S T A T E O F N E W Y O R K
________________________________________________________________________
6775
2017-2018 Regular Sessions
I N S E N A T E
June 16, 2017
___________
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 disposal sites
operated by pharmacies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 3343-b of the public health law,
as amended by chapter 379 of the laws of 2015, is amended and three new
subdivisions 4, 5 and 6 are added to read as follows:
3. Disposal sites shall be operated by law enforcement agencies, phar-
macies THAT DO NOT MEET THE DEFINITION OF "CHAIN PHARMACY" AS DEFINED IN
SUBDIVISION FOUR OF THIS SECTION, and other Federal Drug Enforcement
Administration authorized collectors on a voluntary basis. Nothing in
this section shall require any political subdivision of the state to
participate in the program established in this section.
4. IT IS THE POLICY OF THE STATE TO EXPAND DRUG DISPOSAL OPTIONS TO
KEEP UNUSED MEDICATIONS FROM BEING MISUSED. IN ACCORDANCE WITH THIS
POLICY, CHAIN PHARMACIES DISPENSING SUCH MEDICATIONS SHALL ALSO COLLECT
SUCH MEDICATIONS IN ACCORDANCE WITH THIS SECTION. FOR THE PURPOSES OF
THIS SECTION, "CHAIN PHARMACY" SHALL MEAN ANY PHARMACY THAT IS PART OF A
GROUP OF TEN OR MORE ESTABLISHMENTS THAT: (A) CONDUCT BUSINESS UNDER THE
SAME BUSINESS NAME, OR (B) OPERATE UNDER COMMON OWNERSHIP OR MANAGEMENT
OR PURSUANT TO A FRANCHISE AGREEMENT WITH THE SAME FRANCHISOR. THE
COMMISSIONER SHALL REQUIRE ANY CHAIN PHARMACY OPERATING IN THE STATE TO
PROVIDE DRUG DISPOSAL TO ITS CUSTOMERS, SEEKING FEDERAL DRUG ENFORCEMENT
ADMINISTRATION APPROVAL, AS NEEDED, FOR PURPOSES OF COLLECTING
CONTROLLED SUBSTANCES THROUGH USE OF A COLLECTION RECEPTACLE, TAKE BACK
EVENTS, MAIL-BACK PROGRAM OR OTHER DRUG ENFORCEMENT ADMINISTRATION
APPROVED MECHANISM, PROVIDED SUCH IS OFFERED FREE OF CHARGE TO ALL
CUSTOMERS, WITH THE EXCEPTION OF MAIL-BACK OR OTHER APPROVED DRUG
DISPOSAL ENVELOPE OR PRODUCT PROVIDED AT NO PROFIT TO THE PHARMACY. IN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13238-02-7
S. 6775 2
THE EVENT A PHARMACY COLLECTS CONTROLLED SUBSTANCES THROUGH TAKE BACK
EVENTS, THE PHARMACY SHALL MAKE MAIL-BACK ENVELOPES AVAILABLE AT NO
PROFIT TO THE PHARMACY.
5. NONRESIDENT PHARMACIES REGISTERED PURSUANT TO SECTION SIXTY-EIGHT
HUNDRED EIGHT-B OF THE EDUCATION LAW, THAT FILL PRESCRIPTIONS FOR
CONTROLLED SUBSTANCES TO BE DELIVERED TO RESIDENTS OF THE STATE, SHALL
OFFER ALL NEW YORK STATE RESIDENTS THE OPTION TO MAIL-BACK CONTROLLED
SUBSTANCES FREE OF CHARGE TO THE CONSUMER IN ACCORDANCE WITH THIS
SECTION, AND FEDERAL LAW AND REGULATIONS.
6. JURISDICTION OF ALL MATTERS PERTAINING TO DRUG DISPOSAL OF
CONTROLLED SUBSTANCES IS BY THIS SECTION VESTED EXCLUSIVELY IN THE
STATE. ANY PROVISION OF ANY LOCAL LAW OR ORDINANCE, OR ANY RULE OR REGU-
LATION PROMULGATED PRIOR TO, OR UPON THE EFFECTIVE DATE OF THIS SUBDIVI-
SION, SHALL BE PREEMPTED.
§ 2. This act shall take effect six months after it shall have become
a law.