Bill Text: NY A09528 | 2015-2016 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to authorizing pharmacists to refill non-controlled substance prescriptions for quantities of drugs not to exceed a ninety day supply.
Spectrum: Slight Partisan Bill (Democrat 18-7)
Status: (Vetoed) 2016-11-28 - tabled [A09528 Detail]
Download: New_York-2015-A09528-Introduced.html
Bill Title: Relates to authorizing pharmacists to refill non-controlled substance prescriptions for quantities of drugs not to exceed a ninety day supply.
Spectrum: Slight Partisan Bill (Democrat 18-7)
Status: (Vetoed) 2016-11-28 - tabled [A09528 Detail]
Download: New_York-2015-A09528-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9528 IN ASSEMBLY March 10, 2016 ___________ Introduced by M. of A. SIMANOWITZ -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to authorizing pharma- cists to refill non-controlled substance prescriptions for quantities of drugs not to exceed a ninety day supply, subject to certain condi- tions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of paragraph (a) of subdivision 2 of 2 section 6810 of the education law, as amended by chapter 413 of the laws 3 of 2014, is amended to read as follows: 4 A prescription may not be refilled unless it bears a contrary instruc- 5 tion and indicates on its face the number of times it may be refilled. A 6 prescription may not be refilled more times than allowed on the 7 prescription. The date of each refilling must be indicated on the 8 original prescription. Prescriptions for controlled substances shall be 9 refilled only pursuant to article thirty-three of the public health law. 10 A pharmacist may exercise his or her professional judgement in refilling 11 a prescription for a quantity of a drug greater than the initial quanti- 12 ty of a drug prescribed by the prescribing practitioner provided that: 13 (i) such refill is made after the patient's initial prescription is 14 dispensed; 15 (ii) such refill does not exceed a ninety day supply of such drug and 16 does not exceed the total quantity of such drug authorized by the pres- 17 criber; 18 (iii) the prescriber has not indicated that the initial quantity or 19 refill quantity of the prescribed drug shall not be changed; 20 (iv) such drug is not a controlled substance; 21 (v) the pharmacist informs the prescriber of such refill as soon as is 22 reasonably possible, but no later than forty-eight hours after such 23 refill is made; and 24 (vi) the patient's health insurance policy or health benefit plan, if 25 any, will cover the refill quantity dispensed, without additional co-in- 26 surance, deductible or other out-of-pocket expense required from such 27 patient. 28 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14611-01-6