Bill Text: NY A05742 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to the dispensing of glucagon; authorizes a pharmacist to dispense any Food and Drug Administration approved glucagon medication to an insulin using person regardless if the person currently has or previously has had a prescription for glucagon.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to higher education [A05742 Detail]

Download: New_York-2021-A05742-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5742

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 24, 2021
                                       ___________

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

        AN  ACT to amend the public health law, in relation to the dispensing of
          glucagon

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

     1    Section  1.  The  public health law is amended by adding a new section
     2  279-a to read as follows:
     3    § 279-a. Dispensing of glucagon. Notwithstanding any other  provisions
     4  of  law  to  the  contrary,  a pharmacist may dispense any Food and Drug
     5  Administration approved glucagon medication to an insulin  using  person
     6  regardless  if  the  person  currently  has  or  previously  has  had  a
     7  prescription for glucagon.
     8    1. (a) A health care professional may prescribe by a  patient-specific
     9  or  non-patient-specific  prescription, dispense or distribute, directly
    10  or indirectly, an order of glucagon to a glucagon recipient;
    11    (b) A  pharmacist  may  dispense  an  order  of  glucagon,  through  a
    12  patient-specific  or  non-patient-specific prescription pursuant to this
    13  section, to a glucagon recipient;
    14    (c) The provisions of this section shall not be deemed  to  require  a
    15  prescription for any order of glucagon that does not otherwise require a
    16  prescription;  nor shall it be deemed to limit the authority of a health
    17  care professional to prescribe, dispense or distribute, or of a  pharma-
    18  cist to dispense, an order of glucagon under any other provision of law,
    19  provided that:
    20    (i)  any  dispensing of glucagon under this section shall be done only
    21  in accordance with a physician-approved protocol and shall  specify  the
    22  minimum required components of any such protocol;
    23    (ii) the person to whom glucagon is dispensed shall be educated by the
    24  pharmacist  as to the mechanism and circumstances for the administration
    25  of glucagon; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03788-01-1
        A. 5742                             2

     1    (iii) a record of the dispensing of glucagon shall be  made  available
     2  to the patient's physician and to the physician signing a protocol under
     3  this subdivision, if required by the physician or physicians.
     4    2.  Reimbursement  is  the  responsibility of the person obtaining the
     5  glucagon consistent with the requirements of his or  her  health  insur-
     6  ance.  The  pharmacist shall counsel an uninsured person on any existing
     7  programs that aid in access to glucagon.
     8    § 2. This act shall take effect immediately.