 3944a
Jun 12, 2013 advanced to third reading
Jun 11, 2013 2nd report cal.
Jun 10, 2013 1st report cal.1165
Feb 27, 2013 referred to health

Co-Sponsors

S3944 - Details

See Assembly Version of this Bill:
A1101B
Law Section:
Public Health Law
Laws Affected:
Amd §3343-b, Pub Health L

S3944 - Summary

Authorizes pharmacies to take back controlled substances.

S3944 - Sponsor Memo

S3944 - Bill Text download pdf

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

                                  3944

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 27, 2013
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law and the penal law, in relation  to
  authorizing pharmacies to take back controlled substances

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

  Section 1. Section 206 of the public health law is amended by adding a
new subdivision 29 to read as follows:
  29. (A) IN CONSULTATION WITH THE STATE BOARD OF PHARMACY, THE  COMMIS-
SIONER  SHALL  ADOPT  RULES  AND  REGULATIONS  ESTABLISHING A CONTROLLED
SUBSTANCE TAKE BACK PROGRAM AUTHORIZING CERTAIN PHARMACIES TO TAKE  BACK
CONTROLLED SUBSTANCES.
  (B) SUCH RULES AND REGULATIONS SHALL ESTABLISH ALL OF THE FOLLOWING:
  (1)   ELIGIBILITY   CRITERIA  FOR  PHARMACIES  TO  RECEIVE  CONTROLLED
SUBSTANCES UNDER THE PROGRAM;
  (2) STANDARDS AND PROCEDURES FOR ACCEPTING, SAFELY STORING AND DISPOS-
ING OF SUCH CONTROLLED SUBSTANCES;
  (3) REPORTING REQUIREMENTS FOR SUCH PHARMACIES; AND
  (4) ANY OTHER STANDARDS AND PROCEDURES THE BOARD  CONSIDERS  APPROPRI-
ATE.
  (C)  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,  THE  TERM "CONTROLLED
SUBSTANCE" SHALL MEAN ANY SUBSTANCE  OR  SUBSTANCES  LISTED  IN  SECTION
THIRTY-THREE HUNDRED SIX OF THIS CHAPTER.
  S  2.  The penal law is amended by adding a new section 220.01 to read
as follows:
S 220.01 CONTROLLED SUBSTANCE TAKE BACK PROGRAM EXEMPTIONS.
  1. IT SHALL NOT BE A VIOLATION OF ANY PROVISION OF THIS ARTICLE WHEN A
PERSON'S UNLAWFUL POSSESSION OF A CONTROLLED SUBSTANCE IS DISCOVERED  AS
A  RESULT  OF  SUCH  PERSON'S  LAWFUL  PARTICIPATION  IN  THE CONTROLLED
SUBSTANCE TAKE BACK PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION  TWENTY-
NINE  OF  SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW REGARDLESS OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03000-02-3

Co-Sponsors

S3944A - Details

See Assembly Version of this Bill:
A1101B
Law Section:
Public Health Law
Laws Affected:
Amd §3343-b, Pub Health L

S3944A - Summary

Authorizes pharmacies to take back controlled substances.

S3944A - Sponsor Memo

S3944A - Bill Text download pdf

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

                                 3944--A
    Cal. No. 1165

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 27, 2013
                               ___________

Introduced  by  Sens.  HANNON,  AVELLA,  FELDER, PARKER, VALESKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Health -- reported favorably from said committee, ordered
  to  first  and  second report, ordered to a third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the public health law, in relation to authorizing  phar-
  macies to take back controlled substances

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

  Section 1. Section 3343-b of  the  public  health  law,  as  added  by
section  1  of  part E of chapter 447 of the laws of 2012, is amended to
read as follows:
  S 3343-b. Safe disposal of  unused  controlled  substances.    1.  The
department  shall  establish  a  program for the safe disposal of unused
controlled substances by consumers in accordance with federal  law.  The
program  shall  permit  individual  members of the public to voluntarily
surrender controlled substances listed on schedule II, III, IV or  V  of
section  thirty-three  hundred  six  of this article in a secure manner,
without identifying themselves, and shall be publicized consistent  with
the  prescription pain medication awareness program established pursuant
to section thirty-three hundred nine-a of this article.
  2. The surrender of a controlled substance  pursuant  to  the  program
established   pursuant   to   this  section  shall  not  constitute  the
possession, transfer or sale of such controlled substance  for  purposes
of this article or the penal law.
  3.  In  developing  such  program,  the  department shall consider the
following:  appropriate sites for disposal  throughout  the  state;  the
role of law enforcement and federal authorities, as appropriate; and the
manner  in  which  potential costs to localities or to the state will be
addressed.  Disposal sites shall be operated by law enforcement agencies
AND PHARMACIES on a voluntary basis in collaboration  with  the  depart-

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

Co-Sponsors

view additional co-sponsors

S3944B (ACTIVE) - Details

See Assembly Version of this Bill:
A1101B
Law Section:
Public Health Law
Laws Affected:
Amd §3343-b, Pub Health L

S3944B (ACTIVE) - Summary

Authorizes pharmacies to take back controlled substances.

S3944B (ACTIVE) - Sponsor Memo

S3944B (ACTIVE) - Bill Text download pdf

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

                                 3944--B
    Cal. No. 1165

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 27, 2013
                               ___________

Introduced  by  Sens.  HANNON,  AVELLA,  FELDER, PARKER, VALESKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Health -- reported favorably from said committee, ordered
  to  first  and  second report, ordered to a third reading, amended and
  ordered reprinted, retaining its place in the order of  third  reading
  --  again  amended  and  ordered reprinted, retaining its place in the
  order of third reading

AN ACT to amend the public health law, in relation to authorizing  phar-
  macies to take back controlled substances

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

  Section 1. Section 3343-b of  the  public  health  law,  as  added  by
section  1  of  part E of chapter 447 of the laws of 2012, is amended to
read as follows:
  S 3343-b. Safe disposal of  unused  controlled  substances.    1.  The
department  shall  establish  a  program for the safe disposal of unused
controlled substances by consumers in accordance with federal  law.  The
program  shall  permit  individual  members of the public to voluntarily
surrender controlled substances listed on schedule II, III, IV or  V  of
section  thirty-three  hundred  six  of this article in a secure manner,
without identifying themselves, and shall be publicized consistent  with
the  prescription pain medication awareness program established pursuant
to section thirty-three hundred nine-a of this article.
  2. The surrender of a controlled substance  pursuant  to  the  program
established   pursuant   to   this  section  shall  not  constitute  the
possession, transfer or sale of such controlled substance  for  purposes
of this article or the penal law.
  3.  In  developing  such  program,  the  department shall consider the
following:  appropriate sites for disposal  throughout  the  state;  the
role of law enforcement and federal authorities, as appropriate; and the
manner  in  which  potential costs to localities or to the state will be

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

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