NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1101B
SPONSOR: Gunther TITLE OF BILL: An act to amend the public health law, in relation to
authorizing pharmacies to take back controlled substances
PURPOSE:
Provides additional avenues of controlled substance disposal and encour-
ages disposal of unused medications by authorizing pharmacies to estab-
lish controlled substances take-back programs.
SUMMARY OF PROVISIONS:
Section one amends Public Health Law § 3343-b to authorize the Commis-
sioner of Health to designate pharmacies as disposal sites for unused
controlled substances on a voluntary basis.
Section two provides the effective date.
JUSTIFICATION:
Under current federal rules, controlled substances can only be surren-
dered to law enforcement agencies. Implementing the Secure and Responsi-
ble Drug Disposal Act of 2010, the DEA published proposed regulations
for disposing of controlled substance prescription drugs in December of
2012. The proposed regulations seek to expand options for drug disposal
through take-back events, mail-back programs and collection box
locations. Among other things, these provisions would allow retail phar-
macies to administer mail-back programs and maintain collection boxes.
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. This highlights the need for New York to be proactive
in getting unused, excess medications out of medicine cabinets and into
the proper hands for disposal. This bill ensures that upon adoption of
federal regulations permitting such, the Department of Health shall
permit pharmacy take-back programs. By making avenues of disposal more
readily available, this bill will result in less drugs being available
for misuse.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:,:
This act shall take effect one year after it shall have become a law.
