Bill Text: NY S02489 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to the substitution of brand name epinephrine auto-injectors with alternate epinephrine auto-injectors in certain cases.

Spectrum: Slight Partisan Bill (Republican 6-2)

Status: (Engrossed - Dead) 2018-06-20 - COMMITTED TO RULES [S02489 Detail]

Download: New_York-2017-S02489-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         2489--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 13, 2017
                                       ___________
        Introduced  by  Sens.  HANNON, LAVALLE, MARCHIONE, RITCHIE -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Higher Education -- reported  favorably  from  said  committee  and
          committed  to  the  Committee on Finance -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
        AN  ACT  to  amend the education law, in relation to the substitution of
          brand name epinephrine auto-injectors with alternate epinephrine auto-
          injectors for dispensation by pharmacists
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 6816-a of the education law is amended by adding a
     2  new subdivision 3 to read as follows:
     3    3. (a) Notwithstanding subdivision two of this section  or  any  other
     4  section  of  law  to  the contrary, when a patient is prescribed a brand
     5  name epinephrine auto-injector, a pharmacist may substitute an alternate
     6  epinephrine auto-injector containing the same active ingredients, dosage
     7  form and strength as the  brand  name  product  prescribed,  ordered  or
     8  demanded,  regardless of whether the alternate epinephrine auto-injector
     9  is included in the latest list of interchangeable drug products for  the
    10  prescribed epinephrine auto-injector device, provided that:
    11    (i)  the  prescriber  does not indicate that the prescription therefor
    12  shall be dispensed as written pursuant to paragraph (a)  of  subdivision
    13  six of section sixty-eight hundred ten of this article;
    14    (ii) the alternate epinephrine auto-injector available would reflect a
    15  lower unit cost to the purchaser; and
    16    (iii)  the pharmacist has advised the purchaser of the availability of
    17  an alternate epinephrine auto-injector and obtained consent to  dispense
    18  the alternate epinephrine auto-injector.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04490-02-7
        S. 2489--A                          2
     1    (b) For purposes of this subdivision "epinephrine auto-injector" shall
     2  have the same meaning as provided in paragraph (b) of subdivision one of
     3  section three thousand-c of the public health law.
     4    § 2. This act shall take effect immediately.