Bill Text: NY A10668 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires that pharmacists get express written consent before substituting a drug product for a less expensive drug product, including biological products.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-07-22 - referred to higher education [A10668 Detail]

Download: New_York-2023-A10668-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10668

                   IN ASSEMBLY

                                      July 22, 2024
                                       ___________

        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Ramos) --
          read once and referred to the Committee on Higher Education

        AN ACT to amend the education law,  in  relation  to  requiring  patient
          consent when substituting medication

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 1, 2 and 3 of section 6816-a of the  education
     2  law,  subdivisions  1 and 2 as added by chapter 776 of the laws of 1977,
     3  paragraph (a) of subdivision 1 as amended by chapter 913 of the laws  of
     4  1986, and subdivision 3 as added by chapter 357 of the laws of 2017, are
     5  amended to read as follows:
     6    1.  A  pharmacist  shall  substitute  a  less  expensive  drug product
     7  containing the same active ingredients, dosage form and strength as  the
     8  drug  product prescribed, ordered or demanded, provided that the follow-
     9  ing conditions are met:
    10    (a) The prescription is written on a form which meets the requirements
    11  of subdivision six of section sixty-eight hundred ten  of  this  article
    12  and  the  prescriber  does  not prohibit substitution, or in the case of
    13  oral prescriptions, the prescriber must expressly state whether  substi-
    14  tution is to be permitted or prohibited. Any oral prescription that does
    15  not include such an express statement shall not be filled; and
    16    (b)  The  substituted  drug  product  is contained in the list of drug
    17  products established pursuant to paragraph (o)  of  subdivision  one  of
    18  section two hundred six of the public health law; [and]
    19    (c)  The pharmacist shall indicate on the label affixed to the immedi-
    20  ate container in which the drug  is  sold  or  dispensed  the  name  and
    21  strength  of the drug product and its manufacturer unless the prescriber
    22  specifically states  otherwise.  The  pharmacist  shall  record  on  the
    23  prescription  form the brand name or the name of the manufacturer of the
    24  drug product dispensed; and
    25    (d) The patient who shall receive the drug product gives express writ-
    26  ten consent that the pharmacist may substitute such drug product  for  a
    27  less expensive drug product.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15893-01-4
        A. 10668                            2

     1    2.  In the event a patient chooses to have a prescription filled by an
     2  out of state dispenser, [the laws of  that  state  shall  prevail]  such
     3  out-of-state  dispenser  shall  receive express written consent from the
     4  patient who shall receive the drug product that such drug product may be
     5  substituted for a less expensive drug product.
     6    3.  A  pharmacist shall substitute a less expensive biological product
     7  for a prescribed biological product provided that all of  the  following
     8  conditions are met:
     9    (a)  the  substituted  biological product is either an interchangeable
    10  biological product for the prescribed product or the substituted biolog-
    11  ical product is one for which the prescribed product is an interchangea-
    12  ble biological product;
    13    (b) the prescriber does not designate that a substitution is prohibit-
    14  ed as described in subdivision six of section sixty-eight hundred ten of
    15  this article; [and]
    16    (c) the pharmacist indicates on the label  affixed  to  the  immediate
    17  container  in  which  the  biological product is sold or distributed the
    18  name and strength of the product and its manufacturer unless  the  pres-
    19  criber specifically states otherwise; and
    20    (d) the patient who shall receive the biological product gives express
    21  written consent that the pharmacist may substitute such biological prod-
    22  uct for a less expensive biological product.
    23    §  2.  This  act shall take effect on the ninetieth day after it shall
    24  have become a law. Effective immediately, the addition, amendment and/or
    25  repeal of any rule or regulation necessary  for  the  implementation  of
    26  this  act  on its effective date are authorized to be made and completed
    27  on or before such effective date.