Relates to expanding opportunities for the safe disposal of unused controlled substances.
TITLE OF BILL: An act to amend the public health law, in relation to expanding opportunities for the safe disposal of unused controlled substances
PURPOSE OR GENERAL IDEA OF BILL:
Revises the program for safe disposal of unused controlled substances by consumers to exempt those surrendering controlled substance from legal penalty and allows for the appropriate and legal options for the destruction of surrendered controlled substances are available to disposal sites without cost.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends Section 3343-b of the public health law to deem the surrender of a controlled substance to a safe disposal program exempt from legal recourse and publishes the location of disposal sites on the department's website. Section 1 also ensures that options for the destruction of surrendered controlled substances are available to disposal sites without cost and allows for expansion of the program to additional political subdivisions.
Section 2. States the effective date.
Community-based drug "take-back" programs offer safe disposal alternatives for controlled substances. When disposed of unsafely, controlled substances may end up in the wrong hands or pollute our water supply. Therefore, it is necessary for New York State to expand its safe disposal program. This legislation would allow consumers to surrender their controlled substances, or controlled substances obtained without a prescription, without fear of arrest for possession, transfer or sale of such controlled substance. The removal of the possibility of arrest will encourage citizens to turn in their unused controlled substances and allow for their safe disposal. In addition, this legislation would also promote the expansion of the safe disposal program by publishing the location of safe disposal sites on the department's website, allow political subdivisions to request to participate in the program, and provide the department which options for the destruction of surrendered controlled substances to disposal sites without cost.
PRIOR LEGISLATIVE HISTORY:
Minimal to the State.
STATE OF NEW YORK ________________________________________________________________________ 5563 2013-2014 Regular Sessions IN SENATE May 21, 2013 ___________Introduced by Sen. BOYLE -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to expanding opportu- nities for 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: Section 1. Section 3343-b of the public health law, as added by section 1 of part E of chapter 447 of the laws of 2012, is amended to read as follows: S 3343-b. Safe disposal of unused controlled substances. The depart- ment shall establish a program for the safe disposal of unused controlled substances by consumers in accordance with federal law. The program shall permit individual members of the public to voluntarily surrender controlled substances listed on schedule II, III, IV or V of section thirty-three hundred six of this article in a secure manner, AND without identifying themselves
[, and]. THE SURRENDER OF A CONTROLLED SUBSTANCE PURSUANT TO THE PROGRAM ESTABLISHED PURSUANT TO THIS SECTION SHALL NOT CONSTITUTE THE POSSESSION, TRANSFER OR SALE OF SUCH CONTROLLED SUBSTANCE FOR PURPOSES OF THIS ARTICLE OR THE PENAL LAW. SUCH PROGRAM shall be publicized IN A MANNER consistent with the prescription pain medication awareness program established pursuant to section thirty- three hundred nine-a of this article, AND THE LOCATION OF DISPOSAL SITES SHALL BE PUBLISHED ON THE DEPARTMENT'S WEBSITE. [The surrender of a controlled substance pursuant to the program established pursuant to this section shall not constitute the possession, transfer or sale of such controlled substance for purposes of this article or the penal law.]In developing such program, the department shall consider the following: appropriate sites for disposal throughout the state; the role of law enforcement and federal authorities, as appropriate; and the manner in which potential costs to localities or to the state will be addressed. Disposal sites shall be operated by law enforcement agenciesEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11091-01-3 S. 5563 2
on a voluntary basis in collaboration with the department
[. Nothing]; AND THE DEPARTMENT SHALL ENSURE THAT APPROPRIATE AND LEGAL OPTIONS FOR THE DESTRUCTION OF SURRENDERED CONTROLLED SUBSTANCES ARE AVAILABLE TO DISPOSAL SITES WITHOUT COST. A POLITICAL SUBDIVISION OF THE STATE MAY REQUEST TO PARTICIPATE IN THIS PROGRAM; PROVIDED, HOWEVER, THAT NOTHING in this section shall require any [political subdivision of the state to participate in the program established in this section]SUCH PARTIC- IPATION. S 2. This act shall take effect immediately.