Assembly Bill A1101B

Signed By Governor
2013-2014 Legislative Session

Authorizes pharmacies to take back controlled substances

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • 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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Actions
Votes

Bill Amendments

co-Sponsors

multi-Sponsors

2013-A1101 - Details

See Senate Version of this Bill:
S3944
Law Section:
Public Health Law
Laws Affected:
Amd §3343-b, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
A9756

2013-A1101 - Summary

Authorizes pharmacies to take back controlled substances.

2013-A1101 - Bill Text download pdf 

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

                                  1101

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee 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-

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

co-Sponsors

multi-Sponsors

2013-A1101A - Details

See Senate Version of this Bill:
S3944
Law Section:
Public Health Law
Laws Affected:
Amd §3343-b, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
A9756

2013-A1101A - Summary

Authorizes pharmacies to take back controlled substances.

2013-A1101A - Bill Text download pdf 

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

                                 1101--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. GUNTHER, McDONALD, JAFFEE, KEARNS -- Multi-Spon-
  sored by -- M.  of A. BOYLAND, CERETTO, CROUCH, DUPREY, MAGEE --  read
  once  and referred to the Committee on Health -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03000-03-3

co-Sponsors

multi-Sponsors

2013-A1101B (ACTIVE) - Details

See Senate Version of this Bill:
S3944
Law Section:
Public Health Law
Laws Affected:
Amd §3343-b, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
A9756

2013-A1101B (ACTIVE) - Summary

Authorizes pharmacies to take back controlled substances.

2013-A1101B (ACTIVE) - Bill Text download pdf 

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

                                 1101--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. GUNTHER, McDONALD, JAFFEE, KEARNS, COLTON, ROSEN-
  THAL, RAIA -- Multi-Sponsored by -- M. of A. BOYLAND, CERETTO, CROUCH,
  DUPREY,  MAGEE -- read once and referred to the Committee on Health --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to said committee -- reported and referred to the Commit-
  tee on Codes -- committee discharged, bill amended, ordered  reprinted
  as amended and recommitted to said committee

AN  ACT to amend the public health law, in relation to authorizing phar-
  macies 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  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.   1. The
department 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,
without  identifying themselves, and shall be publicized consistent with
the prescription pain medication awareness program established  pursuant
to section thirty-three hundred nine-a of this article.
  2.  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.
  3. 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

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

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