NY State Senate Bill S592A

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health
Jun 20, 2019	committed to rules
Mar 04, 2019	advanced to third reading
Feb 28, 2019	2nd report cal. amended 592a
Feb 27, 2019	1st report cal.190
Jan 09, 2019	referred to health

Votes

view votes

Feb 27, 2019 - Health committee Vote

S592

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

S592 - Details

See Assembly Version of this Bill:: A389
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1399-mm-1, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S5433, A6956

S592 - Summary

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

S592 - Sponsor Memo

 
BILL NUMBER: S592

SPONSOR: CARLUCCI
 
TITLE OF BILL:

An act to amend the public health law, in relation to enacting the
"tobacco-free pharmacies act"

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to enact the "Tobacco-Free Pharmacies
Act", which would prohibit the sale of tobacco products in pharmacies.

 
SUMMARY OF PROVISIONS:

Section 1. This act shall be known and cited as the "Tobacco-Free Phar-
macies Act".

Section 2. A new section 1399-dd-1 is added to the Public Health Law,
which defines pharmacies as any place registered by the New York State
Board of Pharmacy and with the Federal Agency pursuant to the federal

controlled substances act. It also includes any place where drugs and
medical components are possessed for the purpose of preparing, compound-
ing, preserving or dispensing of drugs, medicines and therapeutic
devices on the basis of a prescription. This includes facilities and
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. No pharmacy shall sell or cause
to be sold tobacco products. The commissioner has sole jurisdiction to
enforce the provisions of this section. Details are also given in case
there are violations.

Section 3. Establishes the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

 
JUSTIFICATION:

On the Centers for Disease Control and Prevention (CDC) website it
states that smoking is the leading cause of preventable death, that it
harms nearly every organ of the body, and that in 2011, nearly 70% of
adult cigarette smokers wanted to stop.

We know all the diseases that are caused by smoking such as cancer,
diabetes, chronic obstructive pulmonary disease, and heart disease, yet
based on a 2015 CDC report, as of 2014, the adult smoking rate is still
at 16.8%.

The American Nonsmokers' Rights Foundation (January 2017) establishes
that municipalities in California, Massachusetts and Minnesota have
passed tobacco-free pharmacy laws. In 2014, all CVS Pharmacies, current-
ly located in 49 states, decided to go tobacco-free by choice.  It only
makes sense, a business intended to make us feel better should not sell
their customers products that, when taken as attended, would cut their
lifespan by an average of 10 years. Earlier this year, Rockland County
became the first county in New York to enact the "Tobacco-Free Pharma-
cies Act", and we hope the State will follow in those footsteps become
the first in enacting a statewide law.

This legislation will apply to all pharmacies, and all stores that oper-
ate a pharmacy within. In the past, similar laws were enacted that

 
PRIOR LEGISLATIVE HISTORY:;

A. 6956-A and S.5433-A of 2017/2018 Similar To:  A. 7418 and S. 3607 of
2013/2014;
A. 8839 and S. 6506 of 2011/2012 (New Assembly Sponsor);
A. 3329 and S. 6506 of 2011/2012 (Sponsor Left Assembly); A. 5890 and S.
1234 of 2009/2010;
A. 8395-A and S. 8097 of 2007/2008

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

There are no fiscal implications associated with the passage of this
legislation.

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law;
provided, however, that effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized and directed to be made
and completed on or before such effective date.

S592 - 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.

                                                           LBD00256-01-9

S. 592                              2                             A. 389

OCCURRED. THE HEARING SHALL BE CONDUCTED PURSUANT TO THE  PROVISIONS  OF
SECTION TWELVE-A OF THIS CHAPTER.
  5.  IF THE COMMISSIONER DETERMINES AFTER A HEARING THAT A VIOLATION OF
THIS SECTION HAS OCCURRED, A CIVIL PENALTY MAY BE IMPOSED BY THE COMMIS-
SIONER IN AN AMOUNT NOT TO EXCEED TWO THOUSAND DOLLARS PER VIOLATION. NO
OTHER PENALTY, FINE OR SANCTION MAY BE IMPOSED, PROVIDED THAT NOTHING IN
THIS SECTION SHALL  BE  CONSTRUED  TO  PROHIBIT  THE  COMMISSIONER  FROM
COMMENCING  A PROCEEDING FOR INJUNCTIVE RELIEF TO COMPEL COMPLIANCE WITH
THIS SECTION.
  § 3. This act shall take effect one year after it shall have become  a
law. Effective immediately, the addition, amendment and/or repeal of any
rule  or  regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.

S592A (ACTIVE) - Details

See Assembly Version of this Bill:: A389
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §1399-mm-1, Pub Health L
Versions Introduced in 2017-2018 Legislative Session:: S5433, A6956

S592A (ACTIVE) - Summary

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

S592A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S592A

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to amend the public health law, in relation to
enacting the "tobacco-free pharmacies act"

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to enact the "Tobacco-Free Pharmacies
Act", which would prohibit the sale of tobacco products in pharmacies.

 
SUMMARY OF PROVISIONS:

Section 1. This act shall be known and cited as the "Tobacco-Free Phar-
macies Act",

Section 2. A new section 1399-mm-1 is added to the Public Health Law,
which and states that 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 subdivision two of section 6808 of the

Education Law. The commissioner has sole jurisdiction to enforce the
provisions of this section. Details are also given in case there are
violations.

Section 3. Establishes the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

We changed the section of law from 1399-dd-1 to 1399-mm-1, and slightly
changed the language without changing the overall purpose.

 
JUSTIFICATION:

On the Centers for Disease Control and Prevention (CDC) website it
states that smoking is the leading cause of prevent able death, that it
harms nearly every organ of the body, and that in 2011, nearly 70% of
adult cigarette smokers wanted to stop.

We know all the diseases that are caused by smoking such as cancer,
diabetes, chronic obstructive pulmonary disease, and heart disease, yet
based on a 2015 CDC report, as of 2014, the adult smoking rate is still
at 16.8%.

The American Nonsmokers' Rights Foundation (January 2017) establishes
that municipalities in California, Massachusetts and Minnesota have
passed tobacco-free pharmacy laws. In 2014, all CVS Pharmacies, current-
ly located in 49 states, decided to go tobacco-free by choice. It only
makes sense, a business intended to make us feel better should not sell
their customers products that, when taken as at tended, would cut their
lifespan by an average of 10 years. Earlier this year, Rockland County
became the first county in New York to enact the "Tobacco-Free Pharma-
cies Act", and we hope the State will follow in those footsteps become
the first in enacting a statewide law.

This legislation will apply to all pharmacies, and all stores that oper-
ate a pharmacy within. In the past, similar laws were enacted that

 
PRIOR LEGISLATIVE HISTORY:
A. 6956-A and S.5433-A of 2017/2018

Similar To:

A. 7418 and S. 3607 of 2013/2014; A. 8839 and S. 6506 of 2011/2012 (New
Assembly Sponsor); A. 3329 and S. 6506 of 2011/2012 (Sponsor Left Assem-
bly); A. 5890 and S. 1234 of 2009/2010; A. 8395-A and S.  8097 of
2007/2008

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

There are no fiscal implications associated with the passage of this
legislation.

 
EFFECTIVE DATE: This act shall take effect on the 180 day after becom-
ing law.

S592A (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00256-03-9

S. 592--A                           2                          A. 389--A

  4. IF THE COMMISSIONER DETERMINES AFTER A HEARING THAT A VIOLATION  OF
THIS SECTION HAS OCCURRED, A CIVIL PENALTY MAY BE IMPOSED BY THE COMMIS-
SIONER IN AN AMOUNT NOT TO EXCEED TWO THOUSAND DOLLARS PER VIOLATION. NO
OTHER PENALTY, FINE OR SANCTION MAY BE IMPOSED, PROVIDED THAT NOTHING IN
THIS  SECTION  SHALL  BE  CONSTRUED  TO  PROHIBIT  THE COMMISSIONER FROM
COMMENCING A PROCEEDING FOR INJUNCTIVE RELIEF TO COMPEL COMPLIANCE  WITH
THIS SECTION.
  § 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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The New York State Senate

senate Bill S592A

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Your Voice

Actions

Votes

Feb 27, 2019 - Health committee Vote

Committee Vote: Feb 27, 2019

Bill Amendments

S592 - Details

S592 - Summary

S592 - Sponsor Memo

S592 - Bill Text download pdf

S592A (ACTIVE) - Details

S592A (ACTIVE) - Summary

S592A (ACTIVE) - Sponsor Memo

S592A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S592A

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Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Health Committee

Your Voice

Actions

Votes

Feb 27, 2019 - Health committee Vote

Committee Vote: Feb 27, 2019

Bill Amendments

S592 - Details

S592 - Summary

S592 - Sponsor Memo

S592 - Bill Text download pdf

S592A (ACTIVE) - Details

S592A (ACTIVE) - Summary

S592A (ACTIVE) - Sponsor Memo

S592A (ACTIVE) - Bill Text download pdf

Comments