NY State Senate Bill 2015-S5903

Senate Bill S5903

Signed By Governor

2015-2016 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - 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
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 14, 2016	referred to codes returned to assembly repassed senate
Jun 09, 2016	amended on third reading (t) 5903a
Jun 09, 2016	vote reconsidered - restored to third reading returned to senate recalled from assembly
Jun 07, 2016	referred to health delivered to assembly passed senate
May 16, 2016	advanced to third reading
May 11, 2016	2nd report cal.
May 10, 2016	1st report cal.783
Jan 06, 2016	referred to health
Jun 10, 2015	referred to rules

Votes

- Jun 14, 2016 - Floor Vote
  S5903
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2016
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Peralta
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (1)
      
      Perkins
      
      excused (2)
      
      Diaz
      
      Parker
  Jun 7, 2016 - Floor Vote
  S5903
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2016
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (1)
      
      Perkins
      
      excused (2)
      
      Diaz
      
      Persaud
  May 10, 2016 - Health Committee Vote
  S5903
  
  15
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 10, 2016
      
      aye (15)
      
      Felder
      
      Golden
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Little
      
      Martins
      
      Montgomery
      
      Murphy
      
      Persaud
      
      Rivera
      
      Stavisky
      
      Valesky
      
      Young
      
      excused (2)
      
      Larkin
      
      Seward

Bill Amendments

Original

A (Active)

2015-S5903 - Details

Law Section:: Public Health Law
Laws Affected:: Add §3309-b, Pub Health L

2015-S5903 - Summary

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

2015-S5903 - Sponsor Memo

                                BILL NUMBER:S5903

TITLE OF BILL:

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

PURPOSE:

This bill would allow Department of Health authorized health care
facilities to donate unused prescription medications, in
tamper-evident packaging, for redispensing by a pharmacist or
prescriber to uninsured and underinsured New Yorkers.

SUMMARY OF PROVISIONS:

Section one adds section 3309-b to Public Health Law to allow
Department of Health approved health care facilities to donate unused
prescription medications for redispensing to eligible individuals by
an authorized pharmacist or prescriber on a voluntary basis.

Section two provides that this act shall take effect immediately.

JUSTIFICATION:

An estimated 50 million Americans skip filling their prescriptions due

to cost in the United States. Despite the lack of access to
prescription drugs for millions of Americans, the Pharmaceutical
Research and Manufacturers of America estimates that up to 13%, or 1.5
million pounds, of prescription medications go unused in health care
facilities each year. The required destruction of prescription
medications not only affects those in need of these very drugs but
also has potential environmental ramifications. Traditional methods of
disposing of unwanted prescription medications may be harmful to the
environment and public health.

A prescription drug donation and redispensing program in New York
would provide uninsured and underinsured individuals with the
medications needed to stay healthy while also reducing pharmaceutical
waste. The program would allow health care facilities to donate their
unused medications, in tamper-evident packaging, to pharmacies and
clinics offering redispensing services to eligible populations.

Currently, 38 states have enacted laws allowing for the reuse, at the
institutional level, of unused prescription medications. Several
states, such as California, have utilized organizations that connect
donor facilities and redispensing facilities directly, resulting in a
safe and efficient method of prescription medication redistribution.
A drug donation and redispensing program can help mitigate health care
costs associated with prescription medication noncompliance by
increasing access to necessary medications for all New Yorkers.

LEGISLATIVE HISTORY:

New bill

FISCAL IMPLICATIONS:


None

EFFECTIVE DATE:

Immediately

2015-S5903 - Bill Text download pdf

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

                                  5903

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 10, 2015
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11582-01-5

S. 5903                             2

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.

2015-S5903A (ACTIVE) - Details

Law Section:: Public Health Law
Laws Affected:: Add §3309-b, Pub Health L

2015-S5903A (ACTIVE) - Summary

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

2015-S5903A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5903A

 TITLE OF BILL :

An act to amend the public health law, in relation to unused
prescription drug donation and redispensing

 PURPOSE :

This bill would allow Department of Health authorized health care
facilities to donate unused prescription medications, in
tamper-evident packaging, for redispensing by a pharmacist or
prescriber to uninsured and underinsured New Yorkers.

 SUMMARY OF PROVISIONS :

Section one adds section 280-b to Public Health Law to allow
Department of Health approved health care facilities to donate unused
prescription medications for redispensing to eligible individuals by
an authorized pharmacist or prescriber on a voluntary basis.

Section two provides that this act shall take effect immediately.

 JUSTIFICATION :

An estimated 50 million Americans skip filling their prescriptions due

to cost in the United States. Despite the lack of access to
prescription drugs for millions of Americans, the Pharmaceutical
Research and Manufacturers of America estimates that up to 13%, or 1.5
million pounds, of prescription medications go unused in health care
facilities each year. The required destruction of prescription
medications not only affects those in need of these very drugs but
also has potential environmental ramifications. Traditional methods of
disposing of unwanted prescription medications may be harmful to the
environment and public health.

A prescription drug donation and redispensing program in New York
would provide uninsured and underinsured individuals with the
medications needed to stay healthy while also reducing pharmaceutical
waste. The program would allow health care facilities to donate their
unused medications, in tamper-evident packaging, to pharmacies and
clinics offering redispensing services to eligible populations.

Currently, 38 states have enacted laws allowing for the reuse, at the
institutional level, of unused prescription medications. Several
states, such as California, have utilized organizations that connect
donor facilities and redispensing facilities directly, resulting in a
safe and efficient method of prescription medication redistribution.
A drug donation and redispensing program can help mitigate health care
costs associated with prescription medication noncompliance by
increasing access to necessary medications for all New Yorkers.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
Immediately

2015-S5903A (ACTIVE) - Bill Text download pdf

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

                                 5903--A
    Cal. No. 783

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 10, 2015
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered to a third reading, passed by Senate and delivered to
  the Assembly, recalled, vote reconsidered, restored to third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11582-09-6

S. 5903--A                          2

  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-
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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