Bill Text: NY S08694 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires prescription drug containers be labeled with a description of the size, shape, color and imprint of the prescription drug it contains.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-01 - REFERRED TO HIGHER EDUCATION [S08694 Detail]

Download: New_York-2023-S08694-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8694

                    IN SENATE

                                      March 1, 2024
                                       ___________

        Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education

        AN ACT to amend the education law, in relation to requiring prescription
          drug containers be labeled with a  description  of  the  size,  shape,
          color and imprint of the prescription drug it contains

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 6810  of  the  education  law,  as
     2  amended  by  section  2  of part V of chapter 57 of the laws of 2012, is
     3  amended to read as follows:
     4    1. No drug for which a prescription is required by the  provisions  of
     5  the Federal Food, Drug and Cosmetic Act or by the commissioner of health
     6  shall   be  distributed  or  dispensed  to  any  person  except  upon  a
     7  prescription written by  a  person  legally  authorized  to  issue  such
     8  prescription.  Such  drug shall be compounded or dispensed by a licensed
     9  pharmacist, and no such drug shall be dispensed without affixing to  the
    10  immediate container in which the drug is sold or dispensed a label bear-
    11  ing  the  name and address of the owner of the establishment in which it
    12  was dispensed, the date compounded, the number of the prescription under
    13  which it is recorded in the pharmacist's prescription files, the name of
    14  the prescriber,  the  name  and  address  of  the  patient,  a  physical
    15  description  of the drug including, but not limited to, the size, shape,
    16  color, and imprint of the drug, and the directions for the  use  of  the
    17  drug  by  the  patient  as given upon the prescription. All labels shall
    18  conform to such rules and regulations as promulgated by the commissioner
    19  pursuant to section sixty-eight hundred twenty-nine of this article. The
    20  prescribing and dispensing of a drug which  is  a  controlled  substance
    21  shall  be subject to additional requirements provided in article thirty-
    22  three of the public health  law.  The  words  "drug"  and  "prescription
    23  required drug" within the meaning of this article shall not be construed
    24  to  include soft or hard contact lenses, eyeglasses, or any other device
    25  for the aid or correction of vision. Nothing in this  subdivision  shall
    26  prevent a pharmacy from furnishing a drug to another pharmacy which does
    27  not have such drug in stock for the purpose of filling a prescription.
    28    §  2.  This  act shall take effect on the ninetieth day after it shall
    29  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01773-01-3