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

                                  3944

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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 OF

 EXPLANATION--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.

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

                                 3944--A
    Cal. No. 1165

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 27, 2013
                               ___________

Introduced  by  Sens.  HANNON,  AVELLA,  FELDER, PARKER, VALESKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Health -- reported favorably from said committee, ordered
  to  first  and  second report, ordered to a third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

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
manner  in  which  potential costs to localities or to the state will be
addressed.  Disposal sites shall be operated by law enforcement agencies
AND PHARMACIES on a voluntary basis in collaboration  with  the  depart-

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

                                                           LBD03000-09-3

S. 3944--A                          2

ment. Nothing in this section shall require any political subdivision of
the state to participate in the program established in this section.
  4.  A  LICENSED  PHARMACY  DESIGNATED  BY  THE  COMMISSIONER  MAY BE A
DISPOSAL SITE UNDER THIS SECTION FOR THE FUNCTIONS OF ACCEPTING  SURREN-
DER  OF  CONTROLLED  SUBSTANCES  FROM CONSUMERS, TEMPORARILY STORING THE
CONTROLLED SUBSTANCES, AND TRANSFERRING THE CONTROLLED SUBSTANCES TO  AN
AUTHORIZED DISPOSAL SITE.
  5. THE COMMISSIONER SHALL MAKE REGULATIONS UNDER THIS SECTION, INCLUD-
ING  (IN  CONSULTATION  WITH  THE COMMISSIONER OF EDUCATION) REGULATIONS
RELATING TO PHARMACIES IN THE PROGRAM.
  S 2. This act shall take effect immediately.