Bill Text: NY A03873 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the accreditation of non-resident pharmacy, manufacturing, wholesale or outsourcing facilities that ship, mail or deliver prescription drugs or devices to other establishments, authorized prescribers and/or patients residing in New York.

Spectrum: Slight Partisan Bill (Democrat 13-7)

Status: (Introduced - Dead) 2020-01-08 - referred to higher education [A03873 Detail]

Download: New_York-2019-A03873-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3873
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 31, 2019
                                       ___________
        Introduced  by  M.  of  A. McDONALD, GALEF, MONTESANO, McDONOUGH, ORTIZ,
          DICKENS, GOTTFRIED, RIVERA -- Multi-Sponsored by --  M.  of  A.  COOK,
          D'URSO, SIMON, THIELE, WRIGHT -- read once and referred to the Commit-
          tee on Higher Education
        AN  ACT  to amend the education law, in relation to the accreditation of
          non-resident pharmacy, manufacturing, wholesale or outsourcing facili-
          ties that ship, mail or deliver prescription drugs or devices to other
          establishments, authorized prescribers and/or patients residing in New
          York
          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 6808-b of the education law, as
     2  amended by section 5 of part D of chapter 60 of the  laws  of  2014,  is
     3  amended,  subdivisions 6, 7, 8 and 9 are renumbered 7, 8, 9 and 10 and a
     4  new subdivision 6 is added to read as follows:
     5    1. [Definition.] Definitions. a. The term "nonresident  establishment"
     6  shall mean any pharmacy, manufacturer, wholesaler, third-party logistics
     7  provider  or  outsourcing  facility  located  outside  of the state that
     8  ships, mails or delivers prescription drugs or devices to  other  estab-
     9  lishments,  authorized  prescribers  and/or  patients  residing  in this
    10  state. Such establishments shall include, but not be limited to, pharma-
    11  cies that transact business through the use of the internet.
    12    b. The term "third-party logistics provider" shall mean an entity that
    13  provides or coordinates warehousing, distribution, or other services  on
    14  behalf  of  a  manufacturer, but does not take title to the prescription
    15  drug or have general responsibility to direct  the  prescription  drug's
    16  sale or disposition.
    17    6.  Additional  requirements. Non-resident wholesalers and third-party
    18  logistics providers registered pursuant to this section and  engaged  in
    19  the  act  of wholesale drug distribution shall be accredited pursuant to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00576-01-9

        A. 3873                             2
     1  the verified-accredited wholesale distributor  program  administered  by
     2  the national association of boards of pharmacy.
     3    §  2.  Paragraph  e  of subdivision 2 of section 6808 of the education
     4  law, as amended by chapter 62 of the laws of 1989, is amended to read as
     5  follows:
     6    e. Conduct of a pharmacy. Every owner of a pharmacy is responsible for
     7  the strength, quality, purity and the labeling  thereof  of  all  drugs,
     8  toxic  substances,  devices and cosmetics, dispensed or sold, subject to
     9  the guaranty provisions of this  article  and  the  public  health  law.
    10  Every  New  York  state  registered  pharmacy  shall  purchase or obtain
    11  prescription drugs and devices directly from authorized manufacturers or
    12  at wholesale only from New York state registered wholesalers,  or  those
    13  non-resident establishments registered by the department. Every owner of
    14  a  pharmacy or every pharmacist in charge of a pharmacy shall be respon-
    15  sible for the proper conduct of this pharmacy. Every pharmacy  shall  be
    16  under  the immediate supervision and management of a licensed pharmacist
    17  at all hours when open. No pharmacist shall have personal supervision of
    18  more than one pharmacy at the same time.
    19    § 3. This act shall take effect on the three hundred  sixty-fifth  day
    20  after  it  shall have become a law.  Effective immediately the addition,
    21  amendment and/or repeal of any rule  or  regulation  necessary  for  the
    22  implementation  of  this  act on its effective date are authorized to be
    23  made on or before such date.
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