S T A T E   O F   N E W   Y O R K
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     S. 5433--A                                            A. 6956--A
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                              March 28, 2017
                                ___________
 
 IN  SENATE  --  Introduced  by  Sen.  CARLUCCI -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Health
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 IN ASSEMBLY -- Introduced by M. of A. GALEF, TITONE, MONTESANO,  HARRIS,
   ORTIZ,  SKOUFIS,  D'URSO,  JAFFEE,  DINOWITZ,  SIMON, BUCHWALD, GLICK,
   RIVERA, JENNE, HOOPER, ROSENTHAL -- 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,  in  relation  to  enacting  the
   "tobacco-free pharmacies act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Tobacco-Free Pharmacies Act".
   §  2.  The  public  health  law  is  amended  by  adding a new section
 1399-dd-1 to read as follows:
   § 1399-DD-1. SALE OF TOBACCO PRODUCTS IN PHARMACIES.  1.  AS  USED  IN
 THIS  SECTION  "PHARMACY"  MEANS ANY PLACE REGISTERED AS SUCH BY THE NEW
 YORK STATE BOARD OF PHARMACY AND  REGISTERED  WITH  THE  FEDERAL  AGENCY
 PURSUANT  TO  THE FEDERAL CONTROLLED SUBSTANCES ACT AS WELL AS ANY PLACE
 IN WHICH DRUGS AND MEDICAL COMPONENTS ARE POSSESSED FOR THE  PURPOSE  OF
 PREPARING, COMPOUNDING, PRESERVING OR DISPENSING OF DRUGS, MEDICINES AND
 THERAPEUTIC  DEVICES  ON  THE  BASIS  OF  PRESCRIPTIONS.   THIS INCLUDES
 RETAILERS THAT OPERATE OR MAINTAIN A PHARMACY WITHIN THEIR PREMISES  BUT
 SHALL  NOT INCLUDE OTHER RETAILERS CO-LOCATED IN A MALL OR OTHER SIMILAR
 FACILITY WHERE SUCH PHARMACY IS LOCATED.
   2. NO PHARMACY SHALL SELL OR CAUSE TO BE SOLD TOBACCO PRODUCTS.
   3. THE COMMISSIONER  SHALL  HAVE  SOLE  JURISDICTION  TO  ENFORCE  THE
 PROVISIONS OF THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10463-04-7

 S. 5433--A                          2                         A. 6956--A
 
   4.  IF  A  VIOLATION IS SUSPECTED BY THE COMMISSIONER, NOTICE SHALL BE
 GIVEN AND A  HEARING  SHALL  OCCUR  TO  DETERMINE  IF  A  VIOLATION  HAS
 OCCURRED.  THE  HEARING SHALL BE CONDUCTED PURSUANT TO THE PROVISIONS OF
 SECTION TWELVE-A OF THIS CHAPTER.
   5.  IF THE COMMISSIONER DETERMINES AFTER A HEARING THAT A VIOLATION OF
 THIS SECTION HAS OCCURRED, A CIVIL PENALTY MAY BE IMPOSED BY THE COMMIS-
 SIONER IN AN AMOUNT NOT TO EXCEED TWO THOUSAND DOLLARS PER VIOLATION. NO
 OTHER PENALTY, FINE OR SANCTION MAY BE IMPOSED, PROVIDED THAT NOTHING IN
 THIS SECTION SHALL  BE  CONSTRUED  TO  PROHIBIT  THE  COMMISSIONER  FROM
 COMMENCING  A PROCEEDING FOR INJUNCTIVE RELIEF TO COMPEL COMPLIANCE WITH
 THIS SECTION.
   § 3. This act shall take effect one year after it shall have become  a
 law; provided, however, that effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of this act on its effective date are authorized and directed to
 be made and completed on or before such effective date.