BILL NUMBER:A10041
TITLE OF BILL: An act to amend the education law, in relation to
requiring written notification to patients where a pharmacist is substi-
tuting a generic version of a drug product by one manufacturer for a
generic version of a drug product by another manufacturer
PURPOSE OR GENERAL IDEA OF BILL: This bill will mandate that patients be
informed in writing when pharmacists substitute one version of a generic
drug product by one manufacturer for another.
SUMMARY OF SPECIFIC PROVISIONS: The bill would amend the Education Law
by amending Section 68126-a to include a new subdivision 3. The new
subdivision will mandate that a pharmacist inform a patient if he or she
is substituting a generic version of a drug product by one manufacturer
for a generic version of a drug product by another manufacturer.
JUSTIFICATION: Although the name "generic" suggests complete parity
between prescription drugs, there can be considerable differences
between different generic brands of the same medication. Regulations
permit for variation in medication's inactive ingredients, including
flavors, fillers and dyes. More importantly, generic drugs may vary in
potency and can still be considered "bio-equivalent" while achieving
blood serum level differences of 80-125%. A recent position paper
released by the American Academy of Neurology argues that discrepancies
of this magnitude can have serious medical implications for patients.
S T A T E O F N E W Y O R K
________________________________________________________________________
10041
I N A S S E M B L Y
February 26, 2010
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Higher Education
AN ACT to amend the education law, in relation to requiring written
notification to patients where a pharmacist is substituting a generic
version of a drug product by one manufacturer for a generic version of
a drug product by another manufacturer
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 6816-a of the education law is amended by adding a
new subdivision 3 to read as follows:
3. A PHARMACIST SHALL PROVIDE WRITTEN NOTIFICATION TO A PATIENT IF HE
OR SHE IS SUBSTITUTING A GENERIC VERSION OF A DRUG PRODUCT BY ONE
MANUFACTURER FOR A GENERIC VERSION OF A DRUG PRODUCT BY ANOTHER MANUFAC-
TURER.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15336-02-0
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