Bill Text: NY A00389 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Enacts the "tobacco-free pharmacies act"; provides that no pharmacy shall sell or cause to be sold tobacco products; imposes civil penalties.

Spectrum: Moderate Partisan Bill (Democrat 23-3)

Status: (Introduced - Dead) 2020-08-28 - enacting clause stricken [A00389 Detail]

Download: New_York-2019-A00389-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
            S. 592                                                    A. 389
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        IN  SENATE  --  Introduced  by  Sen.  CARLUCCI -- read twice and ordered
          printed, and when printed to be committed to the Committee on Health
        IN ASSEMBLY -- Introduced by M. of A. GALEF,  ORTIZ,  JAFFEE,  DINOWITZ,
          SIMON, BUCHWALD, D'URSO, GLICK, RIVERA, L. ROSENTHAL, BLAKE, MONTESANO
          -- read once and referred to the Committee on Health
        AN  ACT  to  amend  the  public  health law, in relation to enacting the
          "tobacco-free pharmacies act"
          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 "Tobacco-Free Pharmacies Act".
     3    § 2. The public  health  law  is  amended  by  adding  a  new  section
     4  1399-dd-1 to read as follows:
     5    §  1399-dd-1.  Sale  of  tobacco products in pharmacies. 1. As used in
     6  this section "pharmacy" means any place registered as such  by  the  New
     7  York  state  board  of  pharmacy  and registered with the federal agency
     8  pursuant to the federal controlled substances act as well as  any  place
     9  in  which  drugs and medical components are possessed for the purpose of
    10  preparing, compounding, preserving or dispensing of drugs, medicines and
    11  therapeutic devices on  the  basis  of  prescriptions.    This  includes
    12  retailers  that operate or maintain a pharmacy within their premises but
    13  shall not include other retailers co-located in a mall or other  similar
    14  facility where such pharmacy is located.
    15    2. No pharmacy shall sell or cause to be sold tobacco products.
    16    3.  The  commissioner  shall  have  sole  jurisdiction  to enforce the
    17  provisions of this section.
    18    4. If a violation is suspected by the commissioner,  notice  shall  be
    19  given  and  a  hearing  shall  occur  to  determine  if  a violation has
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00256-01-9
        S. 592                              2                             A. 389
     1  occurred. The hearing shall be conducted pursuant to the  provisions  of
     2  section twelve-a of this chapter.
     3    5.  If the commissioner determines after a hearing that a violation of
     4  this section has occurred, a civil penalty may be imposed by the commis-
     5  sioner in an amount not to exceed two thousand dollars per violation. No
     6  other penalty, fine or sanction may be imposed, provided that nothing in
     7  this section shall  be  construed  to  prohibit  the  commissioner  from
     8  commencing  a proceeding for injunctive relief to compel compliance with
     9  this section.
    10    § 3. This act shall take effect one year after it shall have become  a
    11  law. Effective immediately, the addition, amendment and/or repeal of any
    12  rule  or  regulation necessary for the implementation of this act on its
    13  effective date are authorized to be made and completed on or before such
    14  effective date.