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Assembly Bill A389A

2019-2020 Legislative Session

Enacts the "tobacco-free pharmacies act"

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Archive: Last Bill Status - Stricken

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Bill Amendments

co-Sponsors

2019-A389 - Details

See Senate Version of this Bill:
S592
Law Section:
Public Health Law
Laws Affected:
Add §1399-mm-1, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:
A6956, S5433

2019-A389 - Summary

Enacts the "tobacco-free pharmacies act"; provides that no pharmacy shall sell or cause to be sold tobacco products; imposes civil penalties.

2019-A389 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 592                                                    A. 389
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 IN  SENATE  --  Introduced  by  Sen.  CARLUCCI -- read twice and ordered
   printed, and when printed to be committed to the Committee on Health
 
 IN ASSEMBLY -- Introduced by M. of A. GALEF,  ORTIZ,  JAFFEE,  DINOWITZ,
   SIMON, BUCHWALD, D'URSO, GLICK, RIVERA, L. ROSENTHAL, BLAKE, MONTESANO
   -- read once and referred to the Committee on Health
 
 AN  ACT  to  amend  the  public  health law, in relation to enacting the
   "tobacco-free pharmacies act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Tobacco-Free Pharmacies Act".
   § 2. The public  health  law  is  amended  by  adding  a  new  section
 1399-dd-1 to read as follows:
   §  1399-DD-1.  SALE  OF  TOBACCO PRODUCTS IN PHARMACIES. 1. AS USED IN
 THIS SECTION "PHARMACY" MEANS ANY PLACE REGISTERED AS SUCH  BY  THE  NEW
 YORK  STATE  BOARD  OF  PHARMACY  AND REGISTERED WITH THE FEDERAL AGENCY
 PURSUANT TO THE FEDERAL CONTROLLED SUBSTANCES ACT AS WELL AS  ANY  PLACE
 IN  WHICH  DRUGS AND MEDICAL COMPONENTS ARE POSSESSED FOR THE PURPOSE OF
 PREPARING, COMPOUNDING, PRESERVING OR DISPENSING OF DRUGS, MEDICINES AND
 THERAPEUTIC DEVICES ON  THE  BASIS  OF  PRESCRIPTIONS.    THIS  INCLUDES
 RETAILERS  THAT OPERATE OR MAINTAIN A PHARMACY WITHIN THEIR PREMISES BUT
 SHALL NOT INCLUDE OTHER RETAILERS CO-LOCATED IN A MALL OR OTHER  SIMILAR
 FACILITY WHERE SUCH PHARMACY IS LOCATED.
   2. NO PHARMACY SHALL SELL OR CAUSE TO BE SOLD TOBACCO PRODUCTS.
   3.  THE  COMMISSIONER  SHALL  HAVE  SOLE  JURISDICTION  TO ENFORCE THE
 PROVISIONS OF THIS SECTION.
   4. IF A VIOLATION IS SUSPECTED BY THE COMMISSIONER,  NOTICE  SHALL  BE
 GIVEN  AND  A  HEARING  SHALL  OCCUR  TO  DETERMINE  IF  A VIOLATION HAS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2019-A389A (ACTIVE) - Details

See Senate Version of this Bill:
S592
Law Section:
Public Health Law
Laws Affected:
Add §1399-mm-1, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:
A6956, S5433

2019-A389A (ACTIVE) - Summary

Enacts the "tobacco-free pharmacies act"; provides that no pharmacy shall sell or cause to be sold tobacco products; imposes civil penalties.

2019-A389A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 592--A                                              A. 389--A
     Cal. No. 190
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 IN  SENATE  --  Introduced  by  Sen.  CARLUCCI -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Health
   --  reported  favorably  from said committee, ordered to first report,
   amended on first report,  ordered  to  a  second  report  and  ordered
   reprinted, retaining its place in the order of second report
 
 IN  ASSEMBLY  --  Introduced by M. of A. GALEF, ORTIZ, JAFFEE, DINOWITZ,
   SIMON, BUCHWALD, D'URSO, GLICK, RIVERA, L. ROSENTHAL, BLAKE, MONTESANO
   -- read once and referred to the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  public  health law, in relation to enacting the
   "tobacco-free pharmacies act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Tobacco-Free Pharmacies Act".
   § 2. The public  health  law  is  amended  by  adding  a  new  section
 1399-mm-1 to read as follows:
   §  1399-MM-1.  SALE  OF TOBACCO PRODUCTS IN PHARMACIES. 1.  NO TOBACCO
 PRODUCTS, HERBAL CIGARETTES, VAPOR PRODUCTS,  OR  ELECTRONIC  CIGARETTES
 SHALL BE SOLD IN A PHARMACY OR IN A RETAIL ESTABLISHMENT THAT CONTAINS A
 PHARMACY  OPERATED AS A DEPARTMENT AS DEFINED IN PARAGRAPH F OF SUBDIVI-
 SION TWO OF SECTION SIXTY-EIGHT HUNDRED EIGHT OF THE EDUCATION LAW.
   2. THE COMMISSIONER  SHALL  HAVE  SOLE  JURISDICTION  TO  ENFORCE  THE
 PROVISIONS OF THIS SECTION.
   3.  IF  A  VIOLATION IS SUSPECTED BY THE COMMISSIONER, NOTICE SHALL BE
 GIVEN AND A  HEARING  SHALL  OCCUR  TO  DETERMINE  IF  A  VIOLATION  HAS
 OCCURRED.  THE  HEARING SHALL BE CONDUCTED PURSUANT TO THE PROVISIONS OF
 SECTION TWELVE-A OF THIS CHAPTER.

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