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S3687Senate2015-2016 SessionSame asA6062

Directs the department of health to oversee a program for the safe disposal of unused controlled substances in accordance with federal law and regulations

Sponsor Kemp HannonSD-6+3 co-sponsorsAffects Health
Status
Senate Floor Calendar
Impact
Pending
Outcome
Companion signed

Bill progress

Signed via A6062

What's happening

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Who cares

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Sponsors

Primary sponsor
Kemp Hannon

Senator · Senate District 6

Chair, Health

History

  1. Substituted by A6062
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.164
  5. Referred to health

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S3687

Title of bill

An act to amend the public health law, in relation to the safe disposal of unused controlled substances

Purpose

Ensures retail pharmacies and other Drug Enforcement Administration authorized collectors can collect unused controlled substances in New York.

Summary of provisions

Section one amends Public Health Law § 3343-b to provide that pharmacies and other Federal Drug Enforcement Administration authorized collectors can collect, on a voluntary basis, in New York. The Department of Health shall oversee this program for safe disposal of unused controlled substances in accordance with federal law.

Section two provides that this act shall take effect immediately notwithstanding the failure to promulgate any rule or regulation providing for the implementation thereof.

Justification

According to the National Survey on Drug Use and Health, 70% of controlled substance prescription abusers get their drugs from a family member or friend. Yet there are limited methods for individuals to dispose of their unused medications. Currently in New York, medication drop boxes are only available at law enforcement agencies, and not all counties have law enforcement that participate in this program. Often to meet the need of communities, local groups working together with law enforcement officers, who must be present at the event, host shed-the-med events that yield an astounding about of unused medication that would otherwise be on the streets.

In the continuing fight against opioid abuse, New York enacted Chapter 343 of 2013 as an effort to increase avenues of drug disposal. Chapter 343 was enacted in anticipation of federal changes allowing for DEA registrants such as manufacturers, distributors, retail pharmacies and hospitals/clinics with on-site pharmacies to become authorized collectors, in addition to law enforcement agencies. The Drug Enforcement Administration (DEA) released there finalized regulations on September 8, 2014. Chapter 343 required the Commissioner to establish regulations relating to pharmacies within the state drug disposal program, and enabled any pharmacy designated by the Commissioner to accept controlled substances. Today, many pharmacies stand ready and willing to become disposals sites, unused medications remain on the streets, and the Commissioner has yet to propose any draft regulations under this 2013 statute.

This legislation will amend the drug disposal program to allow pharmacies, and other DEA authorized collectors, to begin functioning as collection sites immediately provided they are authorized by the DEA and in compliance with federal laws and regulations. The Department of Health remains responsible for the program and ensuring that collectors are in compliance with all federal and state laws.

The need to address excess drugs on that street is long overdue, and while it must be done cautiously, it must also be addressed expeditiously. Compliance with federal regulations should be sufficient in this circumstance and citizens should not be forced to sit idly and await state regulations while unused medications remain on the street and abuse continues to grow.

Legislative history

New bill.

Fiscal implications

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.