Bill Text: NY A07595 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires pharmacies to post notice of the professional misconduct complaint process.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to higher education [A07595 Detail]

Download: New_York-2011-A07595-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7595
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 10, 2011
                                      ___________
       Introduced by M. of A. TITONE -- read once and referred to the Committee
         on Higher Education
       AN ACT to amend the education law and the public health law, in relation
         to  providing  public  notice of the education department professional
         misconduct complaint process relating to pharmacies
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  4  of  section 6826 of the education law, as
    2  amended by chapter 293 of the laws of 2005, is amended and a new  subdi-
    3  vision 4-a is added to read as follows:
    4    4.  Pharmacies  shall  have  a  sign notifying people of BOTH: (A) the
    5  availability of the drug retail price list and the availability  of  the
    6  department  of  health  prescription drug retail price list database and
    7  the web address of that  database,  AND  (B)  THE  JURISDICTION  OF  THE
    8  DEPARTMENT  TO  ACCEPT  AND INVESTIGATE COMPLAINTS ABOUT ALLEGED PROFES-
    9  SIONAL MISCONDUCT, INCLUDING THE PRESCRIPTION DISPENSING PROCESS,  COUN-
   10  SELING  RELATED  ISSUES  AND  LICENSURE  ISSUES. EACH SUCH SIGN SHALL BE
   11  conspicuously posted at or adjacent to the place in the  pharmacy  where
   12  prescriptions are presented for compounding and dispensing, in the wait-
   13  ing area for customers, or in the area where prescribed drugs are deliv-
   14  ered.
   15    4-A. THE NOTICE REQUIRED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FOUR
   16  OF THIS SECTION SHALL INCLUDE THE TELEPHONE NUMBER, INTERNET WEB ADDRESS
   17  AND  ELECTRONIC MAIL ADDRESS OF THE DEPARTMENT.  PROVIDED, FURTHER, THAT
   18  THE PROVISIONS OF SUCH PARAGRAPH SHALL NOT APPLY TO ANY  PHARMACY  IN  A
   19  HOSPITAL  OR  RESIDENTIAL  HEALTH  CARE  FACILITY, AS DEFINED IN SECTION
   20  TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, WHICH DISPENSES DRUGS
   21  TO PATIENTS ADMITTED TO SUCH HOSPITAL OR FACILITY.
   22    S 2. Section 276-a of the public health law is amended by adding a new
   23  subdivision 3-a to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04765-01-1
       A. 7595                             2
    1    3-A. THE PRESCRIPTION DRUG RETAIL PRICE LIST DATABASE  POSTED  ON  THE
    2  DEPARTMENT'S INTERNET WEBSITE SHALL INCLUDE A NOTICE ON THE JURISDICTION
    3  OF  THE  EDUCATION DEPARTMENT TO ACCEPT AND INVESTIGATE COMPLAINTS ABOUT
    4  ALLEGED PROFESSIONAL MISCONDUCT BY PHARMACISTS AND PHARMACIES, INCLUDING
    5  THE  PRESCRIPTION DRUG DISPENSING PROCESS, COUNSELING RELATED ISSUES AND
    6  LICENSURE ISSUES, AS REQUIRED BY PARAGRAPH (B) OF  SUBDIVISION  FOUR  OF
    7  SECTION SIXTY-EIGHT HUNDRED TWENTY-SIX OF THE EDUCATION LAW.
    8    S 3. This act shall take effect on the one hundred eightieth day after
    9  it shall have become a law.