Bill Text: NY A10392 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to the dispensing of partially filled prescriptions.

Spectrum: Slight Partisan Bill (Democrat 17-7)

Status: (Engrossed - Dead) 2018-06-06 - REFERRED TO RULES [A10392 Detail]

Download: New_York-2017-A10392-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                        10392--A
                   IN ASSEMBLY
                                     April 18, 2018
                                       ___________
        Introduced  by  M.  of A. McDONALD, D'URSO, BRAUNSTEIN, JENNE, WILLIAMS,
          SEAWRIGHT, SEPULVEDA, COOK, CAHILL, RIVERA, ARROYO, CASTORINA,  BLANK-
          ENBUSH,  RAIA,  RA,  LAWRENCE,  MORINELLO, GOTTFRIED, ERRIGO -- Multi-
          Sponsored by -- M.  of A. GALEF, SIMON -- read once  and  referred  to
          the  Committee  on  Higher  Education  --  committee  discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
        AN ACT to amend the public health law and the education law, in relation
          to the dispensing of partially filled prescriptions
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 3333 of the public health law is amended by  adding
     2  a new subdivision 6 to read as follows:
     3    6. At the request of the prescriber or the patient, a prescription for
     4  a  schedule  II, schedule III or schedule IV controlled substance may be
     5  partially filled within thirty days from the date  of  issuance  of  the
     6  prescription.  The  remaining  quantity  of  the  prescription    may be
     7  dispensed separately within thirty days from the date of  issue  of  the
     8  prescription,  provided  that  the  controlled  substance  was  used  in
     9  conformity with directions for use and consistent with applicable feder-
    10  al regulations and regulations of the commissioner.
    11    § 2. Paragraph a of subdivision 1 of section  6816  of  the  education
    12  law,  as  amended by chapter 710 of the laws of 1988, is amended to read
    13  as follows:
    14    a. Any person, who, in putting up any drug, medicine, or food or prep-
    15  aration used in medical practice, or  making  up  any  prescription,  or
    16  filling  any  order  for  drugs, medicines, food or preparation puts any
    17  untrue label, stamp or other  designation  of  contents  upon  any  box,
    18  bottle or other package containing a drug, medicine, food or preparation
    19  used  in medical practice, or substitutes or dispenses a different arti-
    20  cle for or in lieu of any  article  prescribed,  ordered,  or  demanded,
    21  except  where required pursuant to section sixty-eight hundred sixteen-a
    22  of this article, or puts up a greater or lesser quantity of any ingredi-
    23  ent specified in any  such  prescription,  order  or  demand  than  that
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15315-02-8
        A. 10392--A                         2
     1  prescribed, ordered or demanded, except where required pursuant to para-
     2  graph  (g)  of  subdivision two of section three hundred sixty-five-a of
     3  the social services law or  allowed  pursuant  to  section  thirty-three
     4  hundred  thirty-three  of  the  public health law, or otherwise deviates
     5  from the terms of the prescription, order or demand by substituting  one
     6  drug  for another, except where required pursuant to section sixty-eight
     7  hundred sixteen-a of this article, is guilty of a misdemeanor; provided,
     8  however, that except in the case of physicians'  prescriptions,  nothing
     9  herein contained shall be deemed or construed to prevent or impair or in
    10  any  manner  affect  the right of an apothecary, druggist, pharmacist or
    11  other person to recommend the purchase of an  article  other  than  that
    12  ordered,  required or demanded, but of a similar nature, or to sell such
    13  other article in place or in lieu of an  article  ordered,  required  or
    14  demanded, with the knowledge and consent of the purchaser. Upon a second
    15  conviction  for  a  violation  of  this  section  the  offender  must be
    16  sentenced to the payment of a fine not to exceed  one  thousand  dollars
    17  and  may be sentenced to imprisonment for a term not to exceed one year.
    18  The third conviction of a violation of any of  the  provisions  of  this
    19  section,  in  addition  to  rendering the offender liable to the penalty
    20  prescribed by law for a second conviction, shall forfeit any right which
    21  he may possess under  the  law  of  this  state  at  the  time  of  such
    22  conviction,  to  engage  as proprietor, agent, employee or otherwise, in
    23  the business of an apothecary, pharmacist, or druggist, or to  compound,
    24  prepare  or  dispense  prescriptions  or  orders for drugs, medicines or
    25  foods or preparations used in medical practice; and the  offender  shall
    26  be  by  reason of such conviction disqualified from engaging in any such
    27  business as proprietor, agent, employee  or  otherwise  or  compounding,
    28  preparing or dispensing medical prescriptions or orders for drugs, medi-
    29  cines, or foods or preparations used in medical practice.
    30    §  3. This act shall take effect on the first of January next succeed-
    31  ing the date upon which it shall have become a law. Effective immediate-
    32  ly the addition, amendment and/or  repeal  of  any  rule  or  regulation
    33  necessary  for  the implementation of this act on its effective date are
    34  authorized to be made on or before such date.