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A05086 Summary:

BILL NOA05086
 
SAME ASNo Same As
 
SPONSORGunther
 
COSPNSR
 
MLTSPNSR
 
Add §3309-c, Pub Health L
 
Requires a personal use pharmaceutical disposal system be provided at the time of dispensing an opioid prescription at no cost to the ultimate user of such prescribed opioid.
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A05086 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5086
 
SPONSOR: Gunther
  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 an opioid prescription   PURPOSE: This legislation would require pharmacies to provide a personal use pharmaceutical disposal system at the time of dispensing an opioid prescription.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the public health law by adding a new section, 3309-b, which does the following: 1. Requires pharmacies to include a personal use pharmaceutical disposal system with all opioid prescriptions 2. Requires county health departments to provide the personal use phar- maceutical disposal systems at no cost to the pharmacy. The systems must be provided to the county by either the manufacturer of each opioid at no cost to the county health department or acquired by the county health department through the use of funds made available from the opioid settlement fund. 3. Allows a county health department to establish administrative proce- dures to implement the section A. Defines "personal use pharmaceutical disposal system"- and "ultimate user" Section 2 establishes an effective date of 180 days after the bill shall have become law.   JUSTIFICATION: More than 100,000 Americans died from drug overdoses between May 2020 and April 2021-the most ever recorded in a single year-according to the Centers for Disease Control and Prevention. The number of drug overdose deaths was up almost 30% from the 78,000 deaths in the prior year, and was nearly three time that of traffic accident deaths during the same period. According to the Center for Disease Control. (CDC), there have been three distinct waves of opioid overdose deaths.(1) The first wave began in the 1990s with the prescribing of opioids by doctors, and then an increase of these prescriptions since at least 1999. The second wave began in 2010 with "rapid increases in overdose deaths involving heroin." The third wave began in 2013, "with significant increases in overdose deaths involving synthetic opioids," such as fentanyl. In 2021, the Office of the New York State Attorney General announced a settlement in the March 2019 lawsuit against various manufacturers and distributors, resulting in up to $1.6 billion in funds going to counties across the state.(2) County Executives of America, which was a party to numerous lawsuits against opioid manufacturers and distributors, requested that language similar to this legislation be included in the final language of the settlement. While that language was ultimately not included, this legislation seeks to accomplish the same goal of requir- ing that personal use pharmaceutical disposal systems accompany all opioid prescriptions dispensed at pharmacies in New York State.   LEGISLATIVE HISTORY: 2022: A9103 referred to Health/S7605 referred to Health   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the 180th day after it shall have become law.
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A05086 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5086
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 2, 2023
                                       ___________
 
        Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
          tee 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 an opioid prescription
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The public health law is amended by adding  a  new  section
     2  3309-c to read as follows:
     3    §  3309-c.  Opioid personal use pharmaceutical disposal systems. 1. No
     4  person in the state shall dispense an opioid prescription to  the  ulti-
     5  mate  user  of  such  prescribed  opioid unless such person additionally
     6  provides to such ultimate user a personal  use  pharmaceutical  disposal
     7  system at no cost to such ultimate user.
     8    2. Each county health department shall provide personal use pharmaceu-
     9  tical  disposal  systems  to  each pharmacy in such county at no cost to
    10  such pharmacy to be distributed pursuant to the provisions  of  subdivi-
    11  sion one of this section. Personal  use  pharmaceutical disposal systems
    12  shall  either  be  provided  to  each  county  health  department by the
    13  manufacturer of each opioid distributed in such county  at  no  cost  to
    14  such  county health department, or acquired by the county health depart-
    15  ment through the use of funds made available from the opioid  settlement
    16  fund established pursuant to section ninety-nine-nn of the state finance
    17  law.
    18    3.  A county health department may establish administrative procedures
    19  to implement the provisions of this section.
    20    4. As used in this section:
    21    (a) "Personal use pharmaceutical disposal  system"  means  a  portable
    22  product  designed  for personal use by the ultimate user for the purpose
    23  of allowing the ultimate user of a prescribed opioid to  deactivate  the
    24  prescribed opioid to a non-retrievable condition or state.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06902-02-3

        A. 5086                             2
 
     1    (b)  "Ultimate user" means a person who has lawfully obtained, and who
     2  possesses, a prescribed opioid for his or her own use or for the use  of
     3  a member of his or her household.
     4    § 2. This act shall take effect on the one hundred eightieth day after
     5  it shall have become a law.
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