Bill Text: NY S08192 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires prescriptions administered and dispensed by a practitioner or a licensed pharmacist to include a quick response code containing certain information regarding the user, the prescribing practitioner/pharmacy and the medication.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-11 - REFERRED TO HEALTH [S08192 Detail]

Download: New_York-2023-S08192-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8192

                    IN SENATE

                                    January 11, 2024
                                       ___________

        Introduced  by  Sen. MANNION -- 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 requiring prescriptions to include a quick response code containing
          certain information

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 3302 of the public health law is amended by adding
     2  a new subdivision 42 to read as follows:
     3    42. "Quick response code" means a machine-readable optical label  that
     4  can  be  scanned  and  interpreted  for supplemental information about a
     5  prescription to which it is attached.
     6    § 2. The public health law is amended by adding a new section 3336  to
     7  read as follows:
     8    §  3336.  Supplemental  quick  response  code. 1. The commissioner, in
     9  conjunction with the commissioner of the department of education,  shall
    10  develop  a  quick response code to be included with a label affixed to a
    11  prescription administered and dispensed by a  practitioner  pursuant  to
    12  section  thirty-three hundred thirty-one of this title or dispensed by a
    13  licensed pharmacist pursuant to  section  thirty-three  hundred  thirty-
    14  three of this title to assist interpretation of such prescription by the
    15  elderly,  which  for  purposes  of  this section mean persons fifty-five
    16  years of age or older, and individuals with a developmental  disability,
    17  as  such  term  is defined pursuant to subdivision twenty-two of section
    18  1.03 of the mental hygiene law. Such quick response code shall include:
    19    (a) the name and address of the ultimate user for whom  the  substance
    20  is  intended, or if intended for use upon an animal, the species of such
    21  animal and the name and address of the owner or  person  in  custody  of
    22  such animal;
    23    (b)  the name, address, and telephone number of the dispensing practi-
    24  tioner and/or pharmacy from which such substance is dispensed;
    25    (c) the date the substance was compounded;
    26    (d) specific directions for use, including  but  not  limited  to  the
    27  dosage  and  frequency of dosage, and the maximum daily dosage, as given
    28  upon the prescription;
    29    (e) the name of the prescribing dispensing practitioner and/or pharma-
    30  cy;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13723-02-3
        S. 8192                             2

     1    (f) the legend, prominently displayed in either boldface or upper-case
     2  lettering: "CONTROLLED SUBSTANCE, DANGEROUS UNLESS USED AS DIRECTED";
     3    (g) the date of dispensing;
     4    (h)  either  the name of the substance or such code number assigned by
     5  the department for the particular substance pursuant to section  thirty-
     6  three hundred eighteen of this article;
     7    (i)  the  number of the prescription under which it is recorded in the
     8  pharmacist's prescription file; and
     9    (j) any other information as deemed necessary by the commissioner.
    10    2. A quick response code shall be considered supplemental  information
    11  for  the  ultimate user and shall not be considered an official New York
    12  state prescription or electronic prescription for scheduled substances.
    13    3. The inclusion of a quick response code shall not obviate any  other
    14  requirement  of  this article. Additionally, a quick response code shall
    15  incorporate standardized patient-centered data elements, when  feasible,
    16  pursuant to section sixty-eight hundred thirty of the education law.
    17    § 3. Subdivision 1 of section 6810 of the education law, as amended by
    18  section  2  of  part  V of chapter 57 of the laws of 2012, is amended to
    19  read as follows:
    20    1. No drug for which a prescription is required by the  provisions  of
    21  the Federal Food, Drug and Cosmetic Act or by the commissioner of health
    22  shall   be  distributed  or  dispensed  to  any  person  except  upon  a
    23  prescription written by  a  person  legally  authorized  to  issue  such
    24  prescription.  Such  drug shall be compounded or dispensed by a licensed
    25  pharmacist, and no such drug shall be dispensed without affixing to  the
    26  immediate container in which the drug is sold or dispensed a label bear-
    27  ing  the  name and address of the owner of the establishment in which it
    28  was dispensed, the date compounded, the number of the prescription under
    29  which it is recorded in the pharmacist's prescription files, the name of
    30  the prescriber, the name and address of the patient, and the  directions
    31  for  the  use of the drug by the patient as given upon the prescription.
    32  All labels shall conform to such rules and regulations as promulgated by
    33  the commissioner pursuant to section sixty-eight hundred twenty-nine  of
    34  this  article. All labels shall conform to such rules and regulations as
    35  promulgated by the commissioner of education, in  conjunction  with  the
    36  commissioner  of  the  department of health, pursuant to section thirty-
    37  three hundred thirty-six of the public health  law;  provided,  however,
    38  that  conformity  with  such  rules  and regulations shall not fulfill a
    39  requirement under section sixty-eight hundred twenty-nine of this  arti-
    40  cle.  The  prescribing  and  dispensing  of a drug which is a controlled
    41  substance shall be subject to additional requirements provided in  arti-
    42  cle  thirty-three  of  the  public  health  law.  The  words  "drug" and
    43  "prescription required drug" within the meaning of  this  article  shall
    44  not  be construed to include soft or hard contact lenses, eyeglasses, or
    45  any other device for the aid or correction of vision.  Nothing  in  this
    46  subdivision  shall  prevent a pharmacy from furnishing a drug to another
    47  pharmacy which does not have such drug in stock for the purpose of fill-
    48  ing a prescription.
    49    § 4. Subdivision 2 of section 6829 of the education law is amended  by
    50  adding a new paragraph (d) to read as follows:
    51    (d)  The  services  required by this section shall not be provided for
    52  the requirements of  section  thirty-three  hundred  thirty-six  of  the
    53  public health law.
    54    §  5. This act shall take effect one year after it shall have become a
    55  law.