Bill Text: NY A05377 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires prescription drug containers be labeled with a description of the size, shape, color and imprint of the prescription drug it contains.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2022-01-05 - referred to higher education [A05377 Detail]

Download: New_York-2021-A05377-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5377

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 16, 2021
                                       ___________

        Introduced by M. of A. SAYEGH -- read once and referred to the Committee
          on Higher Education

        AN ACT to amend the education law, in relation to requiring prescription
          drug  containers  be  labeled  with  a description of the size, shape,
          color and imprint of the prescription drug it contains

          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 6810 of the education law, as
     2  amended by section 2 of part V of chapter 57 of the  laws  of  2012,  is
     3  amended to read as follows:
     4    1.  No  drug for which a prescription is required by the provisions of
     5  the Federal Food, Drug and Cosmetic Act or by the commissioner of health
     6  shall  be  distributed  or  dispensed  to  any  person  except  upon   a
     7  prescription  written  by  a  person  legally  authorized  to issue such
     8  prescription. Such drug shall be compounded or dispensed by  a  licensed
     9  pharmacist,  and no such drug shall be dispensed without affixing to the
    10  immediate container in which the drug is sold or dispensed a label bear-
    11  ing the name and address of the owner of the establishment in  which  it
    12  was dispensed, the date compounded, the number of the prescription under
    13  which it is recorded in the pharmacist's prescription files, the name of
    14  the  prescriber,  the  name  and  address  of  the  patient,  a physical
    15  description of the drug including, but not limited to, the size,  shape,
    16  color,  and  imprint  of the drug, and the directions for the use of the
    17  drug by the patient as given upon the  prescription.  All  labels  shall
    18  conform to such rules and regulations as promulgated by the commissioner
    19  pursuant to section sixty-eight hundred twenty-nine of this article. The
    20  prescribing  and  dispensing  of  a drug which is a controlled substance
    21  shall be subject to additional requirements provided in article  thirty-
    22  three  of  the  public  health  law.  The words "drug" and "prescription
    23  required drug" within the meaning of this article shall not be construed
    24  to include soft or hard contact lenses, eyeglasses, or any other  device

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09501-01-1
        A. 5377                             2

     1  for  the  aid or correction of vision. Nothing in this subdivision shall
     2  prevent a pharmacy from furnishing a drug to another pharmacy which does
     3  not have such drug in stock for the purpose of filling a prescription.
     4    §  2.  This  act shall take effect on the ninetieth day after it shall
     5  have become a law.