senate Bill S5563

2013-2014 Legislative Session

Relates to expanding opportunities for the safe disposal of unused controlled substances

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to health
May 21, 2013 referred to health

S5563 - Bill Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd ยง3343-b, Pub Health L

S5563 - Bill Texts

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Relates to expanding opportunities for the safe disposal of unused controlled substances.

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BILL NUMBER:S5563

TITLE OF BILL: An act to amend the public health law, in relation to
expanding opportunities for the safe disposal of unused controlled
substances

PURPOSE OR GENERAL IDEA OF BILL:

Revises the program for safe disposal of unused controlled substances
by consumers to exempt those surrendering controlled substance from
legal penalty and allows for the appropriate and legal options for the
destruction of surrendered controlled substances are available to
disposal sites without cost.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends Section 3343-b of the public health law to deem the
surrender of a controlled substance to a safe disposal program exempt
from legal recourse and publishes the location of disposal sites on
the department's website. Section 1 also ensures that options for the
destruction of surrendered controlled substances are available to
disposal sites without cost and allows for expansion of the program to
additional political subdivisions.

Section 2. States the effective date.

JUSTIFICATION:

Community-based drug "take-back" programs offer safe disposal
alternatives for controlled substances. When disposed of unsafely,
controlled substances may end up in the wrong hands or pollute our
water supply. Therefore, it is necessary for New York State to expand
its safe disposal program. This legislation would allow consumers to
surrender their controlled substances, or controlled substances
obtained without a prescription, without fear of arrest for
possession, transfer or sale of such controlled substance. The removal
of the possibility of arrest will encourage citizens to turn in their
unused controlled substances and allow for their safe disposal. In
addition, this legislation would also promote the expansion of the
safe disposal program by publishing the location of safe disposal
sites on the department's website, allow political subdivisions to
request to participate in the program, and provide the department
which options for the destruction of surrendered controlled substances
to disposal sites without cost.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

Minimal to the State.

EFFECTIVE DATE:

Immediately.


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                    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.

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