Requires a personal use pharmaceutical disposal system be provided at the time of dispensing an opioid prescription

S T A T E O F N E W Y O R K ________________________________________________________________________ 5086--A 2023-2024 Regular Sessions I N A S S E M B L Y March 2, 2023 ___________ Introduced by M. of A. GUNTHER -- read once and referred to the Commit- tee 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 requiring a personal use pharmaceutical disposal system be provided at the time of dispensing an opioid 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. OPIOID PERSONAL USE PHARMACEUTICAL DISPOSAL SYSTEMS. 1. NO PERSON IN THE STATE SHALL DISPENSE AN OPIOID PRESCRIPTION TO THE ULTI- MATE USER OF SUCH PRESCRIBED OPIOID UNLESS SUCH PERSON ADDITIONALLY PROVIDES TO SUCH ULTIMATE USER A PERSONAL USE PHARMACEUTICAL DISPOSAL SYSTEM AT NO COST TO SUCH ULTIMATE USER. 2. 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 OPIOID TO DEACTIVATE THE PRESCRIBED OPIOID TO A NON-RETRIEVABLE CONDITION OR STATE. (B) "ULTIMATE USER" MEANS A PERSON WHO HAS LAWFULLY OBTAINED, AND WHO POSSESSES, A PRESCRIBED OPIOID FOR HIS OR HER OWN USE OR FOR THE USE OF A MEMBER OF HIS OR HER HOUSEHOLD. § 2. This act shall take effect on the one hundred eightieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06902-03-3