STATE OF NEW YORK ________________________________________________________________________ 6750 2017-2018 Regular Sessions IN SENATE June 16, 2017 ___________ Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public health law, in relation to disposal sites operated by pharmacies The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 3343-b of the public health law, 2 as amended by chapter 379 of the laws of 2015, is amended and five new 3 subdivisions 4, 5, 6, 7 and 8 are added to read as follows: 4 3. Disposal sites shall be operated by law enforcement agencies, phar- 5 macies that do not meet the definition of "chain pharmacy" as defined in 6 subdivision four of this section, and other Federal Drug Enforcement 7 Administration authorized collectors on a voluntary basis. Nothing in 8 this section shall require any political subdivision of the state to 9 participate in the program established in this section. 10 4. It is the policy of the state to expand drug disposal options to 11 keep unused medications from being misused. In accordance with this 12 policy, chain pharmacies dispensing such medications shall also collect 13 such medications in accordance with this section. For the purposes of 14 this section, "chain pharmacy" shall mean any pharmacy that is part of a 15 group of ten or more establishments that: (a) conduct business under the 16 same business name, or (b) operate under common ownership or management 17 or pursuant to a franchise agreement with the same franchisor. The 18 commissioner shall require any chain pharmacy operating in the state to 19 provide drug disposal options to its customers, seeking federal Drug 20 Enforcement Administration approval as needed, for purposes of collect- 21 ing controlled substances through use of a collection receptacle, mail- 22 back program or other Drug Enforcement Administration approved mech- 23 anism, provided such is offered free of charge to all customers, except 24 as provided in subdivision six of this section. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03748-08-7

S. 6750 2 1 5. Nonresident pharmacies registered pursuant to section sixty-eight 2 hundred eight-b of the education law, that fill prescriptions for 3 controlled substances to be delivered to residents of the state, shall 4 offer all New York state residents the option to mail-back controlled 5 substances at a cost of no more than two dollars to the consumer in 6 accordance with this section, and federal law and regulations. 7 6. Chain pharmacies and nonresident pharmacies shall not charge a 8 consumer more than two dollars per mail-back envelope. 9 7. In every chain pharmacy there shall be posted a notice specifying 10 drug disposal methods made available by such pharmacy in accordance with 11 this section. Such notice shall be in a visually conspicuous place for 12 customers. 13 8. Jurisdiction of all matters pertaining to drug disposal of 14 controlled substances is by this section vested exclusively in the 15 state. Any provision of any local law or ordinance, or any rule or regu- 16 lation promulgated prior to, or upon the effective date of this subdivi- 17 sion, shall be preempted. 18 § 2. This act shall take effect six months after it shall have become 19 a law.

Relates to disposal sites operated by pharmacies

What's Happening

Why It Matters