|SAME AS||SAME AS S03687|
|COSPNSR||Lupardo, Hooper, Steck, Buchwald, Raia, Friend, Crouch, Montesano|
|MLTSPNSR||Duprey, Perry, Seawright|
|Amd S3343-b, Pub Health L|
|Directs the department of health to oversee a program for the safe disposal of unused controlled substances in accordance with federal law and regulations.|
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STATE OF NEW YORK ________________________________________________________________________ 6062 2015-2016 Regular Sessions IN ASSEMBLY March 11, 2015 ___________ Introduced by M. of A. GUNTHER -- read once and referred to the Commit- tee on Health AN ACT to amend the public health law, in relation to the safe disposal of unused controlled substances The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 3343-b of the public health law, as amended by 2 chapter 343 of the laws of 2013, is amended to read as follows: 3 § 3343-b. Safe disposal of unused controlled substances. 1. The 4 department shall [ establish] oversee a program for the safe disposal of 5 unused controlled substances by consumers in accordance with federal 6 law. [ The program shall permit individual] Individual members of the 7 public shall be authorized to voluntarily surrender controlled 8 substances listed on schedule II, III, IV or V of section thirty-three 9 hundred six of this article in a secure manner, without identifying 10 themselves [ , and]. Safe disposal methods shall be publicized consistent 11 with the prescription pain medication awareness program established 12 pursuant to section thirty-three hundred nine-a of this article. 13 2. The surrender of a controlled substance pursuant to [ the program14 established pursuant to] this section shall not constitute the 15 possession, transfer or sale of such controlled substance for purposes 16 of this article or the penal law. 17 3. [ In developing such program, the department shall consider the18 following: appropriate sites for disposal throughout the state; the role19 of law enforcement and federal authorities, as appropriate; and the20 manner in which potential costs to localities or to the state will be21 addressed.] Disposal sites shall be operated by law enforcement agencies 22 [ and], pharmacies and other Federal Drug Enforcement Administration 23 authorized collectors on a voluntary basis [ in collaboration with the24 department]. Nothing in this section shall require any political subdi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09189-02-5A. 6062 2 1 vision of the state to participate in the program established in this 2 section. 3 [ 4. A licensed pharmacy designated by the commissioner may be a4 disposal site under this section for the functions of accepting surren-5 der of controlled substances from consumers, temporarily storing the6 controlled substances, and transferring the controlled substances to an7 authorized disposal site.8 5. The commissioner shall make regulations under this section, includ-9 ing (in consultation with the commissioner of education) regulations10 relating to pharmacies in the program.] 11 § 2. This act shall take effect immediately, and the provisions of 12 section 3343-b of the public health law, as amended by section one of 13 this act, shall be effective and implemented on and after such effective 14 date notwithstanding the failure to promulgate any rule or regulation 15 providing for the implementation thereof.