NY State Senate Bill 2017-S7354

Archive: Last Bill Status - In Assembly Committee

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
Apr 25, 2018	returned to senate recalled from assembly referred to health delivered to assembly passed senate
Jan 23, 2018	advanced to third reading
Jan 22, 2018	2nd report cal.
Jan 17, 2018	1st report cal.202
Jan 09, 2018	referred to health

Votes

- Apr 25, 2018 - Floor Vote
  S7354
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 25, 2018
      
      aye (59)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (2)
      
      Krueger
      
      Sanders Jr.
  Jan 17, 2018 - Health Committee Vote
  S7354
  
  17
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Jan 17, 2018
      
      aye (17)
      
      Felder
      
      Golden
      
      Hannon
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Larkin
      
      Little
      
      Montgomery
      
      Murphy
      
      Persaud
      
      Ritchie
      
      Rivera
      
      Seward
      
      Stavisky
      
      Tedisco
      
      Valesky

co-Sponsors

View additional co-sponsors

2017-S7354 (ACTIVE) - Details

Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Add Art 2-B §§290 - 294, amd §3343-b, Pub Health L

2017-S7354 (ACTIVE) - Summary

Enacts the drug take back act requiring certain manufacturers to operate a drug take back program to accept and dispose of covered drugs.

2017-S7354 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7354

SPONSOR: HANNON
 
TITLE OF BILL:  An act to amend the public health law, in relation to
enacting the drug take back act

 
PURPOSE:

To establish a statewide drug take back program for the safe disposal of
drugs.

 
SUMMARY OF PROVISIONS:

Section one provides the bill shall be known as the Drug Take Back Act.

Section two adds a new Article 2-b to the Public Health Law which
provides for the safe disposal of drugs statewide. Under this Act,
manufacturers of covered drugs must either submit, individually or
jointly, a drug take back program for approval by the Department of
Health, or enter into an agreement with the Department to operate a drug
take back program on its behalf. Under such program, manufacturers are

responsible for all administrative and operational fees associated with
their take back program, including the cost of collecting, transporting
and disposing of covered drugs from pharmacies and other authorized
collectors and the recycling or disposal, or both, of packing collected
with the covered drug. This Act further requires chain pharmacies and
mail-order pharmacies to provide for the collection of covered drugs by
providing consumers with on-site collection, prepaid mail-back envelopes
or other Drug Enforcement Agency (DEA) approved methods.

Section three amends Public Health Law § 3343-b to make conforming
changes.

Section four provides the effective date.

 
JUSTIFICATION:

New York, like the rest of the nation, continues to struggle with the
opioid addiction crisis. Despite our best effects to stem the tide of
opioid related deaths by, among other things, increasing access to
Naloxone, enacting I-STOP to prevent doctor shopping, limiting initial
prescriptions to 7 days, and changing the Insurance Law to make treat-
ment more accessible, the number of deaths continue to rise. It is well
known the first supply of opioids is often leftover medication a family
member or friend received and did not use. To cut off this supply, we
must make the take back and disposal of these drugs more prominent and
accessible.

In addition to getting excess drugs out of medicine cabinets where they
are ripe for abuse, a statewide drug take back program will help ensure
these and other drugs are not improperly disposed by flushing or other
means that results in harm to our water bodies and impacts aquatic life.
Last year New York made a historic investment in improving and protect-
ing our water, keeping drugs out of our water supplies is another impor-
tant and necessary step.

While law enforcement agencies have drop-off points and elected offi-
cials hold drug take back days that help properly dispose of many drugs,
more must be done. Chapter 79 of the Laws of 2015, allowed pharmacies
and other DEA authorized collectors to collect unused controlled
substances in New York. While this was an important step in making it
easier for people to take back their unused medications, voluntarily
participation remains low. The Department of Environmental Conservation
recently announced a pilot program that provides take back receptacles
at participating pharmacies, hospitals and long-term care facilities,
but again this program is voluntary and limited in scope. Meanwhile, a
recent effort to require chain pharmacies statewide, and mail-order
pharmacies, to participate in drug take back was vetoed by the Governor.

Product Stewardship is the concept that whoever manufactures, produces,
or sells a product take responsibility for minimizing the product's
environmental impact throughout all stages of the products' life cycle,
including its disposal or destruction. Over the years, New York has
developed product stewardship programs for products such as electronic
waste, rechargeable batteries, and mercury thermostats.  Drug steward-
ship programs are however, still largely in their infancy. In 2012,
Alameda County, CA became the first government to pass legislation
requiring pharmaceutical manufacturers to design, fund and operate a
program to safely collect and dispose unwanted drugs. Alameda's program
withstood court scrutiny, with the Ninth Circuit Court of Appeals find-
ing its provisions did not violate the Dormant Commerce Clause. On May
26, 2015, the Supreme Court of the United States denied certiorari.

The Alameda case paved the way, with now nine counties in California and
more recently the state of Massachusetts and several counties in.  New
York adopting similar programs. However, many of the existing drug
stewardship programs continue to rely solely on voluntary retail partic-
ipation, which has already proven to be low in New York. Retail partic-
ipation is critical in reaching consumers and getting the most benefit
from a take back program. Just as individuals can return tires, car
batteries and motor oil to the businesses they purchased them from, New
Yorkers should be able dispose of drugs, or obtain a prepaid mail-back
envelope, at a pharmacy. Thus, this legislation will provide for
unified, statewide drug take back, to be paid for by manufacturers, and
require participation of chain and mail-order pharmacies. Manufacturers
will be responsible for all costs from public education and awareness to
collection, transport and destruction, and pharmacies will provide meth-
ods for convenient drop-off and collection.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately; provided, however, that the amendments to subdivision 1 of
section 292 of the Public Health Law as added by section two of this
Act, shall take effect 180 days after enactment.

2017-S7354 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7354
 
                             I N  S E N A T E
 
                              January 9, 2018
                                ___________
 
 Introduced  by  Sens.  HANNON, O'MARA -- 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 enacting the  drug
   take back act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as the "drug  take
 back act."
   §  2.  The public health law is amended by adding a new article 2-B to
 read as follows:
                                ARTICLE 2-B
                              DRUG TAKE BACK
 SECTION 290. DEFINITIONS.
         291. DRUG TAKE BACK.
         292. COLLECTION.
         293. VIOLATIONS.
         294. JURISDICTION.
   § 290. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT CLEAR-
 LY REQUIRES OTHERWISE:
   1. "AUTHORIZED COLLECTOR" MEANS: (A) A PERSON, COMPANY, CORPORATION OR
 OTHER ENTITY THAT IS REGISTERED WITH THE UNITED STATES DRUG  ENFORCEMENT
 ADMINISTRATION TO COLLECT CONTROLLED SUBSTANCES FOR THE PURPOSES OF SAFE
 DISPOSAL  AND  DESTRUCTION;  (B) A LAW ENFORCEMENT AGENCY; (C) A MUNICI-
 PALITY; OR (D) A PERSON, COMPANY, CORPORATION OR OTHER ENTITY AUTHORIZED
 BY THE DEPARTMENT TO PROVIDE ALTERNATIVE COLLECTION METHODS FOR  COVERED
 DRUGS THAT ARE NOT CONTROLLED SUBSTANCES.
   2.  "COVERED  DRUG"  MEANS ANY SUBSTANCE RECOGNIZED AS A DRUG UNDER 21
 USC § 321(G)(1), AS AMENDED, THAT IS SOLD, OFFERED FOR SALE OR DISPENSED
 IN THE STATE, WHETHER DIRECTLY OR THROUGH  A  WHOLESALER,  IN  ANY  FORM
 INCLUDING  PRESCRIPTION  AND  NONPRESCRIPTION  DRUGS,  DRUGS  IN MEDICAL
 DEVICES AND COMBINATION PRODUCTS, BRAND AND GENERIC DRUGS AND DRUGS  FOR
 VETERINARY  USE;  PROVIDED  HOWEVER, COVERED DRUG SHALL NOT INCLUDE: (A)
 VITAMINS OR  SUPPLEMENTS;  (B)  HERBAL-BASED  REMEDIES  AND  HOMEOPATHIC
 DRUGS, PRODUCTS OR REMEDIES; (C) COSMETICS, SOAP (WITH OR WITHOUT GERMI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14168-02-8

 S. 7354                             2
 
 CIDAL  AGENTS),  LAUNDRY DETERGENT, BLEACH, HOUSEHOLD CLEANING PRODUCTS,
 SHAMPOOS, SUNSCREENS, TOOTHPASTE, LIP  BALM,  ANTIPERSPIRANTS  OR  OTHER
 PERSONAL CARE PRODUCTS THAT ARE REGULATED AS BOTH COSMETICS AND NONPRES-
 CRIPTION  DRUGS  UNDER THE FEDERAL FOOD, DRUG, AND COSMETIC ACT; (D) PET
 PESTICIDE PRODUCTS CONTAINED IN PET COLLARS, POWDERS, SHAMPOOS,  TOPICAL
 APPLICATIONS,  OR OTHER FORMS; (E) DRUGS THAT ARE BIOLOGICAL PRODUCTS AS
 DEFINED IN SUBDIVISION TWENTY-SEVEN OF SECTION SIXTY-EIGHT  HUNDRED  TWO
 OF  THE  EDUCATION  LAW IF THE MANUFACTURER ALREADY PROVIDES A TAKE BACK
 PROGRAM; (F) DRUGS FOR WHICH A MANUFACTURER PROVIDES A TAKE BACK PROGRAM
 AS PART OF A FEDERAL FOOD AND DRUG ADMINISTRATION  MANAGED  RISK  EVALU-
 ATION AND MITIGATION STRATEGY; (G) MEDICAL DEVICES OR THE COMPONENT PART
 OF SUCH DEVICES OR ACCESSORIES IF SUCH DEVICE OR COMPONENT PART CONTAINS
 NO  COVERED  DRUG;  AND  (H)  DRUGS  THAT  ARE USED SOLELY IN A CLINICAL
 SETTING.
   3. "MANUFACTURER" MEANS A PERSON, COMPANY, CORPORATION OR OTHER ENTITY
 ENGAGED IN THE MANUFACTURE OF DRUGS SOLD IN THE STATE.
   4. "PHARMACIES" MEANS ALL PHARMACIES REGISTERED UNDER  SECTION  SIXTY-
 EIGHT HUNDRED EIGHT OF THE EDUCATION LAW THAT ARE PART OF A GROUP OF TEN
 OR  MORE  ESTABLISHMENTS  THAT  CONDUCT BUSINESS UNDER THE SAME NAME, OR
 OPERATE UNDER A COMMON OWNERSHIP OR MANAGEMENT, OR PURSUANT TO  A  FRAN-
 CHISE AGREEMENT WITH THE SAME FRANCHISOR, AND ALL NONRESIDENT PHARMACIES
 REGISTERED PURSUANT TO SECTION SIXTY-EIGHT HUNDRED EIGHT-B OF THE EDUCA-
 TION LAW THAT PROVIDE COVERED DRUGS TO STATE RESIDENTS BY MAIL.
   5. "DRUG TAKE BACK ORGANIZATION" MEANS AN ORGANIZATION DESIGNATED BY A
 MANUFACTURER OR A GROUP OF MANUFACTURERS TO ACT AS AN AGENT ON BEHALF OF
 THE  MANUFACTURER  OR  GROUP OF MANUFACTURERS TO OPERATE AND IMPLEMENT A
 DRUG TAKE BACK PROGRAM AS AUTHORIZED BY THIS ARTICLE.
   6. "WHOLESALER" MEANS ANY PERSON, COMPANY, CORPORATION OR OTHER ENTITY
 THAT SELLS OR DISTRIBUTES DRUGS AND COVERED DRUGS FOR RESALE TO AN ENTI-
 TY IN THE STATE OTHER THAN A CONSUMER.
   § 291. DRUG TAKE BACK. 1. ANY MANUFACTURER OF A COVERED DRUG SHALL:
   (A) OPERATE A DRUG TAKE BACK PROGRAM APPROVED BY THE DEPARTMENT  INDI-
 VIDUALLY OR JOINTLY WITH OTHER MANUFACTURERS;
   (B)  ENTER  INTO AN AGREEMENT WITH A DRUG TAKE BACK ORGANIZATION WHICH
 SHALL OPERATE A DRUG TAKE BACK PROGRAM APPROVED BY THE DEPARTMENT; OR
   (C) ENTER INTO AN AGREEMENT WITH THE DEPARTMENT TO OPERATE A DRUG TAKE
 BACK PROGRAM ON ITS BEHALF.
   2. ANY MANUFACTURER OF A COVERED DRUG, INDIVIDUALLY OR JOINTLY,  OR  A
 DRUG  TAKE  BACK  ORGANIZATION CONTRACTED BY A MANUFACTURER OF A COVERED
 DRUG SHALL WITHIN ONE HUNDRED EIGHTY DAYS FROM  THE  EFFECTIVE  DATE  OF
 THIS  SECTION  SUBMIT TO THE DEPARTMENT, IN A MANNER AND FORM DETERMINED
 BY THE DEPARTMENT, A PROPOSED DRUG TAKE BACK PROGRAM THAT  MEETS,  AT  A
 MINIMUM, THE FOLLOWING REQUIREMENTS:
   (A) CERTIFIES THE DRUG TAKE BACK PROGRAM WILL ACCEPT ALL COVERED DRUGS
 REGARDLESS OF WHO PRODUCED THEM;
   (B) PROVIDES CONTACT INFORMATION FOR THE PERSON SUBMITTING THE PLANNED
 DRUG  TAKE  BACK  PROGRAM  WITH  WHOM  THE  DEPARTMENT  SHALL DIRECT ALL
 INQUIRIES;
   (C) DETAILS A PHARMACY COLLECTION SYSTEM TO PROVIDE CONVENIENT,  ONGO-
 ING  COLLECTION  SERVICES  TO  ALL PERSONS SEEKING TO DISPOSE OF COVERED
 DRUGS PURSUANT TO SECTION TWO HUNDRED NINETY-TWO OF THIS ARTICLE;
   (D) DESCRIBES OTHER COLLECTION METHODS BY WHICH COVERED DRUGS WILL  BE
 COLLECTED BY AUTHORIZED COLLECTORS;
   (E) EXPLAINS HOW COVERED DRUGS WILL BE SAFELY AND SECURELY TRACKED AND
 HANDLED FROM COLLECTION THROUGH FINAL DISPOSAL AND DESTRUCTION, POLICIES
 TO  ENSURE  SECURITY  AND  COMPLIANCE WITH ALL APPLICABLE LAWS AND REGU-

 S. 7354                             3

 LATIONS INCLUDING DISPOSAL AND  DESTRUCTION  AT  A  PERMITTED  HAZARDOUS
 WASTE DISPOSAL FACILITY MEETING FEDERAL REQUIREMENTS;
   (F)  DESCRIBES  THE PUBLIC EDUCATION AND OUTREACH ACTIVITIES THAT WILL
 BE UNDERTAKEN WHICH SHALL INCLUDE ADVERTISING OF COLLECTION LOCATIONS ON
 A WEBSITE AND THROUGH USE OF SIGNAGE AND OTHER  WRITTEN  MATERIALS,  AND
 HOW EFFECTIVENESS WILL BE EVALUATED;
   (G)  DETAILS HOW THE COSTS OF PHARMACY COLLECTION AND OTHER AUTHORIZED
 COLLECTORS WILL BE REIMBURSED WHICH SHALL INCLUDE COSTS  RETROACTIVE  TO
 THE EFFECTIVE DATE OF THIS ARTICLE, AND WHERE MORE THAN ONE MANUFACTURER
 WILL  BE  INVOLVED IN THE PLANNED DRUG TAKE BACK PROGRAM, A PLAN FOR THE
 FAIR AND REASONABLE MANNER OF ALLOCATED COSTS AMONG THE PARTICIPANTS  IN
 SUCH PROGRAM SUCH THAT THE COSTS PAID BY EACH MANUFACTURER IS REASONABLY
 RELATED TO THE NUMBER OR VALUE OF COVERED DRUGS SOLD IN THE STATE; AND
   (H) PROVIDES ANY FURTHER INFORMATION DEEMED APPROPRIATE BY THE DEPART-
 MENT.
   3.  WITHIN  THIRTY  DAYS  OF  THE EFFECTIVE DATE OF THIS SECTION, EACH
 WHOLESALER THAT SELLS COVERED DRUGS IN OR INTO THE STATE  SHALL  PROVIDE
 THE  DEPARTMENT WITH A LIST OF MANUFACTURERS THAT PRODUCE COVERED DRUGS.
 THE DEPARTMENT MAY REQUEST UPDATED LISTS AT ITS DISCRETION.
   4. A MANUFACTURER, INDIVIDUALLY OR JOINTLY, MUST PAY  ALL  ADMINISTRA-
 TIVE  AND  OPERATIONAL  FEES ASSOCIATED WITH THE DRUG TAKE BACK PROGRAM,
 INCLUDING THE COST OF COLLECTING, TRANSPORTING AND DISPOSING OF  COVERED
 DRUGS  FROM PHARMACIES AND OTHER AUTHORIZED COLLECTORS AND THE RECYCLING
 OR DISPOSAL, OR BOTH,  OF  PACKING  COLLECTED  WITH  THE  COVERED  DRUG.
 MANUFACTURERS SHALL ALSO PAY COSTS INCURRED BY THE STATE IN THE ADMINIS-
 TRATION  AND  ENFORCEMENT  OF  THE DRUG TAKE BACK PROGRAM.  EXCLUSIVE OF
 FINES AND PENALTIES, THE STATE SHALL ONLY RECOVER  ITS  ACTUAL  COST  OF
 ADMINISTRATION AND ENFORCEMENT. IN INSTANCES WHERE MANUFACTURERS JOINTLY
 CONDUCT  A  DRUG  TAKE  BACK  PROGRAM,  THE  COSTS OF ADMINISTRATION AND
 ENFORCEMENT SHALL BE FAIRLY  AND  REASONABLY  ALLOCATED  SUCH  THAT  THE
 PORTION OF COSTS IS REASONABLY RELATED TO THE NUMBER OR VALUE OF COVERED
 DRUGS  THE MANUFACTURERS SELL IN THE STATE. NO MANUFACTURER MAY CHARGE A
 POINT-OF-SALE OR OTHER FEE TO CONSUMERS, OR A FEE THAT COULD  BE  PASSED
 ON TO CONSUMERS, TO RECOUP THE COST OF THEIR DRUG TAKE BACK PROGRAM.
   5.  WITHIN SIXTY DAYS OF RECEIPT OF A PROPOSED DRUG TAKE BACK PROGRAM,
 THE DEPARTMENT, IN CONSULTATION WITH  THE  DEPARTMENT  OF  ENVIRONMENTAL
 CONSERVATION,  SHALL  DETERMINE  WHETHER  SUCH  PROPOSED  DRUG TAKE BACK
 PROGRAM COMPLIES WITH THE REQUIREMENTS OF THIS ARTICLE  AND  NOTIFY  THE
 APPLICANT.  THE DEPARTMENT MAY CONDUCT A NOTICED PUBLIC HEARING PRIOR TO
 APPROVAL. IF THE DRUG TAKE BACK  PROGRAM  IS  APPROVED,  THE  DEPARTMENT
 SHALL  NOTIFY THE APPLICANT IN WRITING. IF THE DRUG TAKE BACK PROGRAM IS
 NOT APPROVED, THE DEPARTMENT SHALL NOTIFY THE APPLICANT IN  WRITING  AND
 THE  APPLICANT  SHALL  SUBMIT  A REVISED DRUG TAKE BACK PROGRAM PROPOSAL
 WITHIN THIRTY DAYS.  IF THE DEPARTMENT REJECTS THE SUBSEQUENT  PROPOSAL,
 THE  MANUFACTURER  OR  MANUFACTURERS AT ISSUE SHALL BE OUT OF COMPLIANCE
 WITH THIS ARTICLE AND SUBJECT TO THE ENFORCEMENT PROVISIONS PURSUANT  TO
 SECTION  TWO  HUNDRED  NINETY-FOUR OF THIS ARTICLE. THE DEPARTMENT SHALL
 PROVIDE, AND UPDATE ANNUALLY, ON ITS WEBSITE A LIST OF ALL MANUFACTURERS
 PARTICIPATING IN A DRUG TAKE BACK PROGRAM APPROVED BY THE DEPARTMENT.
   6. AT LEAST EVERY THREE YEARS, A MANUFACTURER, JOINTLY OR  INDIVIDUAL-
 LY,  OR  A  DRUG  TAKE BACK ORGANIZATION SHALL UPDATE ITS DRUG TAKE BACK
 PROGRAM AND SUBMIT AN UPDATED PROPOSAL TO THE DEPARTMENT. A MANUFACTURER
 WHO BEGINS TO OFFER A COVERED DRUG IN THE STATE AFTER THE EFFECTIVE DATE
 OF THIS ARTICLE, SHALL PROVIDE EVIDENCE OF JOINING AN EXISTING  APPROVED
 DRUG TAKE BACK PROGRAM OR SUBMIT A PROPOSAL FOR A DRUG TAKE BACK PROGRAM
 WITHIN  NINETY  DAYS  FOLLOWING  THE INITIAL OFFER FOR SALE OF A COVERED

 S. 7354                             4
 
 DRUG. ANY PROPOSED CHANGE TO A DRUG TAKE BACK PROGRAM SHALL BE SUBMITTED
 IN WRITING AND APPROVED BY THE DEPARTMENT PRIOR TO ANY CHANGE.
   7. EACH APPROVED DRUG TAKE BACK PROGRAM SHALL REPORT TO THE DEPARTMENT
 AT  A DATE AND MANNER SET BY THE DEPARTMENT. THE DEPARTMENT SHALL SUBMIT
 AN ANNUAL REPORT TO THE GOVERNOR, SPEAKER OF THE ASSEMBLY AND  TEMPORARY
 PRESIDENT  OF  THE  SENATE BY JANUARY FIRST DETAILING ALL PROGRAM ACTIV-
 ITIES, THE VOLUME COLLECTED BY EACH PROGRAM, A DESCRIPTION OF COLLECTION
 ACTIVITIES, THE NAME AND LOCATION OF ALL COLLECTION SITES, PUBLIC EDUCA-
 TION AND OUTREACH ACTIVITIES, AND ANY MANUFACTURER OUT OF COMPLIANCE  OR
 SUBJECT TO PENALTIES PURSUANT TO SECTION TWO HUNDRED NINETY-FOUR OF THIS
 ARTICLE.
   §  292.  COLLECTION.  1.  ALL  PHARMACIES  SHALL  PROVIDE FOR THE SAFE
 COLLECTION OF DRUGS, WHICH SHALL INCLUDE:
   (A) OFFERING DRUG COLLECTION BY:
   (I) ON-SITE COLLECTION RECEPTACLES MEETING FEDERAL STANDARDS;
   (II) MAIL-BACK COLLECTION BY PREPAID ENVELOPES AS AUTHORIZED BY FEDER-
 AL LAW AND REGULATION; OR
   (III) OTHER  FEDERAL  DRUG  ENFORCEMENT  AGENCY  APPROVED  METHODS  OF
 COLLECTION.
   (B)  SIGNAGE PROMINENTLY DISPLAYED ADVERTISING SUCH DRUG COLLECTION TO
 CONSUMERS.
   2. ALL DRUG TAKE BACK PROGRAM OPERATORS SHALL NOTIFY  OTHER  POTENTIAL
 AUTHORIZED  COLLECTORS  OF  THE  OPPORTUNITY  TO  SERVE AS AN AUTHORIZED
 COLLECTOR FOR THE DRUG TAKE BACK PROGRAM.  PARTICIPATION  OF  AUTHORIZED
 COLLECTORS BESIDES PHARMACIES SHALL BE VOLUNTARY.
   3.  ALL  COSTS  OF PHARMACIES AND OTHER AUTHORIZED COLLECTORS SHALL BE
 PAID OR REIMBURSED BY THE MANUFACTURER, JOINTLY OR INDIVIDUALLY, AS PART
 OF THE DRUG TAKE BACK PROGRAMS REQUIRED BY THIS ARTICLE.
   § 293. VIOLATIONS. VIOLATION OF THIS ARTICLE SHALL BE SUBJECT TO FINES
 PURSUANT TO SECTION TWELVE OF  THIS  CHAPTER.  EACH  DAY  IN  WHICH  THE
 VIOLATION CONTINUES SHALL CONSTITUTE A SEPARATE VIOLATION.
   §  294.  JURISDICTION.  JURISDICTION OF ALL MATTERS PERTAINING TO DRUG
 DISPOSAL BY THIS  ARTICLE  IS  VESTED  EXCLUSIVELY  IN  THE  STATE.  ANY
 PROVISION  OF  ANY  LOCAL  LAW  OR  ORDINANCE, OR ANY RULE OR REGULATION
 PROMULGATED PRIOR TO, OR UPON THE EFFECTIVE DATE OF THIS SECTION,  SHALL
 BE PREEMPTED.
   §  3.  Section  3343-b of the public health law, as amended by chapter
 379 of the laws of 2015, is amended to read as follows:
   § 3343-b. Safe  disposal  of  unused  controlled  substances.  1.  The
 department  shall  oversee  a  program  for  the safe disposal of unused
 controlled substances by consumers in accordance with  federal  law  AND
 ARTICLE  TWO-B  OF THIS CHAPTER.  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.  Safe
 disposal  methods  shall  be publicized consistent with the prescription
 pain medication awareness program established pursuant to section  thir-
 ty-three  hundred nine-a of this article AND ARTICLE TWO-B OF THIS CHAP-
 TER.
   2. The surrender of a controlled substance pursuant  to  this  section
 AND  ARTICLE  TWO-B OF THIS CHAPTER shall not constitute the possession,
 transfer or sale of such controlled substance for purposes of this arti-
 cle or the penal law.
   [3. Disposal sites shall be  operated  by  law  enforcement  agencies,
 pharmacies  and other Federal Drug Enforcement Administration authorized
 collectors on a voluntary basis. Nothing in this section  shall  require

 S. 7354                             5

 any  political  subdivision  of  the state to participate in the program
 established in this section.]
   §  4.  The  department of health may adopt regulations as necessary to
 implement and enforce the provisions of this title.
   § 5. This act shall take effect immediately; provided,  however,  that
 the amendments to subdivision 1 of section 292 of the public health law,
 as  added  by  section  two  of  this  act, shall take effect on the one
 hundred eightieth day after it shall have become a law.

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Senate Bill S7354

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Apr 25, 2018 - Floor Vote

Floor Vote: Apr 25, 2018

Jan 17, 2018 - Health Committee Vote

Health Committee Vote: Jan 17, 2018

co-Sponsors

2017-S7354 (ACTIVE) - Details

2017-S7354 (ACTIVE) - Summary

2017-S7354 (ACTIVE) - Sponsor Memo

2017-S7354 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7354

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

2017-S7354 (ACTIVE) - Details

2017-S7354 (ACTIVE) - Summary

2017-S7354 (ACTIVE) - Sponsor Memo

2017-S7354 (ACTIVE) - Bill Text download pdf

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