STATE OF NEW YORK
        ________________________________________________________________________

                                          4447

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 8, 2023
                                       ___________

        Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education

        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 6 to read as follows:
     3    6. (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;
    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; and
    19    (iv)  the pharmacist has counseled the patient or person authorized to
    20  act on the patient's behalf on the proper usage and  operating  features
    21  of the alternate epinephrine auto-injector.
    22    (b) For purposes of this subdivision "epinephrine auto-injector" shall
    23  have the same meaning as provided in paragraph (b) of subdivision one of
    24  section three thousand-c of the public health law.
    25    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08848-01-3