S T A T E   O F   N E W   Y O R K
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                                  6282

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 20, 2015
                               ___________

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  OF STATE POLICE 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 DIVISION  OF  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  DIVISION  OF
STATE POLICE SHALL INVESTIGATE 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  OTHERWISE  IN  VIOLATION  OF SECTION SIXTY-EIGHT HUNDRED
ELEVEN OF THE EDUCATION LAW.
  3. THE PROGRAM SHALL FURTHER PROVIDE THAT THE DIVISION OF 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.
                                                           LBD09557-01-5
              

A. 6282                             2

  4. THE SUPERINTENDENT OF STATE POLICE, IN COOPERATION WITH THE DEPART-
MENT OF HEALTH, THE DIVISION OF CRIMINAL JUSTICE SERVICES,  THE  DEPART-
MENT  OF  AGRICULTURE  AND  MARKETS  AND OTHER PERTINENT AGENCIES, SHALL
PROMULGATE SUCH ADDITIONAL RULES AND REGULATIONS  WHICH  IN  THE  SUPER-
INTENDENT'S DISCRETION ARE NECESSARY FOR THE EFFICIENT OPERATION OF THIS
SECTION.  THESE  REGULATIONS  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 DIVISION OF 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  DIVISION  OF  STATE
POLICE CASES OR CASES THAT ORIGINATE WITH OTHER LAW ENFORCEMENT, REGULA-
TORY 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 FEDERAL 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  ADUL-
TERATION OR OTHER VIOLATIONS OF STATE LAW.
  5.  GOOD  FAITH  REPORTING  OR  DISCLOSURE PURSUANT TO THE DIVISION OF
STATE POLICE AND REPORTS BY SUCH DIVISION 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  EDUCATION  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  DEPARTMENT  WEBSITE  ON  THE INTERNET DEDICATED TO PROVIDING
INFORMATION FOR SUCH REGISTRY. DATA TO  BE  PUBLISHED  ON  SUCH  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,

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  (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  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.