Bill Text: NY A09093 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the dispensing, by a pharmacist, of more than a ninety day supply of a prescription eye drop pursuant to a valid prescription.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-15 - print number 9093a [A09093 Detail]

Download: New_York-2013-A09093-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9093
                                 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
       AN ACT to amend the education law, in relation to the dispensing,  by  a
         pharmacist,  of  more  than  a  ninety  day supply of a dangerous drug
         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 14 to read as follows:
    3    14. (A) A "DANGEROUS DRUG" IS DEFINED  AS  ANY  DRUG  THAT  BEARS  THE
    4  LEGEND:    "CAUTION:    FEDERAL   LAW   PROHIBITS   DISPENSING   WITHOUT
    5  PRESCRIPTION," "RX ONLY," OR WORDS OF SIMILAR IMPORT.
    6    (B) A PHARMACIST MAY DISPENSE NOT MORE THAN A NINETY DAY SUPPLY  OF  A
    7  DANGEROUS  DRUG,  OTHER THAN A CONTROLLED SUBSTANCE, PURSUANT TO A VALID
    8  PRESCRIPTION THAT SPECIFIES AN INITIAL QUANTITY OF LESS  THAN  A  NINETY
    9  DAY  SUPPLY  FOLLOWED  BY  PERIODIC REFILLS OF THAT AMOUNT IF ALL OF THE
   10  FOLLOWING REQUIREMENTS ARE SATISFIED:
   11    (I) THE PATIENT HAS COMPLETED AN INITIAL  THIRTY  DAY  SUPPLY  OF  THE
   12  DANGEROUS DRUG.
   13    (II)  THE TOTAL QUANTITY OF DOSAGE UNITS DISPENSED DOES NOT EXCEED THE
   14  TOTAL QUANTITY OF DOSAGE UNITS  AUTHORIZED  BY  THE  PRESCRIBER  ON  THE
   15  PRESCRIPTION, INCLUDING REFILLS.
   16    (III)  THE  PRESCRIBER  HAS  NOT  SPECIFIED  ON  THE PRESCRIPTION THAT
   17  DISPENSING THE PRESCRIPTION IN AN INITIAL AMOUNT  FOLLOWED  BY  PERIODIC
   18  REFILLS IS MEDICALLY NECESSARY.
   19    (IV) THE PHARMACIST IS EXERCISING HIS OR HER PROFESSIONAL JUDGMENT.
   20    (C)  FOR  PURPOSES  OF THIS SECTION, IF THE PRESCRIPTION CONTINUES THE
   21  SAME MEDICATION AS PREVIOUSLY DISPENSED IN  A  NINETY  DAY  SUPPLY,  THE
   22  INITIAL  THIRTY  DAY  SUPPLY  UNDER SUBPARAGRAPH (I) OF PARAGRAPH (B) OF
   23  THIS SUBDIVISION IS NOT REQUIRED.
   24    (D) A PHARMACIST DISPENSING AN INCREASED SUPPLY OF  A  DANGEROUS  DRUG
   25  PURSUANT  TO THIS SECTION SHALL NOTIFY THE PRESCRIBER OF THE INCREASE IN
   26  THE QUANTITY OF DOSAGE UNITS DISPENSED.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14118-01-4
       A. 9093                             2
    1    (E) IN NO CASE SHALL A PHARMACIST  DISPENSE  A  GREATER  SUPPLY  OF  A
    2  DANGEROUS  DRUG  PURSUANT  TO  THIS SECTION IF THE PRESCRIBER PERSONALLY
    3  INDICATES, EITHER ORALLY OR IN HIS OR HER OWN HANDWRITING, "NO CHANGE TO
    4  QUANTITY," OR WORDS OF SIMILAR  MEANING.  NOTHING  IN  THIS  SUBDIVISION
    5  SHALL PROHIBIT A PRESCRIBER FROM CHECKING A BOX ON A PRESCRIPTION MARKED
    6  "NO  CHANGE  TO  QUANTITY,"  PROVIDED  THAT  THE  PRESCRIBER  PERSONALLY
    7  INITIALS THE BOX OR CHECKMARK.
    8    (F) NOTHING IN THIS SECTION SHALL BE CONSTRUED  TO  REQUIRE  A  HEALTH
    9  CARE SERVICE PLAN, HEALTH INSURER, WORKERS' COMPENSATION INSURANCE PLAN,
   10  PHARMACY BENEFITS MANAGER, OR ANY OTHER PERSON OR ENTITY, INCLUDING, BUT
   11  NOT  LIMITED  TO, A STATE PROGRAM OR STATE EMPLOYER, TO PROVIDE COVERAGE
   12  FOR A DANGEROUS DRUG IN A MANNER INCONSISTENT WITH A BENEFICIARY'S  PLAN
   13  BENEFIT.
   14    S 2. This act shall take effect immediately.