Bill Text: NY A03253 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires manufacturer of nonprescription blood glucose self-testing equipment, devices and supplies to submit to the New York State Board of Pharmacy a comprehensive list of designated suppliers and authorized distributors of nonprescription blood glucose self-testing equipment, devices and supplies; prohibits pharmacists from distributing nonprescription blood glucose self-testing equipment, devices, and supplies or seeking reimbursement therefor when the pharmacist knows or has reason to know that the equipment did not come through an authorized supplier or distributor.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2022-01-05 - referred to higher education [A03253 Detail]

Download: New_York-2021-A03253-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3253

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 22, 2021
                                       ___________

        Introduced  by M. of A. McDONALD, SAYEGH, DICKENS, SEAWRIGHT, MORINELLO,
          DeSTEFANO, MONTESANO, GRIFFIN, MIKULIN, SCHMITT, ASHBY  --  read  once
          and referred to the Committee on Higher Education

        AN  ACT  to amend the education law, in relation to designated suppliers
          and authorized distributors of  nonprescription  blood  glucose  self-
          testing equipment, devices and supplies

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

     1    Section 1. The education law is amended by adding a new section 6808-c
     2  to read as follows:
     3    § 6808-c. Suppliers and  authorized  distributors  of  nonprescription
     4  blood  glucose  self-testing equipment, devices and supplies. 1. As used
     5  in this section, "nonprescription blood glucose self-testing  equipment,
     6  devices  and  supplies" means blood glucose monitors, continuous glucose
     7  monitors (CGM), blood glucose test strips, lancet devices  and  lancets,
     8  glucose control solutions for checking the accuracy of testing equipment
     9  and  test  strips,  supply  allowance for therapeutic continuous glucose
    10  monitors (CGM), including all supplies and accessories for  use  in  the
    11  treatment  of prediabetic or diabetic individuals that may be sold with-
    12  out a prescription and are labeled for use by the consumer in accordance
    13  with the requirements of the laws and rules of this state and the feder-
    14  al government.
    15    2. Within one hundred eighty  days  of  the  effective  date  of  this
    16  section, each manufacturer of nonprescription blood glucose self-testing
    17  equipment, devices and supplies shall submit to the state board of phar-
    18  macy  a  comprehensive  list  of  designated  suppliers  and  authorized
    19  distributors of nonprescription blood  glucose  self-testing  equipment,
    20  devices and supplies. Such manufacturers shall update the state board of
    21  pharmacy  when there are any changes to the list of designated suppliers
    22  and authorized distributors. Within ninety days of receiving that infor-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01887-01-1
        A. 3253                             2

     1  mation, such board shall post the  names  of  designated  suppliers  and
     2  authorized distributors on the department's website.
     3    3. It shall be unprofessional conduct for a pharmacist to:
     4    a.  dispense  nonprescription  blood  glucose  self-testing equipment,
     5  devices and supplies received from a person or entity that  the  pharma-
     6  cist  knew  or  reasonably  should  have  known was not a manufacturer's
     7  designated supplier or authorized distributor; or
     8    b. submit a reimbursement  claim  for  nonprescription  blood  glucose
     9  self-testing equipment, devices and supplies to a pharmaceutical benefit
    10  manager,  health  insurer, government agency, or other third-party payor
    11  when the pharmacist knew  or  reasonably  should  have  known  that  the
    12  diabetes test device was not purchased either directly from the manufac-
    13  turer  or from the nonprescription blood glucose self-testing equipment,
    14  devices and supplies manufacturer's designated  supplier  or  authorized
    15  distributor.
    16    § 2. This act shall take effect immediately.