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S05738 Summary:

BILL NO	S05738
SAME AS	No Same As
SPONSOR	HARCKHAM
COSPNSR
MLTSPNSR
Add §3309-c, Pub Health L
Requires a personal use pharmaceutical disposal system be provided to the ultimate user at the time of dispensing a prescribed controlled substance; requires county health departments to provide such disposal systems at no cost to pharmacies.

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S05738 Actions:

BILL NO	S05738
03/15/2023	REFERRED TO HEALTH
01/03/2024	REFERRED TO HEALTH

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S05738 Committee Votes:

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S05738 Floor Votes:

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S05738 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5738
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                     March 15, 2023
                                       ___________
 
        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
 
        AN ACT to amend the public  health  law,  in  relation  to  requiring  a
          personal use pharmaceutical disposal system be provided at the time of
          dispensing a controlled substance prescription

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The public health law is amended by adding  a  new  section
     2  3309-c to read as follows:
     3    §  3309-c.  Controlled  substance personal use pharmaceutical disposal
     4  systems. 1. No person in the state shall dispense a controlled substance
     5  prescription  to  the  ultimate  user  of  such  prescribed   controlled
     6  substance unless such person additionally provides to such ultimate user
     7  a  personal  use pharmaceutical disposal system at no cost to such ulti-
     8  mate user.
     9    2. Each county health department shall provide personal use pharmaceu-
    10  tical disposal systems to each pharmacy in such county  at  no  cost  to
    11  such  pharmacy  to be distributed pursuant to the provisions of subdivi-
    12  sion one of this section. Personal  use  pharmaceutical disposal systems
    13  shall either be  provided  to  each  county  health  department  by  the
    14  manufacturer  of each controlled substance distributed in such county at
    15  no cost to such county health department,  or  acquired  by  the  county
    16  health department through the use of funds made available from the state
    17  as appropriated therefor.
    18    3.  A county health department may establish administrative procedures
    19  to implement the provisions of this section.
    20    4. As used in this section:
    21    (a) "Personal use pharmaceutical disposal  system"  means  a  portable
    22  product  designed  for personal use by the ultimate user for the purpose
    23  of allowing the ultimate user of a prescribed  controlled  substance  to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09977-01-3
        S. 5738                             2
 
     1  deactivate  the  prescribed  controlled  substance  to a non-retrievable
     2  condition or state.
     3    (b)  "Ultimate user" means a person who has lawfully obtained, and who
     4  possesses, a prescribed controlled substance for such person's  own  use
     5  or for the use of a member of such person's household.
     6    § 2. This act shall take effect on the one hundred eightieth day after
     7  it shall have become a law.

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