Bill Text: NY A07217 | 2017-2018 | 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: Moderate Partisan Bill (Democrat 12-3)
Status: (Introduced - Dead) 2018-01-03 - referred to higher education [A07217 Detail]
Download: New_York-2017-A07217-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7217 2017-2018 Regular Sessions IN ASSEMBLY April 12, 2017 ___________ Introduced by M. of A. McDONALD -- 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 20 the verified-accredited wholesale distributor program administered by 21 the national association of boards of pharmacy. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10964-01-7A. 7217 2 1 § 2. Paragraph e of subdivision 2 of section 6808 of the education 2 law, as amended by chapter 62 of the laws of 1989, is amended to read as 3 follows: 4 e. Conduct of a pharmacy. Every owner of a pharmacy is responsible for 5 the strength, quality, purity and the labeling thereof of all drugs, 6 toxic substances, devices and cosmetics, dispensed or sold, subject to 7 the guaranty provisions of this article and the public health law. 8 Every New York state registered pharmacy shall purchase or obtain 9 prescription drugs and devices directly from authorized manufacturers or 10 at wholesale only from New York state registered wholesalers, or those 11 non-resident establishments registered by the department. Every owner of 12 a pharmacy or every pharmacist in charge of a pharmacy shall be respon- 13 sible for the proper conduct of this pharmacy. Every pharmacy shall be 14 under the immediate supervision and management of a licensed pharmacist 15 at all hours when open. No pharmacist shall have personal supervision of 16 more than one pharmacy at the same time. 17 § 3. This act shall take effect on the three hundred sixty-fifth day 18 after it shall have become a law.
