Bill S3102-2011

Restricts retail sale of ipecac syrup to behind the pharmacy counter or under manager control

Directs the commissioner of health to require that access to retail sale of ipecac syrup shall not be unrestricted; requires placement behind the pharmacy or only accessible through the manager of a retail establishment.

Details

Actions

  • Jun 6, 2011: SUBSTITUTED BY A372
  • Jun 1, 2011: ADVANCED TO THIRD READING
  • May 25, 2011: 2ND REPORT CAL.
  • May 24, 2011: 1ST REPORT CAL.829
  • May 10, 2011: REPORTED AND COMMITTED TO HEALTH
  • Feb 8, 2011: REFERRED TO CONSUMER PROTECTION

Votes

VOTE: COMMITTEE VOTE: - Consumer Protection - May 10, 2011
Ayes (9): Zeldin, Ball, Fuschillo, Little, Marcellino, O'Mara, Hassell-Thompson, Huntley, Squadron
Ayes W/R (1): Adams
VOTE: COMMITTEE VOTE: - Health - May 24, 2011
Ayes (15): Hannon, Ball, Farley, Fuschillo, Golden, Larkin, McDonald, Seward, Young, Gianaris, Kruger, Montgomery, Rivera, Smith, Stewart-Cousins
Ayes W/R (2): Duane, Adams

Memo

BILL NUMBER:S3102

TITLE OF BILL: An act to amend the general business law, in relation to restricting access to ipecac syrup

PURPOSE: To restrict the access to retail sale of ipecac.

SUMMARY OF PROVISIONS: Section 1 amends the general business law by adding a new section 391-r which restricts the access to retail sale of ipecac.

JUSTIFICATION: Ipecac syrup has long been distributed for emergency use to induce vomiting in poisoning cases. Recent years have seen an increase in. ipecac abuse among sufferers of bulimia, anorexia and binge eating disorder. While ipecac is often effective in inducing emesis and decreasing the absorption of poisonous toxins, its side effects and abuse potential offer cause for concern.

Repeated use and abuse of ipecac syrup has been linked to skin conditions, cardiac and skeletal muscle weakness, and electrolyte imbalance, with sometimes fatal results. An emerging consensus among many professional medical groups is that syrup of ipecac should no longer be used routinely as a poison treatment in the home. U.S.A. poison centers have also markedly reduced their use of ipecac syrup over the previous decade and, on June 12, 2003, the Food and Drug Administration's Nonprescription Drugs Advisory Committee recommended by a vote of six to four that the FDA rescind ipecac's over-the-counter status.

This legislation seeks to regulate the availability of, and access to, this noxious powerful emetic.

LEGISLATIVE HISTORY: 05/06/09 passed Assembly 02/01/10 passed Assembly 01/07/09 referred to health 01/22/09 reported referred to codes 04/21/09 reported 04/23/09 advanced to third reading cal.349 05/06/09 passed assembly 05/06/09 delivered to senate 05/06/09 REFERRED TO HEALTH 01/06/10 DIED IN SENATE 01/06/10 RETURNED TO ASSEMBLY 01/06/10 ordered to third reading cal.42 02/01/10 passed assembly 02/01/10 delivered to senate 02/01/10 REFERRED TO HIGHER EDUCATION 03/08/10 recalled from senate 03/08/10 RETURNED TO ASSEMBLY 03/08/10 vote reconsidered - restored to third reading 03/08/10 amended on third reading (t) 544a

03/22/10 amended on third reading 544b 05/11/10 repassed assembly 05/11/10 returned to senate

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect immediately; provided, however, that the rules and regulations necessary to implement section one of this act shall be promulgated and take effect on or before the one hundred eightieth day after this act shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 3102 2011-2012 Regular Sessions IN SENATE February 8, 2011 ___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to restricting access to ipecac syrup THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 391-r to read as follows: S 391-R. RESTRICTED ACCESS TO RETAIL SALE OF IPECAC. 1. ANY RETAIL ESTABLISHMENT THAT SELLS ANY PRODUCT OR PRODUCTS CONTAINING AS THE ONLY ACTIVE INGREDIENT IPECAC, SHALL LIMIT ACCESS TO SUCH PRODUCTS IN A MANNER DESIGNED TO PREVENT THE MISUSE OR ABUSE OF SUCH PRODUCTS. SUCH LIMITATIONS SHALL INCLUDE REMOVING SUCH PRODUCTS FROM SHELVES AND OTHER LOCATIONS THAT ARE DIRECTLY ACCESSIBLE BY CUSTOMERS, AND PLACING SUCH PRODUCTS BEHIND A PHARMACY COUNTER SO THAT A CONSUMER MUST REQUEST SUCH PRODUCTS IN ORDER TO OBTAIN SUCH PRODUCTS FROM AN EMPLOYEE WORKING IN THE PHARMACY. IF THE RETAIL ESTABLISHMENT WISHES TO SELL SUCH PRODUCTS BUT DOES NOT MAINTAIN A PHARMACY AT THAT RETAIL LOCATION, SUCH PRODUCTS SHALL BE MADE SECURE SUCH THAT THEY MAY ONLY BE ACCESSED BY A MANAGER, ASSISTANT MANAGER, ACTING MANAGER OR OTHER SUPERVISORY PERSONNEL AT SUCH LOCATION. 2. AS USED IN THIS SECTION "RETAIL ESTABLISHMENT" MEANS EVERY VENDOR THAT IN THE REGULAR COURSE OF BUSINESS SELLS PRODUCTS CONTAINING IPECAC AT RETAIL DIRECTLY TO THE PUBLIC INCLUDING, BUT NOT LIMITED TO, PHARMA- CIES, GROCERY STORES, AND OTHER RETAIL STORES. S 2. This act shall take effect immediately; provided, however, that the rules and regulations necessary to implement section one of this act shall be promulgated and take effect on or before the one hundred eight- ieth day after this act shall have become a law.

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