S T A T E O F N E W Y O R K
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4095
2019-2020 Regular Sessions
I N A S S E M B L Y
February 1, 2019
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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,
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(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.