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

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.