Bill Text: NY A03918 | 2019-2020 | General Assembly | Introduced


Bill Title: Allows a prescription for a schedule II, III or IV controlled substance to be partially filled at the request of the prescriber or patient.

Spectrum: Slight Partisan Bill (Democrat 21-12)

Status: (Engrossed) 2019-06-17 - RETURNED TO ASSEMBLY [A03918 Detail]

Download: New_York-2019-A03918-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3918
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 31, 2019
                                       ___________
        Introduced   by   M.  of  A.  McDONALD,  D'URSO,  BRAUNSTEIN,  WILLIAMS,
          SEAWRIGHT,  COOK,  CAHILL,  RIVERA,  ARROYO,  BLANKENBUSH,  RAIA,  RA,
          LAWRENCE,  MORINELLO,  GOTTFRIED,  BLAKE, FAHY, OTIS, HAWLEY -- Multi-
          Sponsored by -- M. of A.   GALEF,  SIMON,  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 the dispensing of partially filled prescriptions
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 3333 of the public health law is amended by  adding
     2  a new subdivision 6 to read as follows:
     3    6. At the request of the prescriber or the patient, a prescription for
     4  a  schedule  II, schedule III or schedule IV controlled substance may be
     5  partially filled within thirty days from the date  of  issuance  of  the
     6  prescription.  The  remaining  quantity  of  the  prescription    may be
     7  dispensed separately within thirty days from the date of  issue  of  the
     8  prescription,  provided  that  the  controlled  substance  was  used  in
     9  conformity with directions for use and consistent with applicable feder-
    10  al regulations and regulations of the commissioner.
    11    § 2. Paragraph a of subdivision 1 of section  6816  of  the  education
    12  law,  as  amended by chapter 710 of the laws of 1988, is amended to read
    13  as follows:
    14    a. Any person, who, in putting up any drug, medicine, or food or prep-
    15  aration used in medical practice, or  making  up  any  prescription,  or
    16  filling  any  order  for  drugs, medicines, food or preparation puts any
    17  untrue label, stamp or other  designation  of  contents  upon  any  box,
    18  bottle or other package containing a drug, medicine, food or preparation
    19  used  in medical practice, or substitutes or dispenses a different arti-
    20  cle for or in lieu of any  article  prescribed,  ordered,  or  demanded,
    21  except  where required pursuant to section sixty-eight hundred sixteen-a
    22  of this article, or puts up a greater or lesser quantity of any ingredi-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07733-01-9

        A. 3918                             2
     1  ent specified in any  such  prescription,  order  or  demand  than  that
     2  prescribed, ordered or demanded, except where required pursuant to para-
     3  graph  (g)  of  subdivision two of section three hundred sixty-five-a of
     4  the  social  services  law  or  allowed pursuant to section thirty-three
     5  hundred thirty-three of the public health  law,  or  otherwise  deviates
     6  from  the terms of the prescription, order or demand by substituting one
     7  drug for another, except where required pursuant to section  sixty-eight
     8  hundred sixteen-a of this article, is guilty of a misdemeanor; provided,
     9  however,  that  except in the case of physicians' prescriptions, nothing
    10  herein contained shall be deemed or construed to prevent or impair or in
    11  any manner affect the right of an apothecary,  druggist,  pharmacist  or
    12  other  person  to  recommend  the purchase of an article other than that
    13  ordered, required or demanded, but of a similar nature, or to sell  such
    14  other  article  in  place  or in lieu of an article ordered, required or
    15  demanded, with the knowledge and consent of the purchaser. Upon a second
    16  conviction for  a  violation  of  this  section  the  offender  must  be
    17  sentenced  to  the  payment of a fine not to exceed one thousand dollars
    18  and may be sentenced to imprisonment for a term not to exceed one  year.
    19  The  third  conviction  of  a violation of any of the provisions of this
    20  section, in addition to rendering the offender  liable  to  the  penalty
    21  prescribed by law for a second conviction, shall forfeit any right which
    22  he  may  possess  under  the  law  of  this  state  at  the time of such
    23  conviction, to engage as proprietor, agent, employee  or  otherwise,  in
    24  the  business of an apothecary, pharmacist, or druggist, or to compound,
    25  prepare or dispense prescriptions or  orders  for  drugs,  medicines  or
    26  foods  or  preparations used in medical practice; and the offender shall
    27  be by reason of such conviction disqualified from engaging in  any  such
    28  business  as  proprietor,  agent,  employee or otherwise or compounding,
    29  preparing or dispensing medical prescriptions or orders for drugs, medi-
    30  cines, or foods or preparations used in medical practice.
    31    § 3. This act shall take effect on the first of January next  succeed-
    32  ing the date upon which it shall have become a law. Effective immediate-
    33  ly  the  addition,  amendment  and/or  repeal  of any rule or regulation
    34  necessary for the implementation of this act on its effective  date  are
    35  authorized to be made on or before such date.
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