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

                                  4863

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2013
                               ___________

Introduced by M. of A. GJONAJ -- read once and referred to the Committee
  on Health

AN  ACT  to  amend  the  public  health  law,  in  relation to filing of
  prescription information with the department of health, disclosure  of
  patient information, establishing a report on prescription patterns in
  the  state and establishing a safe disposal of prescription drugs task
  force

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

  Section  1. Section 3332 of the public health law is amended by adding
a new subdivision 5 to read as follows:
  5. THE PRACTITIONER SHALL FILE THE INFORMATION INCLUDED ON  EACH  SUCH
PRESCRIPTION  WITH  THE  DEPARTMENT  BY ELECTRONIC MEANS IN SUCH MANNER,
FORM AND DETAIL AS SHALL BE REQUIRED BY REGULATIONS PROMULGATED  BY  THE
COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION.
  S  2.  Paragraph  (f)  of  subdivision 1 of section 3371 of the public
health law, as added by section 4 of part A of chapter 447 of  the  laws
of 2012, is amended to read as follows:
  (f)  to a pharmacist OR INSTITUTIONAL DISPENSER to provide information
regarding prescriptions for controlled substances presented to the phar-
macist OR INSTITUTIONAL DISPENSER for the purposes of subdivision two of
this section and to facilitate the  department's  review  of  individual
challenges  to  the accuracy of controlled substances histories pursuant
to subdivision six of section thirty-three hundred forty-three-a of this
article;
  S 3. The public health law is amended by adding two new sections  3375
and 3376 to read as follows:
  S  3375.  REPORT ON PRESCRIPTION PATTERNS IN THE STATE. 1. THE DEPART-
MENT SHALL DEVELOP A DRAFT REPORT USING EXISTING  PRESCRIPTION  DATA  IN
ORDER   TO  IDENTIFY  ANY  POSSIBLE  PATTERNS  IN  THE  PRESCRIPTION  OF
CONTROLLED SUBSTANCES WITHIN THE STATE, SPECIFICALLY AIMED  AT  EXPOSING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06718-01-3
              

A. 4863                             2

ANY   PATTERNS  THAT  SUGGEST  CASES  OF  THE  DIVERSION  OF  CONTROLLED
SUBSTANCES. THE DEPARTMENT SHALL CONSULT WITH THE DEPARTMENT OF LAW  AND
ANY  RELEVANT  LAW  ENFORCEMENT AGENCIES AND OFFICES IN THE STATE IN THE
DEVELOPMENT OF SUCH DRAFT REPORT.
  2.  UPON  APPROVAL  OF THE DRAFT REPORT, THE DEPARTMENT SHALL MAKE THE
REPORT AVAILABLE TO LAW ENFORCEMENT AGENCIES UPON REQUEST.
  3. THE DEPARTMENT SHALL UPDATE SUCH REPORT ON A QUARTERLY BASIS.
  4. NOTHING IN THIS SECTION SHALL BE DEEMED TO AUTHORIZE THE DISCLOSURE
OF  INFORMATION  OTHERWISE  PROHIBITED  BY  FEDERAL  LAW  OR  ANY  OTHER
PROVISION OF THIS CHAPTER.
  S  3376.  SAFE  DISPOSAL OF PRESCRIPTION DRUGS TASK FORCE. 1. THERE IS
HEREBY ESTABLISHED, IN THE DEPARTMENT, A SAFE DISPOSAL  OF  PRESCRIPTION
DRUGS TASK FORCE. SUCH TASK FORCE SHALL BE COMPOSED OF FOURTEEN MEMBERS,
WHICH  SHALL  INCLUDE THE COMMISSIONER OR HIS OR HER DESIGNEE, AND THIR-
TEEN MEMBERS APPOINTED BY THE COMMISSIONER. OF THE MEMBERS APPOINTED  BY
THE  COMMISSIONER,  A MEMBER SHALL BE APPOINTED FROM EACH OF THE FOLLOW-
ING: THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE  OF  THE  CITY  OF  NEW
YORK, A PUBLIC HEALTH OFFICER, THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION,  THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES, A PHARMACIST OR A
MEMBER OF A TRADE ORGANIZATION REPRESENTING PHARMACISTS, A PHYSICIAN  OR
A  MEMBER  OF A TRADE ASSOCIATION REPRESENTING PHYSICIANS, A PERSON WITH
EXPERTISE IN HOSPITAL ADMINISTRATION, A REPRESENTATIVE OF THE PHARMACEU-
TICAL INDUSTRY, A PERSON WITH  EXPERTISE  IN  WASTE  MANAGEMENT,  A  LAW
ENFORCEMENT  OFFICIAL,  AND  A  PERSON WITH EXPERTISE IN TOXICOLOGY. THE
COMMISSIONER OR HIS OR HER DESIGNEE SHALL  BE  THE  CHAIR  OF  THE  TASK
FORCE.
  2.  THE  MEMBERS  OF  THE TASK FORCE SHALL SERVE WITHOUT COMPENSATION,
PROVIDED, HOWEVER, THAT THE MEMBERS APPOINTED BY THE COMMISSIONER  SHALL
BE  ALLOWED THEIR NECESSARY AND ACTUAL EXPENSES INCURRED IN THE PERFORM-
ANCE OF THEIR DUTIES PURSUANT TO THIS SECTION.
  3. THE TASK FORCE SHALL:
  (A) ASSESS EXISTING LAWS, ESPECIALLY THIS CHAPTER, THE PENAL  LAW  AND
THE  ENVIRONMENTAL  CONSERVATION LAW, AND EXISTING REGULATIONS GOVERNING
THE ABILITY OF INDIVIDUALS AND ORGANIZATIONS OR FACILITIES TO DISPOSE OF
EXPIRED OR UNUSED PRESCRIPTION DRUGS;
  (B) EXAMINE ALL AVAILABLE EVIDENCE AND SCIENTIFIC  EVIDENCE  REGARDING
THE  DIVERSION  OF  EXPIRED  OR UNUSED PRESCRIPTION DRUGS AS WELL AS ANY
EVIDENCE REGARDING THE POSSIBLE  HEALTH  CONSEQUENCES  OF  THE  EXISTING
METHODS OF DISPOSAL OF EXPIRED OR UNUSED PRESCRIPTION DRUGS;
  (C) DETERMINE POSSIBLE LEGISLATIVE AND REGULATORY CHANGES NECESSARY TO
ENACT  ANY  PROGRAM  DESIGNED  TO  FACILITATE THE DISPOSAL OF EXPIRED OR
UNUSED PRESCRIPTION DRUGS IN A SAFE AND SECURE MANNER; AND
  (D) PREPARE PROPOSALS BASED ON ITS FINDINGS  FOR  STATE-WIDE  PROGRAMS
THAT  WOULD  IMPROVE  UPON  EXISTING RULES AND REGULATIONS GOVERNING THE
DISPOSAL OF EXPIRED OR UNUSED PRESCRIPTION DRUGS.
  4. THE TASK FORCE SHALL WITHIN NINE MONTHS OF FIRST CONVENING, PREPARE
AND SUBMIT A REPORT TO THE GOVERNOR  AND  THE  LEGISLATURE  WHICH  SHALL
INCLUDE  ITS  FINDINGS  ON  THE  EXISTING LEGAL AND REGULATORY FRAMEWORK
GOVERNING THE DISPOSAL OF EXPIRED  OR  UNUSED  PRESCRIPTION  DRUGS,  THE
HEALTH  AND SAFETY DANGERS CREATED BY DIVERSION OF THESE DRUGS AND THEIR
CURRENT MANNER OF DISPOSAL, AND  CHANGES  NECESSARY  TO  ENACT  ANY  NEW
SYSTEM OR PROGRAM FOR THE SAFE DISPOSAL OF PRESCRIPTION DRUGS.
  5.  THE  TASK  FORCE  SHALL  CONSULT  WITH ANY ORGANIZATION, EDUCATION
INSTITUTION, GOVERNMENT AGENCY OR INDIVIDUAL POSSESSING RELEVANT  INFOR-
MATION OR EXPERTISE.

A. 4863                             3

  S  4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided that  section
two  of  this  act  shall  take  effect on the same date and in the same
manner as section 4 of part A of chapter 447 of the laws of  2012  takes
effect;  and  provided,  further, that, effective immediately, any rules
and regulations necessary to implement the provisions of this act on its
effective date are authorized and directed to be completed on or  before
such date.