NY State Senate Bill 2015-S3687

Senate Bill S3687

Signed By Governor

2015-2016 Legislative Session

Directs the department of health to oversee a program for the safe disposal of unused controlled substances in accordance with federal law and regulations

download bill text pdf

Archive: Last Bill Status Via A6062 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 26, 2015	signed chap.379
Oct 14, 2015	delivered to governor
May 28, 2015	returned to assembly passed senate substituted for s3687
May 28, 2015	substituted by a6062
Mar 03, 2015	advanced to third reading
Mar 02, 2015	2nd report cal.
Feb 26, 2015	1st report cal.164
Feb 13, 2015	referred to health

Votes

- May 28, 2015 - Floor Vote
  A6062
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 28, 2015
      
      aye (58)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (5)
      
      Diaz
      
      Hassell-Thompson
      
      Libous
      
      Parker
      
      Rivera
  Feb 26, 2015 - Health Committee Vote
  S3687
  
  17
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Feb 26, 2015
      
      aye (17)
      
      Farley
      
      Felder
      
      Golden
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Larkin
      
      Little
      
      Martins
      
      Montgomery
      
      Murphy
      
      Panepinto
      
      Rivera
      
      Seward
      
      Stavisky
      
      Valesky
      
      Young

co-Sponsors

2015-S3687 (ACTIVE) - Details

See Assembly Version of this Bill:: A6062
Law Section:: Public Health Law
Laws Affected:: Amd §3343-b, Pub Health L

2015-S3687 (ACTIVE) - Summary

Directs the department of health to oversee a program for the safe disposal of unused controlled substances in accordance with federal law and regulations.

2015-S3687 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3687

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

PURPOSE:

Ensures retail pharmacies and other Drug Enforcement Administration
authorized collectors can collect unused controlled substances in New
York.

SUMMARY OF PROVISIONS:

Section one amends Public Health Law § 3343-b to provide that
pharmacies and other Federal Drug Enforcement Administration
authorized collectors can collect, on a voluntary basis, in New York.
The Department of Health shall oversee this program for safe disposal
of unused controlled substances in accordance with federal law.

Section two provides that this act shall take effect immediately
notwithstanding the failure to promulgate any rule or regulation
providing for the implementation thereof.

JUSTIFICATION:

According to the National Survey on Drug Use and Health, 70% of

controlled substance prescription abusers get their drugs from a
family member or friend. Yet there are limited methods for individuals
to dispose of their unused medications. Currently in New York,
medication drop boxes are only available at law enforcement agencies,
and not all counties have law enforcement that participate in this
program. Often to meet the need of communities, local groups working
together with law enforcement officers, who must be present at the
event, host shed-the-med events that yield an astounding about of
unused medication that would otherwise be on the streets.

In the continuing fight against opioid abuse, New York enacted Chapter
343 of 2013 as an effort to increase avenues of drug disposal.
Chapter 343 was enacted in anticipation of federal changes allowing
for DEA registrants such as manufacturers, distributors, retail
pharmacies and hospitals/clinics with on-site pharmacies to become
authorized collectors, in addition to law enforcement agencies. The
Drug Enforcement Administration (DEA) released there finalized
regulations on September 8, 2014. Chapter 343 required the
Commissioner to establish regulations relating to pharmacies within
the state drug disposal program, and enabled any pharmacy designated
by the Commissioner to accept controlled substances. Today, many
pharmacies stand ready and willing to become disposals sites, unused
medications remain on the streets, and the Commissioner has yet to
propose any draft regulations under this 2013 statute.

This legislation will amend the drug disposal program to allow
pharmacies, and other DEA authorized collectors, to begin functioning
as collection sites immediately provided they are authorized by the
DEA and in compliance with federal laws and regulations. The
Department of Health remains responsible for the program and ensuring
that collectors are in compliance with all federal and state laws.


The need to address excess drugs on that street is long overdue, and
while it must be done cautiously, it must also be addressed
expeditiously. Compliance with federal regulations should be
sufficient in this circumstance and citizens should not be forced to
sit idly and await state regulations while unused medications remain
on the street and abuse continues to grow.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

2015-S3687 (ACTIVE) - Bill Text download pdf

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

                                  3687

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced  by  Sens. HANNON, LAVALLE, AMEDORE -- 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 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  amended  by
chapter 343 of the laws of 2013, is amended to read as follows:
  S  3343-b.  Safe  disposal  of  unused  controlled  substances. 1. The
department shall [establish] OVERSEE a program for the safe disposal  of
unused  controlled  substances  by  consumers in accordance with federal
law. [The program shall permit individual]  INDIVIDUAL  members  of  the
public   SHALL   BE   AUTHORIZED  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, without identifying
themselves [, and]. SAFE DISPOSAL METHODS shall be publicized consistent
with the prescription  pain  medication  awareness  program  established
pursuant to section thirty-three hundred nine-a of this article.
  2.  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.
  3. [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
[and],  pharmacies  AND  OTHER  FEDERAL  DRUG ENFORCEMENT ADMINISTRATION
AUTHORIZED COLLECTORS on a voluntary basis [in  collaboration  with  the
department].  Nothing in this section shall require any political subdi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09189-02-5

S. 3687                             2

vision of the state to participate in the program  established  in  this
section.
  [4.  A  licensed  pharmacy  designated  by  the  commissioner may be a
disposal site under this section for the functions of accepting  surren-
der  of  controlled  substances  from consumers, temporarily storing the
controlled substances, and transferring the controlled substances to  an
authorized disposal site.
  5. The commissioner shall make regulations under this section, includ-
ing  (in  consultation  with  the commissioner of education) regulations
relating to pharmacies in the program.]
  S 2. This act shall take effect immediately,  and  the  provisions  of
section  3343-b  of  the public health law, as amended by section one of
this act, shall be effective and implemented on and after such effective
date notwithstanding the failure to promulgate any  rule  or  regulation
providing for the implementation thereof.

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Senate Bill S3687

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