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Senate Bill S5738

2023-2024 Legislative Session

Requires a personal use pharmaceutical disposal system be provided at the time of dispensing a controlled substance prescription

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Health Committee

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2023-S5738 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §3309-c, Pub Health L

2023-S5738 (ACTIVE) - Summary

Requires a personal use pharmaceutical disposal system be provided to the ultimate user at the time of dispensing a prescribed controlled substance; requires county health departments to provide such disposal systems at no cost to pharmacies.

2023-S5738 (ACTIVE) - Sponsor Memo

2023-S5738 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5738
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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  requiring  a
   personal use pharmaceutical disposal system be provided at the time of
   dispensing a controlled substance 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-c to read as follows:
   §  3309-C.  CONTROLLED  SUBSTANCE PERSONAL USE PHARMACEUTICAL DISPOSAL
 SYSTEMS. 1. NO PERSON IN THE STATE SHALL DISPENSE A CONTROLLED SUBSTANCE
 PRESCRIPTION  TO  THE  ULTIMATE  USER  OF  SUCH  PRESCRIBED   CONTROLLED
 SUBSTANCE UNLESS SUCH PERSON ADDITIONALLY PROVIDES TO SUCH ULTIMATE USER
 A  PERSONAL  USE PHARMACEUTICAL DISPOSAL SYSTEM AT NO COST TO SUCH ULTI-
 MATE 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 CONTROLLED SUBSTANCE DISTRIBUTED IN SUCH COUNTY AT
 NO COST TO SUCH COUNTY HEALTH DEPARTMENT,  OR  ACQUIRED  BY  THE  COUNTY
 HEALTH DEPARTMENT THROUGH THE USE OF FUNDS MADE AVAILABLE FROM THE STATE
 AS APPROPRIATED THEREFOR.
   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  CONTROLLED  SUBSTANCE  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09977-01-3
 S. 5738                             2

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