S T A T E O F N E W Y O R K
________________________________________________________________________
5563
2013-2014 Regular Sessions
I N S E N A T E
May 21, 2013
___________
Introduced by Sen. BOYLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to expanding opportu-
nities for the safe disposal of unused 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. The depart-
ment 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, AND
without identifying themselves[, and]. 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. SUCH PROGRAM
shall be publicized IN A MANNER consistent with the prescription pain
medication awareness program established pursuant to section thirty-
three hundred nine-a of this article, AND THE LOCATION OF DISPOSAL SITES
SHALL BE PUBLISHED ON THE DEPARTMENT'S WEBSITE. [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.] 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11091-01-3
S. 5563 2
on a voluntary basis in collaboration with the department[. Nothing];
AND THE DEPARTMENT SHALL ENSURE THAT APPROPRIATE AND LEGAL OPTIONS FOR
THE DESTRUCTION OF SURRENDERED CONTROLLED SUBSTANCES ARE AVAILABLE TO
DISPOSAL SITES WITHOUT COST. A POLITICAL SUBDIVISION OF THE STATE MAY
REQUEST TO PARTICIPATE IN THIS PROGRAM; PROVIDED, HOWEVER, THAT NOTHING
in this section shall require any [political subdivision of the state to
participate in the program established in this section] SUCH PARTIC-
IPATION.
S 2. This act shall take effect immediately.