Authorizes pharmacies to take back controlled substances and exempts those participating in such program from possession of controlled substances violations in the penal law.

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A9756-2011 Actions

• Apr 2, 2012: referred to health

A9756-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    9756

                            I N  ASSEMBLY

                                April 2, 2012
                                 ___________

  Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
    tee on Health

  AN ACT to amend the public health law and the penal law, in relation  to
    authorizing pharmacies to take back controlled substances

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Section 206 of the public health law is amended by adding a
  new subdivision 29 to read as follows:

    29.(A) IN CONSULTATION WITH THE STATE BOARD OF PHARMACY,  THE  COMMIS-
  SIONER  SHALL  ADOPT  RULES  AND  REGULATIONS  ESTABLISHING A CONTROLLED
  SUBSTANCE TAKE BACK PROGRAM AUTHORIZING CERTAIN PHARMACIES TO TAKE  BACK
  CONTROLLED SUBSTANCES.
    (B) SUCH RULES AND REGULATIONS SHALL ESTABLISH ALL OF THE FOLLOWING:

    (1)   ELIGIBILITY   CRITERIA  FOR  PHARMACIES  TO  RECEIVE  CONTROLLED
  SUBSTANCES UNDER THE PROGRAM;
    (2) STANDARDS AND PROCEDURES FOR ACCEPTING, SAFELY STORING AND DISPOS-
  ING OF SUCH CONTROLLED SUBSTANCES;
    (3) REPORTING REQUIREMENTS FOR SUCH PHARMACIES; AND
    (4) ANY OTHER STANDARDS AND PROCEDURES THE BOARD  CONSIDERS  APPROPRI-
  ATE.
    (C)  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,  THE  TERM "CONTROLLED
  SUBSTANCE" SHALL MEAN ANY SUBSTANCE  OR  SUBSTANCES  LISTED  IN  SECTION
  THIRTY-THREE HUNDRED SIX OF THIS CHAPTER.
    S  2.  The penal law is amended by adding a new section 220.01 to read
  as follows:

  S 220.01 CONTROLLED SUBSTANCE TAKE BACK PROGRAM EXEMPTIONS.
    1. IT SHALL NOT BE A VIOLATION OF ANY PROVISION OF THIS ARTICLE WHEN A
  PERSON'S UNLAWFUL POSSESSION OF A CONTROLLED SUBSTANCE IS DISCOVERED  AS
  A  RESULT  OF  SUCH  PERSON'S  LAWFUL  PARTICIPATION  IN  THE CONTROLLED
  SUBSTANCE TAKE BACK PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION  TWENTY-
  NINE  OF  SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW REGARDLESS OF
  WHETHER SUCH PERSON IS  ACCEPTING  OR  IS  TURNING  IN  SUCH  CONTROLLED
  SUBSTANCE.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD14647-01-2

 A. 9756                             2

    2.  FOR THE PURPOSES OF THIS SECTION, THE TERM "TURNING IN" SHALL MEAN
  ENTERING A PHARMACY FOR THE PURPOSE OF DEPOSITING A CONTROLLED SUBSTANCE
  WITH THE PHARMACIST PURSUANT  TO  THE  CONTROLLED  SUBSTANCE  TAKE  BACK
  PROGRAM  ESTABLISHED  PURSUANT TO SUBDIVISION TWENTY-NINE OF SECTION TWO
  HUNDRED SIX OF THE PUBLIC HEALTH LAW.
    S 3. This act shall take effect on the first of November next succeed-
  ing the date upon which it shall have become a law. Effective immediate-
  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
  necessary for the implementation of this act on its  effective  date  is
  authorized to be made on or before such date.