* § 2803-e. Residential health care facilities; return and
redistribution of unused medication. 1. Notwithstanding any inconsistent
provision of law, rule or regulation to the contrary, the commissioner
is hereby authorized and directed to permit either a resident or
consultant pharmacist in a residential health care facility to return to
the pharmacy from which it was purchased any unused medication provided
that such medication is sealed in unopened, individually packaged units
and within the recommended period of shelf life, and provided that such
medication is not a controlled substance as defined in section
thirty-three hundred six of the public health law.

2. The pharmacy to which such medication as described in subdivision
one of this section is returned shall be permitted to receive, restock
and redistribute that medication.

3. The pharmacy to which such medication as described in subdivision
one of this section is returned shall be required to reimburse or credit
the purchaser of that medication for the unused medication that is
restocked and redistributed. No pharmacy shall be required to accept any
medication returned under subdivision one of this section.

4. Neither an individual patient or the state, if a patient is a
recipient of a state funded program, shall be charged for unused
medication which according to the provisions of this law is returned for
reimbursement or credit.

* NB There are 2 § 2803-e's