Bill Text: NY S01813 | 2019-2020 | General Assembly | Introduced

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Bill Title: Allows a prescription for a schedule II, III, or IV controlled substance to be partially filled at the request of the prescriber or patient.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2019-11-25 - tabled [S01813 Detail]

Download: New_York-2019-S01813-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1813
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 16, 2019
                                       ___________
        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
        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
    24  prescribed, ordered or demanded, except where required pursuant to para-
    25  graph (g) of subdivision two of section three  hundred  sixty-five-a  of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07733-01-9
        S. 1813                             2
     1  the  social  services  law  or  allowed pursuant to section thirty-three
     2  hundred thirty-three of the public health  law,  or  otherwise  deviates
     3  from  the terms of the prescription, order or demand by substituting one
     4  drug  for another, except where required pursuant to section sixty-eight
     5  hundred sixteen-a of this article, is guilty of a misdemeanor; provided,
     6  however, that except in the case of physicians'  prescriptions,  nothing
     7  herein contained shall be deemed or construed to prevent or impair or in
     8  any  manner  affect  the right of an apothecary, druggist, pharmacist or
     9  other person to recommend the purchase of an  article  other  than  that
    10  ordered,  required or demanded, but of a similar nature, or to sell such
    11  other article in place or in lieu of an  article  ordered,  required  or
    12  demanded, with the knowledge and consent of the purchaser. Upon a second
    13  conviction  for  a  violation  of  this  section  the  offender  must be
    14  sentenced to the payment of a fine not to exceed  one  thousand  dollars
    15  and  may be sentenced to imprisonment for a term not to exceed one year.
    16  The third conviction of a violation of any of  the  provisions  of  this
    17  section,  in  addition  to  rendering the offender liable to the penalty
    18  prescribed by law for a second conviction, shall forfeit any right which
    19  he may possess under  the  law  of  this  state  at  the  time  of  such
    20  conviction,  to  engage  as proprietor, agent, employee or otherwise, in
    21  the business of an apothecary, pharmacist, or druggist, or to  compound,
    22  prepare  or  dispense  prescriptions  or  orders for drugs, medicines or
    23  foods or preparations used in medical practice; and the  offender  shall
    24  be  by  reason of such conviction disqualified from engaging in any such
    25  business as proprietor, agent, employee  or  otherwise  or  compounding,
    26  preparing or dispensing medical prescriptions or orders for drugs, medi-
    27  cines, or foods or preparations used in medical practice.
    28    §  3. This act shall take effect on the first of January next succeed-
    29  ing the date upon which it shall have become a law. Effective immediate-
    30  ly the addition, amendment and/or  repeal  of  any  rule  or  regulation
    31  necessary  for  the implementation of this act on its effective date are
    32  authorized to be made on or before such date.