N.Y. Public Health Law § 2803-e: Residential health care facilities; return and redistribution of unused medication

* § 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