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Assembly Bill A9103

2021-2022 Legislative Session

Requires a personal use pharmaceutical disposal system be provided at the time of dispensing an opioid prescription

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Archive: Last Bill Status - In Assembly Committee

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2021-A9103 (ACTIVE) - Details

See Senate Version of this Bill:
S7605
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add §3309-b, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:
A5086, S2713

2021-A9103 (ACTIVE) - Summary

Requires a personal use pharmaceutical disposal system be provided at the time of dispensing an opioid prescription at no cost to the ultimate user of such prescribed opioid.

2021-A9103 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9103
 
                           I N  A S S E M B L Y
 
                             January 31, 2022
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public  health  law,  in  relation  to  requiring  a
   personal use pharmaceutical disposal system be provided at the time of
   dispensing an opioid prescription
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The public health law is amended by adding  a  new  section
 3309-b to read as follows:
   §  3309-B.  OPIOID PERSONAL USE PHARMACEUTICAL DISPOSAL SYSTEMS. 1. NO
 PERSON IN THE STATE SHALL DISPENSE AN OPIOID PRESCRIPTION TO  THE  ULTI-
 MATE  USER  OF  SUCH  PRESCRIBED  OPIOID UNLESS SUCH PERSON ADDITIONALLY
 PROVIDES TO SUCH ULTIMATE USER A PERSONAL  USE  PHARMACEUTICAL  DISPOSAL
 SYSTEM AT NO COST TO SUCH ULTIMATE USER.
   2. EACH COUNTY HEALTH DEPARTMENT SHALL PROVIDE PERSONAL USE PHARMACEU-
 TICAL  DISPOSAL  SYSTEMS  TO  EACH PHARMACY IN SUCH COUNTY AT NO COST TO
 SUCH PHARMACY TO BE DISTRIBUTED PURSUANT TO THE PROVISIONS  OF  SUBDIVI-
 SION ONE OF THIS SECTION. PERSONAL  USE  PHARMACEUTICAL DISPOSAL SYSTEMS
 SHALL  EITHER  BE  PROVIDED  TO  EACH  COUNTY  HEALTH  DEPARTMENT BY THE
 MANUFACTURER OF EACH OPIOID DISTRIBUTED IN SUCH COUNTY  AT  NO  COST  TO
 SUCH  COUNTY HEALTH DEPARTMENT, OR ACQUIRED BY THE COUNTY HEALTH DEPART-
 MENT THROUGH THE USE OF FUNDS MADE AVAILABLE FROM THE OPIOID  SETTLEMENT
 FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-NN OF THE STATE FINANCE
 LAW.
   3.  A COUNTY HEALTH DEPARTMENT MAY ESTABLISH ADMINISTRATIVE PROCEDURES
 TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   4. AS USED IN THIS SECTION:
   (A) "PERSONAL USE PHARMACEUTICAL DISPOSAL  SYSTEM"  MEANS  A  PORTABLE
 PRODUCT  DESIGNED  FOR PERSONAL USE BY THE ULTIMATE USER FOR THE PURPOSE
 OF ALLOWING THE ULTIMATE USER OF A PRESCRIBED OPIOID TO  DEACTIVATE  THE
 PRESCRIBED OPIOID TO A NON-RETRIEVABLE CONDITION OR STATE.
   (B)  "ULTIMATE USER" MEANS A PERSON WHO HAS LAWFULLY OBTAINED, AND WHO
 POSSESSES, A PRESCRIBED OPIOID FOR HIS OR HER OWN USE OR FOR THE USE  OF
 A MEMBER OF HIS OR HER HOUSEHOLD.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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