What's happening
This bill requires chain pharmacies and nonresident pharmacies serving New York to provide free drug disposal options for controlled substances, preempting local regulations.
Why it matters
Mandates free drug disposal for controlled substances at all chain pharmacies in New York, significantly increasing public access to safe disposal and aiming to reduce misuse and environmental harm from leftover medications.
Requires out-of-state pharmacies (nonresident pharmacies) that ship controlled substances to New York residents to offer free mail-back options for drug disposal, ensuring protections extend to mail-order customers and not just those using local pharmacies.
Centralizes authority over drug disposal regulations at the state level, overriding any existing or future local laws or rules, which could create a more consistent statewide policy but may limit local innovation or stricter local controls.
Defines “chain pharmacy” broadly to include any group of ten or more pharmacies with shared branding, ownership, or franchise agreements, ensuring the law applies to most large pharmacy operators and not just a select few chains.
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Who cares
Headline styles
Pharmacies Must Offer Drug Disposal
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Referred to rules
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6775
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 three new subdivisions 4, 5 and 6 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 to its customers, seeking federal Drug Enforcement Administration approval, as needed, for purposes of collecting controlled substances through use of a collection receptacle, take back events, mail-back program or other Drug Enforcement Administration approved mechanism, provided such is offered free of charge to all customers, with the exception of mail-back or other approved drug disposal envelope or product provided at no profit to the pharmacy. In
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13238-02-7
S. 6775 2
the event a pharmacy collects controlled substances through take back events, the pharmacy shall make mail-back envelopes available at no profit to the pharmacy.
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 free of charge to the consumer in accordance with this section, and federal law and regulations.
6. 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 4, 5 and 6 to subdivision 3 of section 3343-b of the public health law to provide that chain pharmacies shall have a system of taking back prescription medication including collection receptacles, a mail-back program at no profit to pharmacies, or other DEA method at no charge.
Section 2 provides an 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.