S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9093--A
                                 I N  A S S E M B L Y
                                    March 13, 2014
                                      ___________
       Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
         Committee on Higher Education -- committee discharged,  bill  amended,
         ordered reprinted as amended and recommitted to said committee
       AN  ACT  to amend the education law, in relation to the dispensing, by a
         pharmacist, of more than a ninety day supply  of  a  prescription  eye
         drop pursuant to a valid prescription
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 6810 of the education law is amended  by  adding  a
    2  new subdivision 15 to read as follows:
    3    15. (A) A PHARMACIST MAY DISPENSE NOT MORE THAN A NINETY DAY SUPPLY OF
    4  A  PRESCRIPTION EYE DROP PURSUANT TO A VALID PRESCRIPTION THAT SPECIFIES
    5  AN INITIAL QUANTITY OF LESS THAN A NINETY DAY SUPPLY FOLLOWED BY PERIOD-
    6  IC REFILLS OF THAT AMOUNT IF  ALL  OF  THE  FOLLOWING  REQUIREMENTS  ARE
    7  SATISFIED:
    8    (I)  THE  PATIENT  HAS  COMPLETED  AN INITIAL THIRTY DAY SUPPLY OF THE
    9  PRESCRIPTION EYE DROP.
   10    (II) THE TOTAL QUANTITY OF DOSAGE UNITS DISPENSED DOES NOT EXCEED  THE
   11  TOTAL  QUANTITY  OF  DOSAGE  UNITS  AUTHORIZED  BY THE PRESCRIBER ON THE
   12  PRESCRIPTION, INCLUDING REFILLS.
   13    (III) THE PRESCRIBER  HAS  NOT  SPECIFIED  ON  THE  PRESCRIPTION  THAT
   14  DISPENSING  THE  PRESCRIPTION  IN AN INITIAL AMOUNT FOLLOWED BY PERIODIC
   15  REFILLS IS MEDICALLY NECESSARY.
   16    (IV) THE PHARMACIST IS EXERCISING HIS OR HER PROFESSIONAL JUDGMENT.
   17    (B) FOR PURPOSES OF THIS SECTION, IF THE  PRESCRIPTION  CONTINUES  THE
   18  SAME  MEDICATION  AS  PREVIOUSLY  DISPENSED  IN A NINETY DAY SUPPLY, THE
   19  INITIAL THIRTY DAY SUPPLY UNDER SUBPARAGRAPH (I)  OF  PARAGRAPH  (A)  OF
   20  THIS SUBDIVISION IS NOT REQUIRED.
   21    (C)  A PHARMACIST DISPENSING AN INCREASED SUPPLY OF A PRESCRIPTION EYE
   22  DROP PURSUANT TO  THIS  SECTION  SHALL  NOTIFY  THE  PRESCRIBER  OF  THE
   23  INCREASE IN THE QUANTITY OF DOSAGE UNITS DISPENSED.
   24    (D)  IN  NO  CASE  SHALL  A  PHARMACIST DISPENSE A GREATER SUPPLY OF A
   25  PRESCRIPTION EYE  DROP  PURSUANT  TO  THIS  SECTION  IF  THE  PRESCRIBER
   26  PERSONALLY  INDICATES,  EITHER  ORALLY OR IN HIS OR HER OWN HANDWRITING,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14118-02-4
       A. 9093--A                          2
    1  "NO CHANGE TO QUANTITY," OR WORDS OF SIMILAR MEANING.  NOTHING  IN  THIS
    2  SUBDIVISION  SHALL  PROHIBIT  A  PRESCRIBER  FROM  CHECKING  A  BOX ON A
    3  PRESCRIPTION MARKED "NO CHANGE TO QUANTITY," PROVIDED THAT THE  PRESCRI-
    4  BER PERSONALLY INITIALS THE BOX OR CHECKMARK.
    5    (E)  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED TO REQUIRE A HEALTH
    6  CARE SERVICE PLAN, HEALTH INSURER, WORKERS' COMPENSATION INSURANCE PLAN,
    7  PHARMACY BENEFITS MANAGER, OR ANY OTHER PERSON OR ENTITY, INCLUDING, BUT
    8  NOT LIMITED TO, A STATE PROGRAM OR STATE EMPLOYER, TO  PROVIDE  COVERAGE
    9  FOR  A  PRESCRIPTION  EYE DROP IN A MANNER INCONSISTENT WITH A BENEFICI-
   10  ARY'S PLAN BENEFIT.
   11    S 2. This act shall take effect immediately.