Bill Text: NY A01982 | 2021-2022 | General Assembly | Introduced

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Bill Title: Prohibits a pharmacist from substituting any anti-epileptic drug for the prescribed anti-epileptic drug without notification of and the informed consent of the prescriber and patient or such patient's parent, guardian or spouse.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2022-01-05 - referred to higher education [A01982 Detail]

Download: New_York-2021-A01982-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1982

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by M. of A. AUBRY -- Multi-Sponsored by -- M. of A. BENEDET-
          TO, CAHILL, COLTON, PERRY, J. RIVERA,  L. ROSENTHAL,  THIELE  --  read
          once and referred to the Committee on Higher Education

        AN ACT to amend the public health law and the education law, in relation
          to  requiring notification of and the informed consent of the prescri-
          ber and the patient prior to the substitution of a prescribed anti-ep-
          ileptic drug

          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  3346 to read as follows:
     3    § 3346. Anti-epileptic drug product selection prohibited. 1.  As  used
     4  in this section:
     5    (a) "Anti-epileptic drug" means (i) any drug prescribed for the treat-
     6  ment of epilepsy or (ii) a drug used to treat or prevent seizures.
     7    (b)  "Epilepsy" means a neurological condition characterized by recur-
     8  rent seizures.
     9    (c) "Seizure" means an acute clinical  change  secondary  to  a  brief
    10  disturbance in the electrical activity of the brain.
    11    (d)  "Interchange"  means  the substitution of one version of the same
    12  anti-epileptic therapeutic product, including a generic version for  the
    13  prescribed  brand, a brand version for the prescribed generic version, a
    14  generic version by one manufacturer for a generic version by a different
    15  manufacturer, a different formulation of the  prescribed  anti-epileptic
    16  drug  or  a  different  anti-epileptic  therapeutic drug product for the
    17  anti-epileptic product originally prescribed.
    18    2. No pharmacist shall interchange an anti-epileptic  drug  or  formu-
    19  lation of an anti-epileptic drug, brand or generic, for the treatment of
    20  epileptic  seizures  without  the  prior  notification of and the signed
    21  informed consent of such interchange from the prescribing physician  and
    22  the patient, or the patient's parent, legal guardian or spouse.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00447-01-1
        A. 1982                             2

     1    §  2.  The opening paragraph of subdivision 1 of section 6816-a of the
     2  education law, as added by chapter 776 of the laws of 1977,  is  amended
     3  to read as follows:
     4    [A]  Except  as  provided in section thirty-three hundred forty-six of
     5  the public health law, a pharmacist shall substitute  a  less  expensive
     6  drug  product  containing  the  same active ingredients, dosage form and
     7  strength as the drug product prescribed, ordered or  demanded,  provided
     8  that the following conditions are met:
     9    § 3. This act shall take effect immediately.