NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7401A REVISED MEMO 11/20/2017
SPONSOR: Kim (MS) TITLE OF BILL: An act to amend the public authorities law, in
relation to prohibiting the advertisement of prescription drugs by the
Metropolitan Transportation Authority
PURPOSE OR GENERAL IDEA OF BILL:
This bill prohibits the Metropolitan Transportation Authority (MTA) from
advertising the use of all prescription drugs.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill amends the Public Authorities Law by adding a
new section 1266-k to require the authority to prohibit all advertise-
ments that promote the use of prescription drugs from appearing on any
of its facilities, equipment, railroad facilities, marine and aviation
facilities, omnibus facilities, real property, transportation facilities
or transit facilities.
Section two of the bill sets forth the effective date.
JUSTIFICATION:
In recent years, our nation has experienced a rapid rise in deaths from
opioid overdoses. Within five years, the number of deaths resulting from
unintentional drug overdose has increased by 66 percent. Prescription
Drug Medicine is the third largest expense in our health care system.
Just last year, the average American received twelve prescriptions a
year; in 1992," the average American received seven prescriptions a
year. Within a decade and a half, the use of prescription medication
increased by 71 percent. This dangerous trend of over reliance on
prescription drugs puts patients at serious risk of addiction, overdose
and death.
However, pharmaceutical drug companies have continued to use a marketing
strategy known as Direct-To-Consumer (DTC) advertising to promote
synthetic opioid and pain management prescription drugs.This type of
advertising allows pharmaceutical companies to continue encouraging
consumers to seek prescriptions, even in the face of our current opioid
epidemic and prescription drug addiction crisis. The U.S. and New
Zealand are the only developed countries that allow DTCPA. This legis-
lation would ban the advertisement of prescription drugs from appearing
on MTA services, in order to reverse the trend of depending on
prescription drugs and reduce the risk of both addiction and overdose.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it becomes law.
STATE OF NEW YORK
________________________________________________________________________
7401--A
2017-2018 Regular Sessions
IN ASSEMBLY
April 25, 2017
___________
Introduced by M. of A. KIM, COLTON, GALEF, FRIEND, McDONOUGH, ORTIZ,
WILLIAMS, GIGLIO, DICKENS, GJONAJ, HARRIS, D'URSO, JEAN-PIERRE, HEVESI
-- Multi-Sponsored by -- M. of A. SIMON, THIELE -- read once and
referred to the Committee on Corporations, Authorities and Commissions
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the public authorities law, in relation to prohibiting
the advertisement of prescription drugs by the Metropolitan Transpor-
tation Authority
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public authorities law is amended by adding a new
2 section 1266-k to read as follows:
3 § 1266-k. Prohibiting advertisements promoting prescription drugs. The
4 authority shall prohibit all advertisements that promote the use of
5 prescription drugs, as defined in subdivision nine of section two
6 hundred seventy of the public health law, from appearing on any of its
7 facilities, equipment, railroad facilities, marine and aviation facili-
8 ties, omnibus facilities, real property, transportation facilities or
9 transit facilities. This section shall apply to any leases or contracts
10 for advertisement entered into, renewed, modified or amended on or after
11 this section shall have become a law.
12 § 2. This act shall take effect on the thirtieth day after it shall
13 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10855-06-7
