Bill Text: NY S07115 | 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 5-0)

Status: (Vetoed) 2020-12-15 - VETOED MEMO.74 [S07115 Detail]

Download: New_York-2019-S07115-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7115

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2020
                                       ___________

        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,  schedule  IV  or  schedule  V  controlled
     5  substance  may  be partially filled provided that the partial filling is
     6  recorded in the same manner as a refill. The remaining quantity  of  the
     7  prescription  may  be  dispensed separately only once in conformity with
     8  directions for use.
     9    § 2. Paragraph a of subdivision 1 of section  6816  of  the  education
    10  law,  as  amended by chapter 710 of the laws of 1988, is amended to read
    11  as follows:
    12    a. Any person, who, in putting up any drug, medicine, or food or prep-
    13  aration used in medical practice, or  making  up  any  prescription,  or
    14  filling  any  order  for  drugs, medicines, food or preparation puts any
    15  untrue label, stamp or other  designation  of  contents  upon  any  box,
    16  bottle or other package containing a drug, medicine, food or preparation
    17  used  in medical practice, or substitutes or dispenses a different arti-
    18  cle for or in lieu of any  article  prescribed,  ordered,  or  demanded,
    19  except  where required pursuant to section sixty-eight hundred sixteen-a
    20  of this article, or puts up a greater or lesser quantity of any ingredi-
    21  ent specified in any  such  prescription,  order  or  demand  than  that
    22  prescribed, ordered or demanded, except where required pursuant to para-
    23  graph  (g)  of  subdivision two of section three hundred sixty-five-a of
    24  the social services law or  allowed  pursuant  to  section  thirty-three
    25  hundred  thirty-three  of  the  public health law, or otherwise deviates
    26  from the terms of the prescription, order or demand by substituting  one
    27  drug  for another, except where required pursuant to section sixty-eight

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14641-02-0
        S. 7115                             2

     1  hundred sixteen-a of this article, is guilty of a misdemeanor; provided,
     2  however, that except in the case of physicians'  prescriptions,  nothing
     3  herein contained shall be deemed or construed to prevent or impair or in
     4  any  manner  affect  the right of an apothecary, druggist, pharmacist or
     5  other person to recommend the purchase of an  article  other  than  that
     6  ordered,  required or demanded, but of a similar nature, or to sell such
     7  other article in place or in lieu of an  article  ordered,  required  or
     8  demanded, with the knowledge and consent of the purchaser. Upon a second
     9  conviction  for  a  violation  of  this  section  the  offender  must be
    10  sentenced to the payment of a fine not to exceed  one  thousand  dollars
    11  and  may be sentenced to imprisonment for a term not to exceed one year.
    12  The third conviction of a violation of any of  the  provisions  of  this
    13  section,  in  addition  to  rendering the offender liable to the penalty
    14  prescribed by law for a second conviction, shall forfeit any right which
    15  he may possess under  the  law  of  this  state  at  the  time  of  such
    16  conviction,  to  engage  as proprietor, agent, employee or otherwise, in
    17  the business of an apothecary, pharmacist, or druggist, or to  compound,
    18  prepare  or  dispense  prescriptions  or  orders for drugs, medicines or
    19  foods or preparations used in medical practice; and the  offender  shall
    20  be  by  reason of such conviction disqualified from engaging in any such
    21  business as proprietor, agent, employee  or  otherwise  or  compounding,
    22  preparing or dispensing medical prescriptions or orders for drugs, medi-
    23  cines, or foods or preparations used in medical practice.
    24    §  3. This act shall take effect on the first of January next succeed-
    25  ing the date upon which it shall have become a law. Effective immediate-
    26  ly the addition, amendment and/or  repeal  of  any  rule  or  regulation
    27  necessary  for  the implementation of this act on its effective date are
    28  authorized to be made on or before such date.