Bill Text: NY S08192 | 2023-2024 | General Assembly | Introduced
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
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. LBD13723-02-3S. 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.