S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4095
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2019
                                ___________
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08461-01-9

 A. 4095                             2
 
   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
 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,

 A. 4095                             3
 
   (IV) WHETHER THE WEBSITE OR ENTITY HAS PERMISSION FROM THE APPROPRIATE
 FEDERAL AGENCY TO IMPORT OR REIMPORT PRESCRIPTION DRUGS INTO THIS  COUN-
 TRY, AND
   (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.