Bill Text: NY A06062 | 2015-2016 | General Assembly | Introduced

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Bill Title: Directs the department of health to oversee a program for the safe disposal of unused controlled substances in accordance with federal law and regulations.

Spectrum: Bipartisan Bill

Status: (Passed) 2015-10-26 - signed chap.379 [A06062 Detail]

Download: New_York-2015-A06062-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6062
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 11, 2015
                                      ___________
       Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
         tee on Health
       AN ACT to amend the public health law, in relation to the safe  disposal
         of unused controlled substances
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 3343-b of the public  health  law,  as  amended  by
    2  chapter 343 of the laws of 2013, is amended to read as follows:
    3    S  3343-b.  Safe  disposal  of  unused  controlled  substances. 1. The
    4  department shall [establish] OVERSEE a program for the safe disposal  of
    5  unused  controlled  substances  by  consumers in accordance with federal
    6  law. [The program shall permit individual]  INDIVIDUAL  members  of  the
    7  public   SHALL   BE   AUTHORIZED  to  voluntarily  surrender  controlled
    8  substances listed on schedule II, III, IV or V of  section  thirty-three
    9  hundred  six  of  this  article  in a secure manner, without identifying
   10  themselves [, and]. SAFE DISPOSAL METHODS shall be publicized consistent
   11  with the prescription  pain  medication  awareness  program  established
   12  pursuant to section thirty-three hundred nine-a of this article.
   13    2.  The  surrender  of a controlled substance pursuant to [the program
   14  established  pursuant  to]  this  section  shall  not   constitute   the
   15  possession,  transfer  or sale of such controlled substance for purposes
   16  of this article or the penal law.
   17    3. [In developing such program,  the  department  shall  consider  the
   18  following: appropriate sites for disposal throughout the state; the role
   19  of  law  enforcement  and  federal  authorities, as appropriate; and the
   20  manner in which potential costs to localities or to the  state  will  be
   21  addressed.] Disposal sites shall be operated by law enforcement agencies
   22  [and],  pharmacies  AND  OTHER  FEDERAL  DRUG ENFORCEMENT ADMINISTRATION
   23  AUTHORIZED COLLECTORS on a voluntary basis [in  collaboration  with  the
   24  department].  Nothing in this section shall require any political subdi-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09189-02-5
       A. 6062                             2
    1  vision of the state to participate in the program  established  in  this
    2  section.
    3    [4.  A  licensed  pharmacy  designated  by  the  commissioner may be a
    4  disposal site under this section for the functions of accepting  surren-
    5  der  of  controlled  substances  from consumers, temporarily storing the
    6  controlled substances, and transferring the controlled substances to  an
    7  authorized disposal site.
    8    5. The commissioner shall make regulations under this section, includ-
    9  ing  (in  consultation  with  the commissioner of education) regulations
   10  relating to pharmacies in the program.]
   11    S 2. This act shall take effect immediately,  and  the  provisions  of
   12  section  3343-b  of  the public health law, as amended by section one of
   13  this act, shall be effective and implemented on and after such effective
   14  date notwithstanding the failure to promulgate any  rule  or  regulation
   15  providing for the implementation thereof.