What's happening
This bill requires chain pharmacies and nonresident pharmacies to provide drug disposal options for controlled substances, limiting mail-back costs to $2 and preempting local regulations.
Why it matters
Expands responsibility from voluntary to mandatory for chain pharmacies. Large pharmacy chains (with 10+ locations under the same name, ownership, or franchise) must now provide safe disposal options for controlled substances, shifting from a voluntary to a required participation for these businesses.
Increases convenience and affordability for consumers. Chain pharmacies must offer free disposal, except for mail-back envelopes, which can cost no more than $2. Nonresident (out-of-state) pharmacies delivering to NY residents must also offer mail-back options at the same capped price, making proper disposal more accessible and affordable.
Standardizes information and preempts local regulation. All chain pharmacies must post clear, visible notices about available drug disposal methods, ensuring customers are informed. The bill also gives the state exclusive authority over drug disposal rules, overriding any existing or future local laws or ordinances, creating uniform standards statewide.
Aims to reduce drug misuse and environmental harm. By expanding and standardizing disposal options, the bill is designed to decrease the risk of unused medications being diverted for misuse or improperly discarded, which can contribute to substance abuse and environmental contamination.
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Who cares
Headline styles
Require Pharmacies Collect Unused Drugs
Plain English, a few words. Used as the page title.
Sponsors
History
- Vetoed memo.247
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.86
- Substituted for A387B
- Referred to health
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.2189
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Drug Disposal at Pharmacies
Assembly Floor Calendar · Sponsor Aileen Gunther
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Assembly, do enact as follows:
Section 1. Subdivision 3 of section 3343-b of the public health law, as amended by chapter 379 of the laws of 2015, is amended and five new subdivisions 4, 5, 6, 7 and 8 are added to read as follows:
3. Disposal sites shall be operated by law enforcement agencies, pharmacies that do not meet the definition of "chain pharmacy" as defined in subdivision four of this section, and other Federal Drug Enforcement Administration authorized collectors on a voluntary basis. Nothing in this section shall require any political subdivision of the state to participate in the program established in this section.
4. It is the policy of the state to expand drug disposal options to keep unused medications from being misused. In accordance with this policy, chain pharmacies dispensing such medications shall also collect such medications in accordance with this section. For the purposes of this section, "chain pharmacy" shall mean any pharmacy that is part of a group of ten or more establishments that: (a) conduct business under the same business name, or (b) operate under common ownership or management or pursuant to a franchise agreement with the same franchisor. The commissioner shall require any chain pharmacy operating in the state to provide drug disposal options to its customers, seeking federal Drug Enforcement Administration approval as needed, for purposes of collecting controlled substances through use of a collection receptacle, mailback program or other Drug Enforcement Administration approved mechanism, provided such is offered free of charge to all customers, except 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
5. Nonresident pharmacies registered pursuant to section sixty-eight hundred eight-b of the education law, that fill prescriptions for controlled substances to be delivered to residents of the state, shall offer all New York state residents the option to mail-back controlled substances at a cost of no more than two dollars to the consumer in accordance with this section, and federal law and regulations.
6. Chain pharmacies and nonresident pharmacies shall not charge a consumer more than two dollars per mail-back envelope.
7. In every chain pharmacy there shall be posted a notice specifying drug disposal methods made available by such pharmacy in accordance with this section. Such notice shall be in a visually conspicuous place for customers.
8. Jurisdiction of all matters pertaining to drug disposal of controlled substances is by this section vested exclusively in the state. Any provision of any local law or ordinance, or any rule or regulation promulgated prior to, or upon the effective date of this subdivision, shall be preempted.
§ 2. This act shall take effect six months after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to disposal sites operated by pharmacies
Purpose
To provide for chain pharmacies to take back prescription medication.
Summary of provisions
Section 1 adds new subdivisions to subdivision 3 of section 3343-b of the public health law to provide that chain pharmacies and nonresident pharmacies shall have take back methods and if mail back is used shall not charge a consumer more than two dollars per mail-back envelop.
Section 2 is the effective date.
Justification
Chapter 79 of the Laws of 2015 allowed pharmacies and other Drug Enforcement Administration authorized collectors to collect unused controlled substances in New York. While this was an important first step in making it easier for people to take back their unused medications, not all pharmacies are voluntarily participating.
According to the National Institute on Drug Abuse, the number one reason teens use prescription drugs is that they are easy to get from their parents' medicine cabinets.
New York State already requires certain businesses that sell items such as tires and plastic bottles to accept the return of those items by a customer. Requiring chain and mail order pharmacies to take back unused medications would give the state another tool in the fight against prescription drug abuse.
Legislative history
Similar to S.7407 of 2016
Fiscal implications
None to the State.
Effective date
This act shall take effect six months after it becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.