N.Y. Pub. Health Law § 3343-b
Safe disposal of unused controlled substances
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2020
As of January 1, 2015
§ 3343-b. Safe disposal of unused controlled substances. 1. The\ndepartment shall establish a program for the safe disposal of unused\ncontrolled substances by consumers in accordance with federal law. The\nprogram shall permit individual members of the public to voluntarily\nsurrender controlled substances listed on schedule II, III, IV or V of\nsection thirty-three hundred six of this article in a secure manner,\nwithout identifying themselves, and shall be publicized consistent with\nthe prescription pain medication awareness program established pursuant\nto section thirty-three hundred nine-a of this article.\n 2. The surrender of a controlled substance pursuant to the program\nestablished pursuant to this section shall not constitute the\npossession, transfer or sale of such controlled substance for purposes\nof this article or the penal law.\n 3. In developing such program, the department shall consider the\nfollowing: appropriate sites for disposal throughout the state; the role\nof law enforcement and federal authorities, as appropriate; and the\nmanner in which potential costs to localities or to the state will be\naddressed. Disposal sites shall be operated by law enforcement agencies\nand pharmacies on a voluntary basis in collaboration with the\ndepartment. Nothing in this section shall require any political\nsubdivision of the state to participate in the program established in\nthis section.\n 4. A licensed pharmacy designated by the commissioner may be a\ndisposal site under this section for the functions of accepting\nsurrender of controlled substances from consumers, temporarily storing\nthe controlled substances, and transferring the controlled substances to\nan authorized disposal site.\n 5. The commissioner shall make regulations under this section,\nincluding (in consultation with the commissioner of education)\nregulations relating to pharmacies in the program.\n
§ 3343-b. Safe disposal of unused controlled substances. 1. The\ndepartment shall oversee a program for the safe disposal of unused\ncontrolled substances by consumers in accordance with federal law and\narticle two-B of this chapter. Individual members of the public shall be\nauthorized to voluntarily surrender controlled substances listed on\nschedule II, III, IV or V of section thirty-three hundred six of this\narticle in a secure manner, without identifying themselves. Safe\ndisposal methods shall be publicized consistent with the prescription\npain medication awareness program established pursuant to section\nthirty-three hundred nine-a of this article and article two-B of this\nchapter.\n 2. The surrender of a controlled substance pursuant to this section\nand article two-B of this chapter shall not constitute the possession,\ntransfer or sale of such controlled substance for purposes of this\narticle or the penal law.\n 3. Except as provided in article two-B of this chapter, disposal sites\nshall be operated by law enforcement agencies, pharmacies and other\nFederal Drug Enforcement Administration authorized collectors on a\nvoluntary basis, provided, however, that such disposal sites shall not\nbe precluded from operating as part of a drug take back program\nestablished pursuant to article two-B of this chapter. Nothing in this\nsection shall require any political subdivision of the state to\nparticipate in the program established in this section.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.