Bill Text: NY A03083 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires the consent of the patient or an authorized individual to consent on the patient's behalf before a prescription is delivered.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to higher education [A03083 Detail]

Download: New_York-2021-A03083-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3083

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 22, 2021
                                       ___________

        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee on Higher Education

        AN  ACT to amend the education law, in relation to requiring the consent
          of the patient or an authorized individual to consent on the patient's
          behalf before a prescription is delivered

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

     1    Section  1.  Subdivision  2  of  section 6810 of the education law, as
     2  amended by chapter 413 of the laws  of  2014,  the  second  undesignated
     3  paragraph  of paragraph (a) as amended by section 7 of part A of chapter
     4  57 of the laws of 2015, is amended to read as follows:
     5    2. (a) A prescription may not be refilled unless it bears  a  contrary
     6  instruction  and  indicates  on  its  face the number of times it may be
     7  refilled. A prescription may not be refilled more times than allowed  on
     8  the  prescription.  The  date of each refilling must be indicated on the
     9  original prescription. Prescriptions for controlled substances shall  be
    10  refilled only pursuant to article thirty-three of the public health law.
    11    A  pharmacy  registered with the department pursuant to section sixty-
    12  eight hundred eight or sixty-eight hundred eight-b of this  article  may
    13  not  deliver  a  new  or  refilled prescription off premises without the
    14  express consent of the patient or an individual authorized to consent on
    15  the patient's behalf or action taken in lieu of indicating  the  express
    16  consent of the patient to receive the prescription.  For the purposes of
    17  this  section,  express  consent [may be obtained in the same manner and
    18  process by which consent is deemed acceptable under the federal Medicare
    19  Part D program] shall include at least one of the following:
    20    (1) the patient or  authorized  individual's  physical  or  electronic
    21  signature authorizing each prescription delivered;
    22    (2)  the pharmacy may contact the patient or authorized individual for
    23  verbal, electronic or written  consent  to  deliver  and  must  document
    24  consent in the patient record; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01894-01-1
        A. 3083                             2

     1    (3)  for  pharmacies  that  administer  refill  reminder or medication
     2  adherence programs and deliver off premises, if an  express  consent  is
     3  not  received  on each prescription, then the refill reminder program or
     4  medication adherence program shall be an OPT-IN program that is  updated
     5  as to patient consent every one hundred eighty days.
     6    (b)  Pharmacy  providers  who  deliver  medication  without patient or
     7  authorized individual express consent will be  required  to  accept  the
     8  return  of  the medication from the patient, provide that patient credit
     9  for any charges they may have paid, provide credit to the  medical  plan
    10  for charges paid, and will be required to destroy those medications sent
    11  without  consent  on  delivery  in  accordance with applicable state and
    12  federal law. Nothing in this section shall be deemed to  interfere  with
    13  the  requirements  for refill reminder or medication adherence programs.
    14  Nothing in this section is intended to apply to long-term care  pharmacy
    15  dispensing and delivery.
    16    (c)  Pharmacy providers who deliver medications shall provide a state-
    17  ment of rights upon delivery  on  an  annual  basis  that  outlines  the
    18  patient's rights regarding consent and prescription delivery options.
    19    § 2. This act shall take effect immediately.