S830-2011 Actions

• Jan 4, 2012: REFERRED TO HEALTH
• Jan 5, 2011: REFERRED TO HEALTH

S830-2011 Memo

BILL NUMBER:S830

TITLE OF BILL:
An act
to amend the public health law, in relation to establishing the drug
manufacturer collection program

PURPOSE OF THE BILL:
The bill would require manufacturers of both
prescription and over the counter drugs to be responsible for
establishing drug take-back programs for these drugs from hospitals
and residential health care facilities.

SUMMARY OF PROVISIONS:
The bill prohibits the disposal of any drug by
hospitals and residential health care facilities as mixed solid waste
in a landfill; and only allows drug disposal through a drug
collection program established by this bill. The bill would create a
drug collection program which would be the responsibility of drug
manufacturers who market their drugs in NYS. Each, manufacturer would
be responsible for all costs and the security of its drug collection
program.

Manufacturers would be authorized to contract with a public or private
third party to conduct the drug collection program, but all costs
would be borne by the manufacturer. No fees could be charged to
hospitals and residential health care facilities for drug collection.
Such facilities would be required to dispose of all unused and
expired drugs through the drug collection programs. Manufacturers
would be required dispose of all collected drugs in an environmental
sound manner, pursuant to rules and regulations promulgated by the
Department of Health. All manufacturers would be required to report
biannually to the DEC on their drug collection programs.

JUSTIFICATION:
Health care facilities have been using guidance from
the Department of Health that requires disposal of unwanted and
expired drugs by flushing them. This process has contributed to
contamination of waters of the State, because municipal treatment
plants are not capable of removing these chemicals. Many recent
studies have demonstrated that drinking water is being contaminated
with common medications. The presence of medications creates a
serious public health problem, with the exposure of drugs to the
general populace, most importantly our infants and young children.

The federal Resource Conservation and Recovery Act (RCRA) exempts
household waste (including prescription and OTC drugs) from hazardous
waste regulation.
Furthermore, EFA has made clear that reverse distributors may not
accept already dispensed medication as part of that waste stream.
However,individual states may determine that drugs are hazardous
wastes and must be managed as such.

The creation of drug collection programs by manufacturers would
immediately stop the dangerous practices of drug disposal by
hospitals and residential health care facilities by unacceptable


means such as flushing down the drain or the toilet. There have been
successful drug collection programs in the State of Washington (2
years), Alberta Province, Canada (10 years), Wisconsin Clean Sweep
funds local municipal drug collection programs, the EPA Great Lakes
Earth Day Challenge of 2008, Cumberland County, PA, Salt Lake City,
UT, Price Chopper 2008 collection program, and other locations across
the country.

As important as these events are, they are not a replacement of an
on-going, comprehensive collection effort to remove unwanted and
expired drugs from hospitals and residential health care facilities.
These facilities use significant quantities of drugs, which are not
being properly handled when they expire or are no longer useful. It
is time to act now to eliminate this significant threat to public
health and our environment.

LEGISLATIVE HISTORY:
Previously introduced.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
DEC would be responsible to promulgate any necessary rules
and relation's, to
assure compliance with the requirements of this bill, and to accept
the biannual reports from manufacturers.

EFFECTIVE DATE:
The act would take effect on the
first day of January
next succeeding the date on which it shall have become a law.

S830-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          830
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by Sen. STAVISKY -- 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  establishing  the
 drug manufacturer collection program
 

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

 

Section 1. The public health law is amended by adding  a  new  section
 2811-a to read as follows:

 

S  2811-A.  DISPOSAL  OF DRUGS. NO HOSPITAL OR RESIDENTIAL HEALTH CARE
 FACILITY SHALL DISPOSE OF ANY DRUG IN ANY OTHER MANNER THAN THAT  ESTAB
 LISHED BY SECTION THIRTY-THREE HUNDRED SEVENTEEN OF THIS CHAPTER.
 

S  2. The public health law is amended by adding a new section 3317 to
 read as follows:

 

S 3317. MANUFACTURER DRUG COLLECTION PROGRAM. 1. EVERY MANUFACTURER OF
 DRUGS SHALL ESTABLISH AND IMPLEMENT A COLLECTION PROGRAM FOR UNUSED  AND
 EXPIRED  DRUGS HELD BY HOSPITALS AND RESIDENTIAL HEALTH CARE FACILITIES.
 EACH MANUFACTURER SHALL BE RESPONSIBLE FOR ALL COSTS AND THE SECURITY OF
 ITS DRUG COLLECTION PROGRAM.
 2. ANY SUCH MANUFACTURER  MAY  CONTRACT  WITH  A  SUITABLE  PUBLIC  OR
 PRIVATE THIRD PARTY FOR THE ESTABLISHMENT AND IMPLEMENTATION OF ITS DRUG
 COLLECTION  PROGRAM  PURSUANT  TO THIS SECTION. EVERY MANUFACTURER WHICH
 CONTRACTS WITH A THIRD PARTY PURSUANT TO THIS  SUBDIVISION  SHALL  FULLY
 REIMBURSE  THE  THIRD  PARTY  FOR  ALL  COSTS  OF  IMPLEMENTING ITS DRUG
 COLLECTION PROGRAM.
 3. EVERY HOSPITAL AND RESIDENTIAL HEALTH CARE  FACILITY  SHALL  RETURN
 ALL  ITS UNUSED AND EXPIRED DRUGS TO THE APPROPRIATE MANUFACTURER'S DRUG
 COLLECTION PROGRAM.
 4. EVERY MANUFACTURER SHALL DISPOSE OF ALL DRUGS COLLECTED PURSUANT TO
 THIS SECTION IN AN ENVIRONMENTALLY SOUND MANNER AS PROVIDED IN RULES AND
 REGULATIONS PROMULGATED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00770-01-1
 
       S. 830                              2
 5. EVERY MANUFACTURER, SHALL ON A BIANNUAL  BASIS,  SUBMIT  A  WRITTEN
 REPORT  TO  THE DEPARTMENT ON ITS DRUG COLLECTION PROGRAM, INCLUDING THE
 TYPES AND AMOUNTS OF DRUGS COLLECTED.
 

S  3. This act shall take effect on the first of January next succeed
 ing the date on which it shall have become a law.

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