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S06750 Summary:

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S06750 Text:

 
                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 Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 3 of section 3343-b of the public  health  law,
     2  as  amended  by chapter 379 of the laws of 2015, is amended and five new
     3  subdivisions 4, 5, 6, 7 and 8 are added to read as follows:
     4    3. Disposal sites shall be operated by law enforcement agencies, phar-
     5  macies that do not meet the definition of "chain pharmacy" as defined in
     6  subdivision four of this section, and  other  Federal  Drug  Enforcement
     7  Administration  authorized  collectors  on a voluntary basis. Nothing in
     8  this section shall require any political subdivision  of  the  state  to
     9  participate in the program established in this section.
    10    4.  It  is  the policy of the state to expand drug disposal options to
    11  keep unused medications from being  misused.  In  accordance  with  this
    12  policy,  chain pharmacies dispensing such medications shall also collect
    13  such medications in accordance with this section. For  the  purposes  of
    14  this section, "chain pharmacy" shall mean any pharmacy that is part of a
    15  group of ten or more establishments that: (a) conduct business under the
    16  same  business name, or (b) operate under common ownership or management
    17  or pursuant to a franchise  agreement  with  the  same  franchisor.  The
    18  commissioner  shall require any chain pharmacy operating in the state to
    19  provide drug disposal options to its  customers,  seeking  federal  Drug
    20  Enforcement  Administration approval as needed, for purposes of collect-
    21  ing controlled substances through use of a collection receptacle,  mail-
    22  back  program  or  other  Drug Enforcement Administration approved mech-
    23  anism, provided such is offered free of charge to all customers,  except
    24  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
 
     1    5.  Nonresident  pharmacies registered pursuant to section sixty-eight
     2  hundred eight-b of  the  education  law,  that  fill  prescriptions  for
     3  controlled  substances  to be delivered to residents of the state, shall
     4  offer all New York state residents the option  to  mail-back  controlled
     5  substances  at  a  cost  of  no more than two dollars to the consumer in
     6  accordance with this section, and federal law and regulations.
     7    6. Chain pharmacies and nonresident  pharmacies  shall  not  charge  a
     8  consumer more than two dollars per mail-back envelope.
     9    7.  In  every chain pharmacy there shall be posted a notice specifying
    10  drug disposal methods made available by such pharmacy in accordance with
    11  this section. Such notice shall be in a visually conspicuous  place  for
    12  customers.
    13    8.  Jurisdiction  of  all  matters  pertaining  to  drug  disposal  of
    14  controlled substances is by  this  section  vested  exclusively  in  the
    15  state. Any provision of any local law or ordinance, or any rule or regu-
    16  lation promulgated prior to, or upon the effective date of this subdivi-
    17  sion, shall be preempted.
    18    §  2. This act shall take effect six months after it shall have become
    19  a law.