Bill Text: NY S05171 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to authorizing pharmacists to refill non-controlled substance prescriptions for quantities of drugs not to exceed a ninety day supply.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2017-06-15 - SUBSTITUTED BY A6371B [S05171 Detail]

Download: New_York-2017-S05171-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5171
                               2017-2018 Regular Sessions
                    IN SENATE
                                     March 10, 2017
                                       ___________
        Introduced  by  Sen.  FELDER -- 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  authorizing  pharma-
          cists  to refill non-controlled substance prescriptions for quantities
          of drugs not to exceed a ninety day supply, subject to certain  condi-
          tions
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The opening paragraph of paragraph (a) of subdivision 2  of
     2  section 6810 of the education law, as amended by chapter 413 of the laws
     3  of 2014, is amended to read as follows:
     4    A prescription may not be refilled unless it bears a contrary instruc-
     5  tion and indicates on its face the number of times it may be refilled. A
     6  prescription  may  not  be  refilled  more  times  than  allowed  on the
     7  prescription. The date of  each  refilling  must  be  indicated  on  the
     8  original  prescription. Prescriptions for controlled substances shall be
     9  refilled only pursuant to article thirty-three of the public health law.
    10  A pharmacist may exercise his or her professional judgement in refilling
    11  a prescription for a quantity of a drug greater than the initial quanti-
    12  ty of a drug prescribed by the prescribing practitioner provided that:
    13    (i) such refill is made after the patient's  initial  prescription  is
    14  dispensed;
    15    (ii)  such refill does not exceed a ninety day supply of such drug and
    16  does not exceed the total quantity of such drug authorized by the  pres-
    17  criber;
    18    (iii)  the  prescriber  has not indicated that the initial quantity or
    19  refill quantity of the prescribed drug shall not be changed;
    20    (iv) such drug is not a controlled substance;
    21    (v) the pharmacist informs the prescriber of such refill as soon as is
    22  reasonably possible, but no later than five  business  days  after  such
    23  refill is made; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10380-01-7
        S. 5171                             2
     1    (vi)  the patient's health insurance policy or health benefit plan, if
     2  any, will cover the refill quantity dispensed, without additional co-in-
     3  surance, deductible or other out-of-pocket expense  required  from  such
     4  patient.
     5    § 2. This act shall take effect immediately.