NY State Assembly Bill A9905B

Archive: Last Bill Status Via S5903 - 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 (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 28, 2016	signed chap.480
Nov 16, 2016	delivered to governor
Jun 15, 2016	returned to senate passed assembly ordered to third reading rules cal.295 substituted for a9905b
Jun 15, 2016	substituted by s5903a
Jun 14, 2016	ordered to third reading rules cal.295 rules report cal.295 reported
Jun 09, 2016	amend and recommit to rules 9905b
Jun 08, 2016	reported referred to rules
May 23, 2016	reported referred to codes
May 18, 2016	print number 9905a
May 18, 2016	amend (t) and recommit to health
Apr 26, 2016	referred to health

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

A9905 - Details

See Senate Version of this Bill:: S5903
Law Section:: Public Health Law
Laws Affected:: Add Art 2-A Title 2 §280-b, Pub Health L

A9905 - Summary

Directs the commissioner of health to make regulations for the donation and redispensing of unused prescription drugs.

A9905 - Bill Text download pdf

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

                                  9905

                          I N  A S S E M B L Y

                             April 26, 2016
                               ___________

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

AN ACT to amend the public health law, in relation  to  establishing  an
  unused prescription drug donation and redispensing program

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

  Section 1. The public health law is amended by adding  a  new  section
3309-b to read as follows:
  S  3309-B. UNUSED PRESCRIPTION DRUG DONATION AND REDISPENSING PROGRAM.
1. THE DEPARTMENT SHALL ESTABLISH A PROGRAM FOR THE  SAFE  RECYCLING  OF
UNUSED  PRESCRIPTION  MEDICATIONS.  THE  PROGRAM  SHALL  PERMIT APPROVED
HEALTH CARE FACILITIES TO VOLUNTARILY SURRENDER CENTRALLY STORED  UNUSED
MEDICATIONS  IN A SECURE MANNER, ENSURING THE PRIVACY OF THE INDIVIDUALS
FOR WHOM THE MEDICATION WAS INITIALLY  DISPENSED,  THROUGH  AN  APPROVED
ORGANIZATION DESIGNED TO FACILITATE SUCH PROGRAM. APPROVED ORGANIZATIONS
SHALL  THEN  REDIRECT  THE  DONATED PRESCRIPTION MEDICATIONS TO ELIGIBLE
FACILITIES FOR REDISPENSING UNDER THIS PROGRAM  AFTER  INSPECTION  BY  A
PHARMACIST  OR  PRESCRIBER  AT  THE REDISPENSING FACILITY.   THE PARTIC-
IPATION OF ANY DONATING OR REDISPENSING FACILITY SHALL BE VOLUNTARY.
  2. IN DEVELOPING SUCH  PROGRAM,  THE  DEPARTMENT  SHALL  CONSIDER  THE
FOLLOWING:  (A) APPROPRIATE SITES FOR RECYCLING AND REDISPENSING OF SUCH
RECYCLED MEDICATIONS; (B) THE ROLE OF THE DEPARTMENT  AND  PARTICIPATING
FACILITIES; AND (C) THE MANNER IN WHICH POTENTIAL FACILITATING ORGANIZA-
TIONS SHALL BE APPROVED BY THE STATE.
  3.  A LICENSED PHARMACY DESIGNATED BY THE DEPARTMENT MAY BE A DONATION
SITE  UNDER  THIS  SECTION  FOR  THE  FUNCTIONS  OF  ACCEPTING   DONATED
PRESCRIPTION  MEDICATIONS FROM APPROVED HEALTH CARE FACILITIES, INSPECT-
ING THE DONATED MEDICATIONS, AND REDISPENSING  TO  AN  ELIGIBLE  PATIENT
UNDER THIS PROGRAM.
  4. THE DEPARTMENT SHALL WORK WITH FACILITIES TO EDUCATE THEM ABOUT THE
PROGRAM  AND  REPORT  ANNUALLY  BEGINNING  ON AND AFTER MARCH FIRST, TWO
THOUSAND SIXTEEN ON WHAT EFFORTS HAVE BEEN TAKEN  TO  ESTABLISH  A  DRUG
RECYCLING PROGRAM, A LIST OF FACILITIES PARTICIPATING IN THE PROGRAM AND
THOSE FACILITIES KNOWN TO BE CONSIDERING PARTICIPATING IN THE PROGRAM.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD11582-01-5

A9905A - Details

See Senate Version of this Bill:: S5903
Law Section:: Public Health Law
Laws Affected:: Add Art 2-A Title 2 §280-b, Pub Health L

A9905A - Summary

Directs the commissioner of health to make regulations for the donation and redispensing of unused prescription drugs.

A9905A - Bill Text download pdf

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

                                 9905--A

                          I N  A S S E M B L Y

                             April 26, 2016
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
  Committee on Health -- committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN   ACT  to  amend  the  public  health  law,  in  relation  to  unused
  prescription drug donation and redispensing

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

  Section  1. Title 2 of article 2-A of the public health law is amended
by adding a new section 280-b to read as follows:
  S 280-B. UNUSED PRESCRIPTION DRUG DONATION AND REDISPENSING PROGRAM.
  1. AS USED IN THIS SECTION:
  (A) "DONOR ENTITY" MEANS A MANUFACTURER, WHOLESALER, OR DISTRIBUTOR OF
PRESCRIPTION DRUGS; A PHARMACY; OR A HOSPITAL AUTHORIZED  UNDER  ARTICLE
TWENTY-EIGHT  OF  THIS  CHAPTER,  APPROVED  BY THE DEPARTMENT UNDER THIS
SECTION.
  (B) "RECIPIENT ENTITY" MEANS A MANUFACTURER, WHOLESALER, OR  DISTRIBU-
TOR  OF  PRESCRIPTION  DRUGS; A PHARMACY; OR A HOSPITAL AUTHORIZED UNDER
ARTICLE TWENTY-EIGHT OF THIS CHAPTER, APPROVED BY THE  DEPARTMENT  UNDER
THIS SECTION.
  (C)"THIRD PARTY INTERMEDIARY" MEANS A NOT-FOR-PROFIT ORGANIZATION THAT
FACILITATES  THE  DONATION  OR TRANSFER OF PRESCRIPTION DRUGS UNDER THIS
SECTION BUT DOES NOT TAKE POSSESSION OR OWNERSHIP  OF  THE  PRESCRIPTION
DRUGS, APPROVED BY THE DEPARTMENT UNDER THIS SECTION.
  (D)  "REDISPENSE"  MEANS  TO  DONATE, RECEIVE, PROCESS, DISTRIBUTE, OR
DISPENSE A PRESCRIPTION DRUG UNDER THIS SECTION.
  2. THE COMMISSIONER SHALL MAKE REGULATIONS GOVERNING THE  REDISPENSING
OF  UNUSED PRESCRIPTION DRUGS UNDER THIS SECTION, INCLUDING THE APPROVAL
OF DONOR ENTITIES, RECIPIENT ENTITIES, AND THIRD-PARTY INTERMEDIARIES.
  3. A DONOR ENTITY MAY  DONATE  CENTRALLY  STORED  UNUSED  PRESCRIPTION
DRUGS  TO A RECIPIENT ENTITY, DIRECTLY OR THROUGH A THIRD-PARTY INTERME-
DIARY, IN A SECURE MANNER, ENSURING THE PRIVACY OF ANY  INDIVIDUALS  FOR
WHOM  THE  PRESCRIPTION DRUGS WERE INITIALLY DISPENSED OR INTENDED TO BE
DISPENSED.  PRESCRIPTION DRUGS REDISPENSED UNDER THIS SECTION  SHALL  BE
INSPECTED  BY  A  PHARMACIST  OR  OTHER LICENSED HEALTH CARE PROVIDER AS

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

                                                           LBD11582-06-6

A. 9905--A                          2

PROVIDED BY REGULATIONS.  THE PARTICIPATION OF ANY  DONOR  OR  RECIPIENT
ENTITY IN REDISPENSING SHALL BE VOLUNTARY.
  4.  ONLY  PRESCRIPTION  DRUGS  RECEIVED  BY  THE  RECIPIENT  ENTITY IN
TAMPER-EVIDENT PACKAGING AS DEFINED BY UNITED STATES PHARMACOPOEIA (USP)
GENERAL CHAPTER 659, OR IN UNIT-DOSE OR MULTIPLE-DOSE PACKAGING, MAY  BE
REDISPENSED. NO PRESCRIPTION DRUGS MAY BE REDISPENSED THAT:
  (A) SHOW EVIDENCE OF BEING ADULTERATED OR MISBRANDED; OR
  (B) SHOW EVIDENCE OF PACKAGING HAVING BEEN TAMPERED WITH; OR
  (C) WILL EXPIRE BEFORE THE USE BY THE PATIENT BASED ON THE PRESCRIBING
PRACTITIONER'S DIRECTIONS FOR USE.
  5. A PRESCRIPTION DRUG SHALL NOT BE REDISPENSED IF IT IS RESTRICTED TO
A PATIENT REGISTERED WITH THE DRUG'S MANUFACTURER UNDER FEDERAL FOOD AND
DRUG  ADMINISTRATION  REQUIREMENTS  INCLUDING, BUT NOT LIMITED TO, THOSE
RELATING TO RISK EVALUATION AND MITIGATION STRATEGIES (REMS), UNLESS THE
REDISPENSING IS EFFECTIVELY RESTRICTED TO ENSURE THAT  THE  PRESCRIPTION
DRUG IS ONLY DISPENSED IN ACCORDANCE WITH THOSE REQUIREMENTS AS APPLICA-
BLE.
  6. A RECIPIENT ENTITY MAY ALSO BE A DONOR ENTITY.
  7. PRESCRIPTION DRUGS HAVING PASSED INSPECTION UNDER SUBDIVISION THREE
OF THIS SECTION MAY BE REPACKAGED OR PREPACKAGED BY THE RECIPIENT ENTITY
PRIOR TO FURTHER REDISPENSING.
  8. RECIPIENT ENTITIES SHALL GIVE PRIORITY FOR REDISPENSING TO PATIENTS
WHO ARE INDIGENT, UNINSURED, OR UNDER-INSURED.
  9.  A  REDISPENSED PRESCRIPTION DRUG SHALL NOT BE RESOLD BY ANY PERSON
OR ENTITY. HOWEVER, THIS SUBDIVISION DOES NOT BAR THE PAYMENT OF REASON-
ABLE HANDLING FEES.
  10. NO PERSON OR ENTITY SHALL BE SUBJECT TO CRIMINAL, CIVIL OR PROFES-
SIONAL DISCIPLINE LIABILITY FOR ANY  ACTION  TAKEN  IN  REASONABLE  GOOD
FAITH  COMPLIANCE  WITH  THIS SECTION, EXCEPT UNDER OTHERWISE APPLICABLE
GROUNDS FOR LIABILITY.
  11. THE DEPARTMENT SHALL WORK  WITH  PROSPECTIVE  AND  APPROVED  DONOR
ENTITIES,  RECIPIENT  ENTITIES AND THIRD-PARTY INTERMEDIARIES TO EDUCATE
THEM ABOUT REDISPENSING AND PROMOTE PARTICIPATION IN  REDISPENSING.  THE
DEPARTMENT  SHALL MAINTAIN A LIST OF RECIPIENT ENTITIES, AND THIRD-PARTY
INTERMEDIARIES AND PUBLISH IT ON THE DEPARTMENT'S WEBSITE.
  S 2. This act shall take effect immediately.

A9905B (ACTIVE) - Details

See Senate Version of this Bill:: S5903
Law Section:: Public Health Law
Laws Affected:: Add Art 2-A Title 2 §280-b, Pub Health L

A9905B (ACTIVE) - Summary

Directs the commissioner of health to make regulations for the donation and redispensing of unused prescription drugs.

A9905B (ACTIVE) - Bill Text download pdf

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

                                 9905--B

                          I N  A S S E M B L Y

                             April 26, 2016
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
  Committee on Health -- committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee -- reported and
  referred  to  the  Committee  on Codes -- reported and referred to the
  Committee on  Rules  --  Rules  Committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to the Committee on Rules

AN   ACT  to  amend  the  public  health  law,  in  relation  to  unused
  prescription drug donation and redispensing

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

  Section  1. Title 2 of article 2-A of the public health law is amended
by adding a new section 280-b to read as follows:
  S 280-B. UNUSED PRESCRIPTION DRUG DONATION AND  REDISPENSING  PROGRAM.
1. AS USED IN THIS SECTION:
  (A) "DONOR ENTITY" MEANS A MANUFACTURER, WHOLESALER, OR DISTRIBUTOR OF
PRESCRIPTION  DRUGS;  A PHARMACY; OR A HOSPITAL AUTHORIZED UNDER ARTICLE
TWENTY-EIGHT OF THIS CHAPTER.
  (B) "RECIPIENT ENTITY" MEANS A MANUFACTURER, WHOLESALER, OR  DISTRIBU-
TOR  OF  PRESCRIPTION  DRUGS; A PHARMACY; OR A HOSPITAL AUTHORIZED UNDER
ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
  (C)"THIRD PARTY INTERMEDIARY" MEANS A NOT-FOR-PROFIT ORGANIZATION THAT
FACILITATES THE DONATION OR TRANSFER OF PRESCRIPTION  DRUGS  UNDER  THIS
SECTION  BUT  DOES  NOT TAKE POSSESSION OR OWNERSHIP OF THE PRESCRIPTION
DRUGS.
  (D) "REDISPENSE" MEANS  TO  DISPENSE  A  PRESCRIPTION  DRUG  THAT  WAS
DONATED AND RECEIVED UNDER THIS SECTION.
  2.  THE COMMISSIONER SHALL MAKE REGULATIONS GOVERNING THE DONATION AND
REDISPENSING OF UNUSED PRESCRIPTION DRUGS UNDER THIS SECTION.
  3. A DONOR ENTITY MAY DONATE UNUSED PRESCRIPTION DRUGS TO A  RECIPIENT
ENTITY,  DIRECTLY  OR  THROUGH  A  THIRD-PARTY INTERMEDIARY, IN A SECURE
MANNER,  ENSURING  THE  PRIVACY  OF  ANY  INDIVIDUALS   FOR   WHOM   THE
PRESCRIPTION DRUGS WERE INITIALLY DISPENSED OR INTENDED TO BE DISPENSED.
PRESCRIPTION  DRUGS REDISPENSED UNDER THIS SECTION SHALL BE INSPECTED BY
A PHARMACIST OR OTHER LICENSED HEALTH CARE PROVIDER AS PROVIDED BY REGU-

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

                                                           LBD11582-08-6

A. 9905--B                          2

LATIONS.  THE PARTICIPATION OF ANY DONOR OR RECIPIENT ENTITY  IN  REDIS-
PENSING SHALL BE VOLUNTARY.
  4.  ONLY  PRESCRIPTION  DRUGS  RECEIVED  BY  THE  RECIPIENT  ENTITY IN
TAMPER-EVIDENT PACKAGING AS DEFINED BY UNITED STATES PHARMACOPOEIA (USP)
GENERAL CHAPTER 659, OR IN UNIT-DOSE OR MULTIPLE-DOSE PACKAGING, MAY  BE
REDISPENSED. NO PRESCRIPTION DRUGS MAY BE REDISPENSED THAT:
  (A) SHOW EVIDENCE OF BEING ADULTERATED OR MISBRANDED;
  (B) SHOW EVIDENCE OF PACKAGING HAVING BEEN TAMPERED WITH;
  (C) WILL EXPIRE BEFORE THE USE BY THE PATIENT BASED ON THE PRESCRIBING
PRACTITIONER'S DIRECTIONS FOR USE;
  (D)  OR  HAVE  BEEN EXCLUDED FROM THE PROGRAM UNDER REGULATIONS OF THE
COMMISSIONER.
  5. A PRESCRIPTION DRUG SHALL NOT BE REDISPENSED IF IT IS RESTRICTED TO
A PATIENT REGISTERED WITH THE DRUG'S MANUFACTURER UNDER FEDERAL FOOD AND
DRUG ADMINISTRATION REQUIREMENTS INCLUDING, BUT NOT  LIMITED  TO,  THOSE
RELATING TO RISK EVALUATION AND MITIGATION STRATEGIES (REMS), UNLESS THE
REDISPENSING  IS  EFFECTIVELY RESTRICTED TO ENSURE THAT THE PRESCRIPTION
DRUG IS ONLY DISPENSED IN ACCORDANCE WITH THOSE REQUIREMENTS AS APPLICA-
BLE.
  6. A RECIPIENT ENTITY MAY ALSO BE A DONOR ENTITY.
  7. PRESCRIPTION DRUGS HAVING PASSED INSPECTION UNDER SUBDIVISION THREE
OF THIS SECTION MAY BE REPACKAGED OR PREPACKAGED BY THE RECIPIENT ENTITY
PRIOR TO FURTHER REDISPENSING.
  8. RECIPIENT ENTITIES SHALL GIVE PRIORITY FOR REDISPENSING TO PATIENTS
WHO ARE INDIGENT, UNINSURED, OR UNDER-INSURED.
  9. A REDISPENSED PRESCRIPTION DRUG SHALL NOT BE RESOLD BY  ANY  PERSON
OR ENTITY. HOWEVER, THIS SUBDIVISION DOES NOT BAR THE PAYMENT OF REASON-
ABLE PROCESSING FEES.
  10.  NO PERSON OR ENTITY SHALL BE SUBJECT TO CRIMINAL OR CIVIL LIABIL-
ITY, OR PROFESSIONAL DISCIPLINE FOR ANY ACTION TAKEN IN REASONABLE  GOOD
FAITH  COMPLIANCE  WITH  THIS SECTION, EXCEPT UNDER OTHERWISE APPLICABLE
GROUNDS FOR LIABILITY.
  11. THE DEPARTMENT SHALL WORK  WITH  PROSPECTIVE  AND  APPROVED  DONOR
ENTITIES,  RECIPIENT  ENTITIES AND THIRD-PARTY INTERMEDIARIES TO EDUCATE
THEM ABOUT REDISPENSING AND PROMOTE PARTICIPATION IN  REDISPENSING.  THE
DEPARTMENT  SHALL MAINTAIN A LIST OF RECIPIENT ENTITIES, AND THIRD-PARTY
INTERMEDIARIES AND PUBLISH IT ON THE DEPARTMENT'S WEBSITE.
  S 2. This act shall take effect immediately.

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The New York State Senate

assembly Bill A9905B

Sponsored By

Archive: Last Bill Status Via S5903 - Signed by Governor

Your Voice

Actions

Votes

Jun 14, 2016 - floor Vote

Floor Vote: Jun 14, 2016

Jun 7, 2016 - floor Vote

Floor Vote: Jun 7, 2016

May 10, 2016 - Health committee Vote

Committee Vote: May 10, 2016

Bill Amendments

A9905 - Details

A9905 - Summary

A9905 - Bill Text download pdf

A9905A - Details

A9905A - Summary

A9905A - Bill Text download pdf

A9905B (ACTIVE) - Details

A9905B (ACTIVE) - Summary

A9905B (ACTIVE) - Bill Text download pdf

Comments

assembly Bill A9905B

Share this bill

Sponsored By

GOTTFRIED

Archive: Last Bill Status Via S5903 - Signed by Governor

Your Voice

Actions

Votes

Jun 14, 2016 - floor Vote

Floor Vote: Jun 14, 2016

Jun 7, 2016 - floor Vote

Floor Vote: Jun 7, 2016

May 10, 2016 - Health committee Vote

Committee Vote: May 10, 2016

Bill Amendments

A9905 - Details

A9905 - Summary

A9905 - Bill Text download pdf

A9905A - Details

A9905A - Summary

A9905A - Bill Text download pdf

A9905B (ACTIVE) - Details

A9905B (ACTIVE) - Summary

A9905B (ACTIVE) - Bill Text download pdf

Comments