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A08339 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8339--A
                                                                Cal. No. 391
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    October 20, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  GONZALEZ-ROJAS, SIMON, GRIFFIN, ENGLEBRIGHT,
          SEAWRIGHT, DICKENS, GOTTFRIED, ABINANTI, KELLES,  JACOBSON,  McDONALD,
          DINOWITZ,  ANDERSON, CAHILL, STIRPE, GALEF -- Multi-Sponsored by -- M.
          of A. COOK -- read once and referred to the  Committee  on  Health  --
          recommitted  to  the  Committee  on Health in accordance with Assembly
          Rule 3, sec. 2 -- advanced to a third reading, passed by Assembly  and
          delivered  to the Senate, recalled from the Senate, vote reconsidered,
          bill amended, ordered reprinted, retaining its place on the  order  of
          third reading
 
        AN  ACT to amend the tax law, in relation to requiring the department of
          health to publish certain reports on  department's  website  detailing
          sales of opioids sold in the state
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the  "registered  opioid  sales  for  transparency and epidemic recovery
     3  (ROSTER) act".
     4    § 2. Subdivision (g) of section 498  of  the  tax  law,  as  added  by
     5  section  1  of  part XX of chapter 59 of the laws of 2019, is amended to
     6  read as follows:
     7    (g) Each registrant shall provide a report to the department of health
     8  detailing all opioids sold by such registrant in the state of New  York.
     9  Such report shall include:
    10    (i)  the  registrant's  name,  address,  phone  number,  federal  Drug
    11  Enforcement  Agency  (DEA)  registration  number,  education  department
    12  registration  number,  and controlled substance license number issued by
    13  the department of health, if applicable;
    14    (ii) the name, address and DEA registration number of  the  entity  to
    15  whom the opioid was sold;
    16    (iii) the date of the sale of the opioid;
    17    (iv) the gross receipt total, in dollars, for each opioid sold;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13199-03-2

        A. 8339--A                          2
 
     1    (v) the name and National Drug Code of the opioid sold;
     2    (vi)  the number of containers and the strength and metric quantity of
     3  controlled substance in each container of the opioid sold;
     4    (vii) the total number of morphine milligram equivalents sold; and
     5    (viii) any other elements as deemed necessary by the  commissioner  of
     6  health.
     7    Such information shall be reported and published annually in such form
     8  as defined by the commissioner of health and shall not be subject to the
     9  provisions of section four hundred ninety-nine of this article, with the
    10  exception  of  paragraph  (ii)  of  this  subdivision.   The information
    11  collected in such report shall  be  made  available  to  the  public  in
    12  machine-readable  formats  and such report shall be made publicly avail-
    13  able on the department of health's website.
    14    § 3. Within ninety days of the effective date of this act, the depart-
    15  ment of health shall compile and publish  on  its  website  all  reports
    16  submitted  to  the department detailing all opioids sold by a registrant
    17  in the state of New York pursuant to subdivision (g) of section  498  of
    18  the  tax  law, including the initial report with transaction information
    19  from July 1, 2019 through December 31, 2019 and each annual report ther-
    20  eafter.
    21    § 4. This act shall take effect immediately.
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