NY State Senate Bill 2009-S2090

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to higher education
May 20, 2009	reported and committed to finance
Feb 11, 2009	referred to higher education

2009-S2090 (ACTIVE) - Details

See Assembly Version of this Bill:: A11636
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add §6829, Ed L
Versions Introduced in 2011-2012 Legislative Session:: S4142, A6661

2009-S2090 (ACTIVE) - Summary

Establishes under the direction of the state board of pharmacy a drug repository program to accept and dispense donated drug prescriptions; authorizes such board and the commissioner of health to promulgate rules and regulations; makes definitions; exempts such persons or entities who dispense such donated drugs from criminal or tort liability or professional disciplinary action.

2009-S2090 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2090

 TITLE OF BILL :
An act to amend the education law, in relation to establishing under
the direction of the state board of pharmacy a drug repository program
to accept and dispense donated prescription drugs


 PURPOSE :
This bill establishes under the direction of the state Board of
Pharmacy a drug repository program.

 SUMMARY OF PROVISIONS :
Section One adds a new section 6829 to the Education Law to establish
the repository program for the purposes of accepting and dispensing
donated prescription drugs to individuals who are residents of this
state and meet eligibility standards established in rules and
regulations adopted by the board. This section also states that only
drugs in their original sealed and tamper evident unit dose packaging
shall be accepted and dispensed.  The packaging shall be unopened,
except that drugs packaged in single unit shall be accepted and
dispensed when the outside package is opened if the single unit
package is undisturbed. Drugs cannot be accepted if the expiration
date is less than 6 months from the date the drug is donated or if
there is reason to believe it is adulterated. The language of this
section also states that any person shall donate prescription drugs to

the drug repository program and drugs can be donated at a pharmacy,
hospital or non-profit clinic that elects to participate in the
program. Participation is voluntary. The bill continues that a donated
drug may only be dispensed pursuant to a prescription issued by a
licensed health care professional authorized to prescribe drugs.

Finally, the bill states that in consultation with the commissioner of
health, the state board of pharmacy shall adopt rules and regulations
governing the drug repository program that establish the following:

* Standards and procedures for accepting, safety storing, and
dispensing donated drug

* Standards and procedures for inspecting donated drugs to determine
that the original unit dose package is sealed and tamper-evident and
that the drugs are unadulterated, safe, and suitable for dispensing;

* Eligibility standards based on economic need for individuals to
receive drugs;

* A means, such as with an identification card, by which an individual
who is eligible to receive donated drugs shall demonstrate eligibility
to the pharmacy, hospital, or nonprofit clinic dispensing the drugs.

 JUSTIFICATION :
The State of Ohio became the first state in the nation to establish a
drug repository program. Inspired by the efforts of a resident whose
wife died of cancer, at her home under the care of hospice, with more
than $6,000 worth of unused prescription drugs remaining.  After a
three-year crusade, his vision of a program to donate unused, sealed
prescription drugs to income eligible residents became a reality in
Ohio. It has been estimated that millions of dollars worth of
prescription drugs are thrown away. This legislation would provide a
safe mechanism to provide those prescriptions to people in need.

 LEGISLATIVE HISTORY :
2005-2006 - S.4241
2003-2004 - S.3189

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
One hundred twentieth day after enactment.

2009-S2090 (ACTIVE) - Bill Text download pdf

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

                                  2090

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 11, 2009
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to establishing under the
  direction of the state board of pharmacy a drug repository program  to
  accept and dispense donated prescription drugs

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

  Section 1. The education law is amended by adding a new  section  6829
to read as follows:
  S  6829.  REPOSITORY PROGRAM; ACCEPT AND DISPENSE DONATED PRESCRIPTION
DRUGS. 1. AS USED IN THIS SECTION: A. "HOSPITAL" HAS THE SAME MEANING AS
IN SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED  ONE  OF  THE  PUBLIC
HEALTH LAW.
  B.  "NONPROFIT  CLINIC" MEANS A CORPORATION AS DEFINED IN SUBPARAGRAPH
FIVE OF PARAGRAPH (A) OF SECTION ONE HUNDRED TWO OF  THE  NOT-FOR-PROFIT
CORPORATION  LAW,  OR  ANY CHARITABLE ORGANIZATION NOT ORGANIZED AND NOT
OPERATED FOR PROFIT, THAT PROVIDES HEALTH CARE SERVICES TO INDIGENT  AND
UNINSURED  PERSONS. "NONPROFIT CLINIC" SHALL NOT INCLUDE A HOSPITAL OR A
FACILITY AS DEFINED IN SUBDIVISION ONE OF SECTION  TWENTY-EIGHT  HUNDRED
ONE OF THE PUBLIC HEALTH LAW.
  C. "PRESCRIPTION DRUG" MEANS ANY DRUG TO WHICH THE FOLLOWING APPLIES:
  (1)  UNDER  THE FOOD, DRUG, AND COSMETIC ACT, 52 STAT. 1040 (1938), 21
U.S.C.A. 301, AS AMENDED, THE DRUG IS REQUIRED TO BEAR A LABEL  CONTAIN-
ING  THE  LEGEND,  "CAUTION:  FEDERAL  LAW  PROHIBITS DISPENSING WITHOUT
PRESCRIPTION" OR "CAUTION: FEDERAL LAW RESTRICTS THIS DRUG TO USE BY  OR
ON  THE  ORDER  OF  A  LICENSED VETERINARIAN" OR ANY SIMILAR RESTRICTIVE
STATEMENT, OR THE DRUG MAY BE DISPENSED ONLY UPON A PRESCRIPTION.
  (2) UNDER THIS  ARTICLE,  THE  DRUG  MAY  BE  DISPENSED  ONLY  UPON  A
PRESCRIPTION.
  2.  THE  STATE  BOARD  OF  PHARMACY  SHALL ESTABLISH A DRUG REPOSITORY
PROGRAM TO ACCEPT  AND  DISPENSE  PRESCRIPTION  DRUGS  DONATED  FOR  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04088-01-9

S. 2090                             2

PURPOSE  OF  BEING  DISPENSED  TO  INDIVIDUALS WHO ARE RESIDENTS OF THIS
STATE AND MEET ELIGIBILITY STANDARDS  ESTABLISHED  IN  RULES  AND  REGU-
LATIONS  ADOPTED  BY  THE  BOARD UNDER SUBDIVISION FIVE OF THIS SECTION.
ONLY PRESCRIPTION DRUGS IN THEIR ORIGINAL SEALED AND TAMPER-EVIDENT UNIT
DOSE  PACKAGING  SHALL BE ACCEPTED AND DISPENSED. THE PACKAGING SHALL BE
UNOPENED, EXCEPT THAT DRUGS PACKAGED  IN  SINGLE  UNIT  DOSES  SHALL  BE
ACCEPTED  AND  DISPENSED  WHEN  THE  OUTSIDE  PACKAGING IS OPENED IF THE
SINGLE UNIT DOSE PACKAGING IS UNDISTURBED. PRESCRIPTION DRUGS DONATED BY
INDIVIDUALS BEARING AN EXPIRATION DATE THAT IS LESS THAN SIX MONTHS FROM
THE DATE THE DRUG IS DONATED SHALL  NOT  BE  ACCEPTED  OR  DISPENSED.  A
PRESCRIPTION  DRUG SHALL NOT BE ACCEPTED OR DISPENSED IF THERE IS REASON
TO BELIEVE THAT IT IS ADULTERATED AS DESCRIBED  IN  SECTION  SIXTY-EIGHT
HUNDRED  FIFTEEN OF THIS ARTICLE. SUBJECT TO THE LIMITATION SPECIFIED IN
THIS SUBDIVISION, UNUSED PRESCRIPTION DRUGS DISPENSED  FOR  PURPOSES  OF
THE MEDICAID PROGRAM MAY BE ACCEPTED AND DISPENSED UNDER THE DRUG REPOS-
ITORY PROGRAM.
  3.  A.  ANY  PERSON,  INCLUDING A DRUG MANUFACTURER OR ANY HEALTH CARE
FACILITY MAY DONATE PRESCRIPTION DRUGS TO THE DRUG  REPOSITORY  PROGRAM.
THE  DRUGS  SHALL BE DONATED AT A PHARMACY, HOSPITAL OR NONPROFIT CLINIC
THAT ELECTS TO PARTICIPATE IN THE  DRUG  REPOSITORY  PROGRAM  AND  MEETS
CRITERIA FOR PARTICIPATION IN THE PROGRAM ESTABLISHED IN RULES AND REGU-
LATIONS ADOPTED BY THE STATE BOARD OF PHARMACY UNDER SUBDIVISION FIVE OF
THIS  SECTION. PARTICIPATION IN THE PROGRAM BY PHARMACIES, HOSPITALS AND
NONPROFIT CLINICS IS VOLUNTARY. NOTHING IN THIS SECTION REQUIRES A PHAR-
MACY, HOSPITAL OR NONPROFIT CLINIC TO PARTICIPATE IN THE PROGRAM.
  B. A PHARMACY, HOSPITAL OR NONPROFIT CLINIC ELIGIBLE TO PARTICIPATE IN
THE PROGRAM SHALL DISPENSE PRESCRIPTION DRUGS DONATED UNDER THIS SECTION
TO INDIVIDUALS WHO ARE RESIDENTS OF THIS STATE AND MEET THE  ELIGIBILITY
STANDARDS  ESTABLISHED  IN  RULES  AND  REGULATIONS ADOPTED BY THE BOARD
UNDER SUBDIVISION FIVE OF THIS SECTION OR TO OTHER  GOVERNMENT  ENTITIES
AND  NONPROFIT  PRIVATE ENTITIES TO BE DISPENSED TO INDIVIDUALS WHO MEET
THE ELIGIBILITY STANDARDS.  A PRESCRIPTION DRUG SHALL BE DISPENSED  ONLY
PURSUANT  TO  A  PRESCRIPTION  ISSUED  BY A LICENSED HEALTH PROFESSIONAL
AUTHORIZED TO PRESCRIBE DRUGS, AS DEFINED IN SECTION SIXTY-EIGHT HUNDRED
TWO OF THIS ARTICLE. A  PHARMACY,  HOSPITAL  OR  NONPROFIT  CLINIC  THAT
ACCEPTS  DONATED DRUGS SHALL COMPLY WITH ALL APPLICABLE FEDERAL LAWS AND
LAWS OF THIS STATE DEALING WITH STORAGE AND  DISTRIBUTION  OF  DANGEROUS
DRUGS  AND SHALL INSPECT ALL PRESCRIPTION DRUGS PRIOR TO DISPENSING THEM
TO DETERMINE THAT SUCH DRUGS ARE NOT ADULTERATED. THE PHARMACY, HOSPITAL
OR  NONPROFIT  CLINIC  SHALL  CHARGE   INDIVIDUALS   RECEIVING   DONATED
PRESCRIPTION  DRUGS  A HANDLING FEE ESTABLISHED IN ACCORDANCE WITH RULES
AND REGULATIONS ADOPTED BY THE BOARD  UNDER  SUBDIVISION  FIVE  OF  THIS
SECTION.  PRESCRIPTION  DRUGS  DONATED  TO  THE  REPOSITORY SHALL NOT BE
RESOLD.
  4. A. AS USED IN THIS SECTION, "HEALTH CARE PROFESSIONAL" MEANS ANY OF
THE FOLLOWING WHO PROVIDE MEDICAL, DENTAL OR OTHER HEALTH-RELATED  DIAG-
NOSIS, CARE OR TREATMENT:
  (1)  INDIVIDUALS  AUTHORIZED UNDER THIS TITLE TO PRACTICE MEDICINE AND
SURGERY OR PODIATRIC MEDICINE AND SURGERY;
  (2) REGISTERED  PROFESSIONAL  NURSES  AND  LICENSED  PRACTICAL  NURSES
LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-NINE OF THIS TITLE;
  (3)  PHYSICIAN  ASSISTANTS  AUTHORIZED  TO  PRACTICE UNDER ARTICLE ONE
HUNDRED THIRTY-ONE-B OF THIS TITLE;
  (4) DENTISTS AND DENTAL HYGIENISTS LICENSED UNDER ARTICLE ONE  HUNDRED
THIRTY-THREE OF THIS TITLE;

S. 2090                             3

  (5)  OPTOMETRISTS  LICENSED  UNDER  ARTICLE ONE HUNDRED FORTY-THREE OF
THIS TITLE;
  (6) PHARMACISTS LICENSED UNDER THIS ARTICLE.
  B.  THE  STATE  BOARD  OF  PHARMACY;  THE  COMMISSIONER OF HEALTH; ANY
PERSON, INCLUDING A DRUG MANUFACTURER OR GOVERNMENT ENTITY THAT  DONATES
PRESCRIPTION  DRUGS  TO  THE REPOSITORY PROGRAM; ANY PHARMACY, HOSPITAL,
NONPROFIT CLINIC OR HEALTH CARE PROFESSIONAL THAT ACCEPTS  OR  DISPENSES
PRESCRIPTION  DRUGS  UNDER  THE  PROGRAM;  AND ANY PHARMACY, HOSPITAL OR
NONPROFIT CLINIC THAT EMPLOYS A HEALTH CARE PROFESSIONAL WHO, REASONABLY
AND IN GOOD FAITH, ACCEPTS OR DISPENSES  PRESCRIPTION  DRUGS  UNDER  THE
PROGRAM SHALL NOT BE SUBJECT TO ANY OF THE FOLLOWING FOR MATTERS RELATED
TO  DONATING,  ACCEPTING  OR  DISPENSING  PRESCRIPTION  DRUGS  UNDER THE
PROGRAM: CRIMINAL PROSECUTION; LIABILITY IN TORT OR OTHER  CIVIL  ACTION
FOR  INJURY, DEATH OR LOSS TO PERSON OR PROPERTY; OR PROFESSIONAL DISCI-
PLINARY ACTION.
  A DRUG MANUFACTURER, WHO ACTS REASONABLY AND IN GOOD FAITH, SHALL  NOT
BE  SUBJECT  TO CRIMINAL PROSECUTION OR LIABILITY IN TORT OR OTHER CIVIL
ACTION FOR INJURY, DEATH OR LOSS  TO  PERSON  OR  PROPERTY  FOR  MATTERS
RELATED TO THE DONATION, ACCEPTANCE OR DISPENSING OF A PRESCRIPTION DRUG
MANUFACTURED  BY  THE  DRUG  MANUFACTURER  THAT IS DONATED BY ANY PERSON
UNDER THE PROGRAM, INCLUDING BUT NOT LIMITED TO LIABILITY FOR FAILURE TO
TRANSFER OR COMMUNICATE PRODUCT OR CONSUMER INFORMATION OR  THE  EXPIRA-
TION DATE OF THE DONATED PRESCRIPTION DRUG.
  5. IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, THE STATE BOARD OF
PHARMACY SHALL ADOPT RULES AND REGULATIONS GOVERNING THE DRUG REPOSITORY
PROGRAM THAT ESTABLISH ALL OF THE FOLLOWING:
  A.  ELIGIBILITY CRITERIA FOR PHARMACIES, HOSPITALS AND NONPROFIT CLIN-
ICS TO  RECEIVE  AND  DISPENSE  DONATED  PRESCRIPTION  DRUGS  UNDER  THE
PROGRAM;
  B. STANDARDS AND PROCEDURES FOR ACCEPTING, SAFELY STORING AND DISPENS-
ING DONATED PRESCRIPTION DRUGS;
  C.  STANDARDS AND PROCEDURES FOR INSPECTING DONATED PRESCRIPTION DRUGS
TO DETERMINE THAT  THE  ORIGINAL  UNIT  DOSE  PACKAGING  IS  SEALED  AND
TAMPER-EVIDENT  AND  THAT THE DRUGS ARE UNADULTERATED, SAFE AND SUITABLE
FOR DISPENSING;
  D. ELIGIBILITY STANDARDS BASED ON ECONOMIC  NEED  FOR  INDIVIDUALS  TO
RECEIVE PRESCRIPTION DRUGS;
  E. A MEANS, SUCH AS AN IDENTIFICATION CARD, BY WHICH AN INDIVIDUAL WHO
IS  ELIGIBLE  TO  RECEIVE  DONATED  PRESCRIPTION DRUGS SHALL DEMONSTRATE
ELIGIBILITY TO THE PHARMACY, HOSPITAL OR NONPROFIT CLINIC DISPENSING THE
DRUGS;
  F. A FORM THAT AN INDIVIDUAL RECEIVING A PRESCRIPTION  DRUG  FROM  THE
REPOSITORY  SHALL  SIGN  BEFORE  RECEIVING  THE DRUG TO CONFIRM THAT THE
INDIVIDUAL UNDERSTANDS THE IMMUNITY PROVISIONS OF THE PROGRAM;
  G. A FORMULA TO DETERMINE THE AMOUNT OF A HANDLING  FEE  THAT  PHARMA-
CIES,  HOSPITALS AND NONPROFIT CLINICS SHALL CHARGE TO PRESCRIPTION DRUG
RECIPIENTS TO COVER RESTOCKING AND DISPENSING COSTS;
  H. IN ADDITION, FOR PRESCRIPTION DRUGS DONATED TO  THE  REPOSITORY  BY
INDIVIDUALS:
  (1)  A  LIST  OF PRESCRIPTION DRUGS, ARRANGED EITHER BY CATEGORY OR BY
INDIVIDUAL DRUG, THAT THE REPOSITORY SHALL ACCEPT FROM INDIVIDUALS;
  (2) A LIST OF PRESCRIPTION DRUGS, ARRANGED EITHER BY  CATEGORY  OR  BY
INDIVIDUAL  DRUG, THAT THE REPOSITORY SHALL NOT ACCEPT FROM INDIVIDUALS.
THE LIST SHALL INCLUDE BUT NOT BE LIMITED TO, A STATEMENT AS TO WHY  THE
DRUG IS INELIGIBLE FOR DONATION.

S. 2090                             4

  (3)  A  FORM EACH DONOR SHALL SIGN STATING THAT THE DONOR IS THE OWNER
OF THE PRESCRIPTION DRUGS AND INTENDS TO VOLUNTARILY DONATE  SUCH  DRUGS
TO THE REPOSITORY.
  I.  IN  ADDITION,  FOR PRESCRIPTION DRUGS DONATED TO THE REPOSITORY BY
HEALTH CARE FACILITIES:
  (1) A LIST OF PRESCRIPTION DRUGS, ARRANGED EITHER BY  CATEGORY  OR  BY
INDIVIDUAL  DRUG,  THAT  THE  REPOSITORY  SHALL  ACCEPT FROM HEALTH CARE
FACILITIES;
  (2) A LIST OF PRESCRIPTION DRUGS, ARRANGED EITHER BY  CATEGORY  OR  BY
INDIVIDUAL  DRUG,  THAT THE REPOSITORY SHALL NOT ACCEPT FROM HEALTH CARE
FACILITIES. THE LIST SHALL INCLUDE A STATEMENT AS TO WHY  SUCH  DRUG  IS
INELIGIBLE FOR DONATION.
  J. ANY OTHER STANDARDS AND PROCEDURES THE BOARD CONSIDERS APPROPRIATE.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that 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  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.

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Senate Bill S2090

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

2009-S2090 (ACTIVE) - Details

2009-S2090 (ACTIVE) - Summary

2009-S2090 (ACTIVE) - Sponsor Memo

2009-S2090 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2090

Share this bill

Sponsored By

Kemp Hannon

Archive: Last Bill Status - In Senate Committee Higher Education Committee

2009-S2090 (ACTIVE) - Details

2009-S2090 (ACTIVE) - Summary

2009-S2090 (ACTIVE) - Sponsor Memo

2009-S2090 (ACTIVE) - Bill Text download pdf

Comments