NY State Senate Bill 2023-S5738

Senate Bill S5738

2023-2024 Legislative Session

Requires a personal use pharmaceutical disposal system be provided at the time of dispensing a controlled substance prescription

download bill text pdf

Current Bill Status - In Senate Committee Health 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
Mar 15, 2023	referred to health

2023-S5738 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §3309-c, Pub Health L

2023-S5738 (ACTIVE) - Summary

Requires a personal use pharmaceutical disposal system be provided to the ultimate user at the time of dispensing a prescribed controlled substance; requires county health departments to provide such disposal systems at no cost to pharmacies.

2023-S5738 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5738

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring a
personal use pharmaceutical disposal system be provided at the time of
dispensing a controlled substance prescription

 
PURPOSE:

Requires a personal use pharmaceutical disposal system be provided at
the time of dispensing a controlled substance prescription.

 
SUMMARY OF PROVISIONS:

Section 1 amends the public health law to state that no person may
prescribe a controlled substance unless they provide a personal use
pharmaceutical disposal system at no cost to the individual receiving
the prescription. Each county health department will distribute person-
al-use pharmaceutical disposal systems to every pharmacy in the county
which can then be distributed at no cost.

Section 2 states the effective date.

 
JUSTIFICATION:

When controlled substances are not properly disposed of, there is a risk
of them being accessed by someone other than the individual the medica-
tion was prescribed to. According to the 2020 National Survey on Drug
Use and Health Annual Report, most individuals who misused prescription
drugs acquired them from a friend or family member without their know-
ledge. According to data from the National Electronic Injury Surveil-
lance System-Cooperative Adverse Event Surveillance (NEISS-CADES)
project, more than 90% of emergency department visits for children under
five that involve unintentional medication overdoses are due to children
accessing medicine on their own without parental oversight.

Dispensing personal-use pharmaceutical disposal systems will allow indi-
viduals to dispose of unused controlled substances safely and efficient-
ly. This legislation ensures that we prevent accidental overdoses and
stop addiction before it starts by making it harder for unused
prescriptions to fall into the wrong hands.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2023-S5738 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5738
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public  health  law,  in  relation  to  requiring  a
   personal use pharmaceutical disposal system be provided at the time of
   dispensing a controlled substance prescription

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 3309-c to read as follows:
   §  3309-C.  CONTROLLED  SUBSTANCE PERSONAL USE PHARMACEUTICAL DISPOSAL
 SYSTEMS. 1. NO PERSON IN THE STATE SHALL DISPENSE A CONTROLLED SUBSTANCE
 PRESCRIPTION  TO  THE  ULTIMATE  USER  OF  SUCH  PRESCRIBED   CONTROLLED
 SUBSTANCE UNLESS SUCH PERSON ADDITIONALLY PROVIDES TO SUCH ULTIMATE USER
 A  PERSONAL  USE PHARMACEUTICAL DISPOSAL SYSTEM AT NO COST TO SUCH ULTI-
 MATE USER.
   2. EACH COUNTY HEALTH DEPARTMENT SHALL PROVIDE PERSONAL USE PHARMACEU-
 TICAL DISPOSAL SYSTEMS TO EACH PHARMACY IN SUCH COUNTY  AT  NO  COST  TO
 SUCH  PHARMACY  TO BE DISTRIBUTED PURSUANT TO THE PROVISIONS OF SUBDIVI-
 SION ONE OF THIS SECTION. PERSONAL  USE  PHARMACEUTICAL DISPOSAL SYSTEMS
 SHALL EITHER BE  PROVIDED  TO  EACH  COUNTY  HEALTH  DEPARTMENT  BY  THE
 MANUFACTURER  OF EACH CONTROLLED SUBSTANCE DISTRIBUTED IN SUCH COUNTY AT
 NO COST TO SUCH COUNTY HEALTH DEPARTMENT,  OR  ACQUIRED  BY  THE  COUNTY
 HEALTH DEPARTMENT THROUGH THE USE OF FUNDS MADE AVAILABLE FROM THE STATE
 AS APPROPRIATED THEREFOR.
   3.  A COUNTY HEALTH DEPARTMENT MAY ESTABLISH ADMINISTRATIVE PROCEDURES
 TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   4. AS USED IN THIS SECTION:
   (A) "PERSONAL USE PHARMACEUTICAL DISPOSAL  SYSTEM"  MEANS  A  PORTABLE
 PRODUCT  DESIGNED  FOR PERSONAL USE BY THE ULTIMATE USER FOR THE PURPOSE
 OF ALLOWING THE ULTIMATE USER OF A PRESCRIBED  CONTROLLED  SUBSTANCE  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09977-01-3
 S. 5738                             2

 
 DEACTIVATE  THE  PRESCRIBED  CONTROLLED  SUBSTANCE  TO A NON-RETRIEVABLE
 CONDITION OR STATE.
   (B)  "ULTIMATE USER" MEANS A PERSON WHO HAS LAWFULLY OBTAINED, AND WHO
 POSSESSES, A PRESCRIBED CONTROLLED SUBSTANCE FOR SUCH PERSON'S  OWN  USE
 OR FOR THE USE OF A MEMBER OF SUCH PERSON'S HOUSEHOLD.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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