Authorizes pharmacies to take back controlled substances.
TITLE OF BILL: An act to amend the public health law and the penal law, in relation to authorizing pharmacies to take back controlled substances
Provides additional avenues of controlled substance disposal and encourages disposal of unused medications by authorizing pharmacies to establish controlled substances take-back programs.
SUMMARY OF PROVISIONS:
Section one adds a new Public Health Law § 206(29) to require the Commissioner of Health, in consultation with the State Board of Pharmacy, to adopt regulations establishing a controlled substance take-back program authorizing certain pharmacies to take back controlled substances. These regulations must establish eligibility criteria, standards for accepting and storing controlled substances, and reporting requirements.
Section two adds a new Penal Law § 220.01 to provide that possession of a controlled substance by an individual lawfully participating in the controlled substance take-back program shall not be a violation of the Penal Law. This section also provides a definition applicable when individuals are "turning in" controlled substances under the program.
Section three provides that this act shall take effect 180 days after the Federal Drug Enforcement Agency (DEA) adopts rules and regulations authorizing controlled substance take back programs as outlined in this bill.
Under current federal rules, controlled substances can only be surrendered to law enforcement agencies. Implementing the Secure and Responsible Drug Disposal Act of 2012, the DEA published proposed regulations for disposing of controlled substance prescription drugs in December of 2012. The proposed regulations seek to expand options for drug disposal through take-back events, mail-back programs and collection box locations. Among other things, these provisions would allow retail pharmacies to administer mail-back programs and maintain collection boxes.
According to the National Survey on Drug Use and Health, 70% of controlled substance prescription abusers get their drugs from a family member or friend. This highlights the need for New York to be proactive in getting unused, excess medications out of medicine cabinets and into the proper hands for disposal. This bill ensures that upon adoption of federal regulations permitting such, the Department of Health shall establish regulations authorizing pharmacy take-back programs. By making avenues of disposal more readily available, this bill will result in less drugs being available for misuse.
180 days after adoption of federal regulations.
STATE OF NEW YORK ________________________________________________________________________ 3944 2013-2014 Regular Sessions IN SENATE February 27, 2013 ___________Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee 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 OFEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03000-02-3 S. 3944 2
WHETHER SUCH PERSON IS ACCEPTING OR IS TURNING IN SUCH CONTROLLED SUBSTANCE. 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 one hundred eightieth day after the federal Drug Enforcement Agency adopts rules and regulations author- izing controlled substance take back programs, as defined in subdivision 29 of section 206 of the public health law as added by section one of this act; provided that the commissioner of health shall notify the legislative bill drafting commission upon the adoption of such rules and regulations by the federal Drug Enforcement Agency in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law. Effective upon the provision of such notice by the commissioner of health, 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.