S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9553
 
                           I N  A S S E M B L Y
 
                             January 23, 2018
                                ___________
 
 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:
   § 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.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03684-01-7

 A. 9553                             2
 
 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.
   §  2.  Section 206 of the public health law is amended by adding a new
 subdivision 31 to read as follows:
   31. (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,
   (IV) WHETHER THE WEBSITE OR ENTITY HAS PERMISSION FROM THE APPROPRIATE
 FEDERAL  AGENCY TO IMPORT OR REIMPORT PRESCRIPTION DRUGS INTO THIS COUN-
 TRY, AND

 A. 9553                             3

   (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.
   § 3. This act shall take effect immediately.