What's happening
This bill allows residential health care facilities to return and redistribute unused medications under strict safety conditions and establishes related procedures and protections.
Why it matters
Reduces Medication Waste. By allowing safe return and redistribution of unused drugs, the bill aims to cut down on unnecessary disposal, potentially saving money and reducing environmental impact.
Strengthens Patient and Facility Protections. The bill includes strict packaging and safety requirements (e.g., FDA-approved tamper-evident and single-dose packaging) and excludes controlled substances, ensuring only safe, unadulterated medications are eligible.
Establishes Clear Financial and Legal Guidelines. Pharmacies must reimburse or credit purchasers for returned drugs, but are not forced to accept returns. The law also limits the liability of drug manufacturers, encouraging participation without fear of legal repercussions.
Focuses on Patient Privacy and Oversight. Procedures must comply with HIPAA to protect patient information, and an advisory committee of long-term care pharmacists will help set fair reimbursement fees, ensuring input from professionals directly affected by the changes.
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Who cares
Headline styles
Allow Medication Redistribution
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to health
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6137
2017-2018 Regular Sessions
IN ASSEMBLY
February 23, 2017
Introduced by M. of A. ENGLEBRIGHT, LUPARDO -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to return and redistribution of unused medication
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2803-e of the public health law, as added by chapter 902 of the laws of 1977 and renumbered by chapter 340 of the laws of 1980, is amended to read as follows:
§ 2803-e. Residential health care facilities; return and redistribution of unused medication. 1. Notwithstanding any inconsistent provision of law, rule or regulation to the contrary, the commissioner is hereby authorized and directed to permit either a resident or consultant pharmacist or his or her designee in a residential health care facility to return to the pharmacy from which it was purchased any unused medication provided that such medication is sealed in the manufacturer's original unopened[,] tamper evident packaging and either individually packaged [units] or packaged in unit-dose packaging and within the recommended period of shelf life, and, if oral or parenteral medications, sealed in single-dose containers approved by the federal Food and Drug Administration, and, if a topical or inhalant drug, is sealed in units-of-use containers approved by the federal Food and Drug Administration and provided that such medication is not a controlled substance as defined in section thirty-three hundred six of [the public health law] this chapter.
2. The pharmacy to which such medication as described in subdivision one of this section is returned shall be permitted to receive, restock and redistribute that medication. The commissioner, in consultation with the advisory committee established by subdivision six of this section, shall establish a reasonable fee of reimbursement of costs
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03692-01-7
A. 6137 2
related to the receipt, restocking and redistribution of such medication payable to the pharmacy to which such medication is returned.
3. The pharmacy to which such medication as described in subdivision one of this section is returned shall be required to reimburse or credit the purchaser of that medication for the unused medication that is restocked and redistributed. No pharmacy shall be required to accept any medication returned under subdivision one of this section.
4. Neither an individual patient or the state, if a patient is a recipient of a state funded program, shall be charged for unused medication which according to the provisions of this law is returned for reimbursement or credit.
5. The commissioner shall establish procedures to assure that any return of medications authorized by this section, and any receipt, restocking or redistribution of medication so returned shall comply with the federal Health Insurance Portability and Accountability Act (HIPAA) of 1996, as amended.
6. The department shall convene an advisory committee to assist the commissioner in developing a reasonable fee of reimbursement pursuant to the provisions of subdivision two of this section. The advisory committee shall be comprised of licensed pharmacists currently engaged in the provision of long term care pharmacy services. Members of the committee shall be appointed by the governor: two members of the committee shall be appointed on the recommendation of the temporary president of the senate and the speaker of the assembly; and two members shall be appointed on the recommendation of the minority leader of the assembly and the minority leader of the senate.
7. A prescription drug manufacturer shall not, in the absence of bad faith, be subject to criminal or civil liability for injury, death, or loss to person or property for matters related to the return, donation, acceptance, redistribution or dispensing of a prescription drug manufactured by the prescription drug manufacturer that is donated by any person under the program, including but not limited to liability for failure to transfer or communicate product or consumer information or the expiration date of the donated prescription drug.
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, however, that the commissioner of health shall promulgate rules and regulations prior to such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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