S T A T E O F N E W Y O R K
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1681
2023-2024 Regular Sessions
I N S E N A T E
January 13, 2023
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Introduced by Sen. HINCHEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to the establishment
and operation of drug take back collection systems in certain pharma-
cies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 291 of the public health law is amended by adding a
new subdivision 5-a to read as follows:
5-A. IN THE EVENT THAT A DRUG TAKE BACK PROPOSAL DESIGNED TO COVER ONE
OR MORE REGIONS OF THE STATE IS NOT SUBMITTED AND APPROVED BY THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION BY MARCH THIRTY-FIRST, TWO
THOUSAND TWENTY-FOUR, OR IF NO SUBSEQUENT PROPOSAL IS RESUBMITTED AND
APPROVED, BY MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, THE SOLE
RESPONSIBILITY FOR ESTABLISHING, PAYING FOR, AND OPERATING A DRUG TAKE
BACK COLLECTION SYSTEM SHALL SHIFT TO THE OWNERS AND OPERATORS OF SUCH
PHARMACIES, AT NO CHARGE TO CUSTOMERS WITHIN SUCH CHAIN PHARMACY RETAIL
LOCATIONS. IF AND WHEN SUCH SHIFT OCCURS, SUCH CHAIN PHARMACY OWNERS AND
OPERATORS SHALL HAVE COLLECTION SYSTEMS INSTALLED FOR USE BY THE GENERAL
PUBLIC NO LATER THAN JUNE THIRTIETH, TWO THOUSAND TWENTY-FOUR. ALL
COLLECTION SYSTEMS INSTALLED AND OPERATED PURSUANT TO THIS SECTION SHALL
MEET ALL APPLICABLE FEDERAL AND STATE REGULATIONS PERTAINING TO THE
SECURE COLLECTION, DOCUMENTATION, SHIPPING AND SAFE DISPOSAL OF
CONTROLLED SUBSTANCES AND OTHER DRUGS AUTHORIZED FOR COLLECTION.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05367-01-3