BILL NUMBER: S592

SPONSOR: CARLUCCI
 
TITLE OF BILL:

An act to amend the public health law, in relation to enacting the
"tobacco-free pharmacies act"

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to enact the "Tobacco-Free Pharmacies
Act", which would prohibit the sale of tobacco products in pharmacies.

 
SUMMARY OF PROVISIONS:

Section 1. This act shall be known and cited as the "Tobacco-Free Phar-
macies Act".

Section 2. A new section 1399-dd-1 is added to the Public Health Law,
which defines pharmacies as any place registered by the New York State
Board of Pharmacy and with the Federal Agency pursuant to the federal
              

controlled substances act. It also includes any place where drugs and
medical components are possessed for the purpose of preparing, compound-
ing, preserving or dispensing of drugs, medicines and therapeutic
devices on the basis of a prescription. This includes facilities and
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. No pharmacy shall sell or cause
to be sold tobacco products. The commissioner has sole jurisdiction to
enforce the provisions of this section. Details are also given in case
there are violations.

Section 3. Establishes the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

 
JUSTIFICATION:

On the Centers for Disease Control and Prevention (CDC) website it
states that smoking is the leading cause of preventable death, that it
harms nearly every organ of the body, and that in 2011, nearly 70% of
adult cigarette smokers wanted to stop.

We know all the diseases that are caused by smoking such as cancer,
diabetes, chronic obstructive pulmonary disease, and heart disease, yet
based on a 2015 CDC report, as of 2014, the adult smoking rate is still
at 16.8%.

The American Nonsmokers' Rights Foundation (January 2017) establishes
that municipalities in California, Massachusetts and Minnesota have
passed tobacco-free pharmacy laws. In 2014, all CVS Pharmacies, current-
ly located in 49 states, decided to go tobacco-free by choice.  It only
makes sense, a business intended to make us feel better should not sell
their customers products that, when taken as attended, would cut their
lifespan by an average of 10 years. Earlier this year, Rockland County
became the first county in New York to enact the "Tobacco-Free Pharma-
cies Act", and we hope the State will follow in those footsteps become
the first in enacting a statewide law.

This legislation will apply to all pharmacies, and all stores that oper-
ate a pharmacy within. In the past, similar laws were enacted that

 
PRIOR LEGISLATIVE HISTORY:;

A. 6956-A and S.5433-A of 2017/2018 Similar To:  A. 7418 and S. 3607 of
2013/2014;
A. 8839 and S. 6506 of 2011/2012 (New Assembly Sponsor);
A. 3329 and S. 6506 of 2011/2012 (Sponsor Left Assembly); A. 5890 and S.
1234 of 2009/2010;
A. 8395-A and S. 8097 of 2007/2008

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

There are no fiscal implications associated with the passage of this
legislation.

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law;
provided, however, that effective immediately, 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.