Assembly Bill A8101

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8101--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2009
                               ___________

Introduced  by M. of A. NOLAN -- read once and referred to the Committee
  on Higher Education -- committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law and the public health law, in relation
  to promoting the office of the professions complaint process

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new  section  6829
to read as follows:
  S 6829. OFFICE OF THE PROFESSIONS. 1. EVERY PHARMACY SHALL HAVE A SIGN
NOTIFYING  PEOPLE  OF  THE AVAILABILITY OF THE OFFICE OF THE PROFESSIONS
WITHIN THE NEW YORK STATE  EDUCATION  DEPARTMENT  TO  HANDLE  COMPLAINTS
ABOUT  PROFESSIONAL MISCONDUCT, INCLUDING THE PRESCRIPTION DRUG DISPENS-
ING PROCESS, COUNSELING-RELATED ISSUES AND LICENSURE  ISSUES.  THE  SIGN
MUST  INCLUDE  THE  PHONE  NUMBER,  WEB  ADDRESS AND THE ELECTRONIC MAIL
ADDRESS OF THE OFFICE OF THE PROFESSIONS AND BE CONSPICUOUSLY POSTED  AT
OR  ADJACENT  TO  THE  PLACE  IN  THE  PHARMACY  WHERE PRESCRIPTIONS ARE
PRESENTED FOR COMPOUNDING  AND  DISPENSING,  IN  THE  WAITING  AREA  FOR
CUSTOMERS, OR IN THE AREA WHERE PRESCRIBED DRUGS ARE DELIVERED.
  2.  THE  OFFICE SHALL POST ELECTRONICALLY AND MAKE AVAILABLE FOR DOWN-
LOAD OR OTHERWISE A UNIFORM SIGN AS DESCRIBED IN SUBDIVISION ONE OF THIS
SECTION. SUCH SIGN SHALL CONTAIN LETTERS OF AT LEAST  ONE-HALF  INCH  IN
HEIGHT.  PHARMACIES  MAY INCORPORATE SUCH LANGUAGE INTO AN EXISTING SIGN
THAT COMPLIES WITH ALL FEDERAL AND STATE POSTING  REQUIREMENTS  PROVIDED
THAT  THERE IS A CLEAR DELINEATION BETWEEN ADVISORY MESSAGES ON THE SAME
SIGN.
  3. PHARMACIES LIMITED TO FURNISHING DRUGS TO PATIENTS  REGISTERED  FOR
TREATMENT BY A HOSPITAL AND FOR IN-PATIENT CARE FOR TREATMENT BY A NURS-
ING  HOME  OR  EXTENDED CARE FACILITY, SHALL BE EXEMPT FROM THE REQUIRE-
MENTS OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05260-05-9

              

A. 8101--A                          2

  4. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS TO  IMPLEMENT
THE PROVISIONS OF THIS SECTION.
  S 2. Section 276-a of the public health law is amended by adding a new
subdivision 3-a to read as follows:
  3-A.  THE  PRESCRIPTION  DRUG RETAIL PRICE LIST DATABASE LISTED ON THE
DEPARTMENT'S WEBSITE SHALL CONTAIN ADVISORY INFORMATION  ON  THE  AVAIL-
ABILITY OF THE OFFICE OF PROFESSIONS WITHIN THE NEW YORK STATE EDUCATION
DEPARTMENT TO HANDLE COMPLAINTS ABOUT PROFESSIONAL MISCONDUCT, INCLUDING
THE  PRESCRIPTION DRUG DISPENSING PROCESS, COUNSELING-RELATED ISSUES AND
LICENSURE ISSUES, AS PROMULGATED BY THE OFFICE  OF  THE  PROFESSIONS  IN
ACCORDANCE WITH SECTION SIXTY-EIGHT HUNDRED TWENTY-NINE OF THE EDUCATION
LAW.
  S  3.    Paragraph  (c)  of  subdivision 1 of section 12 of the public
health law, as added by section 16 of part A of chapter 58 of  the  laws
of 2008, is amended to read as follows:
  (c)  The penalty provided for in paragraph (a) of this subdivision may
be increased to an amount not to exceed  ten  thousand  dollars  if  the
violation  directly  results  in serious physical harm to any patient or
patients, EXCEPT IF THE VIOLATION WAS A VIOLATION OF SUBDIVISION THREE-A
OF SECTION TWO HUNDRED SEVENTY-SIX-A OF THIS CHAPTER.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have become a law; provided however that the amendments to paragraph (c)
of  subdivision 1 of section 12 of the public health law made by section
three of this act shall not affect the expiration and reversion of  such
section and shall expire therewith.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8101--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2009
                               ___________

Introduced  by M. of A. NOLAN -- read once and referred to the Committee
  on Higher Education -- committee  discharged,  bill  amended,  ordered
  reprinted  as amended and recommitted to said committee -- recommitted
  to the Committee on Higher Education in accordance with Assembly  Rule
  3,  sec. 2 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the education law and the public health law, in relation
  to providing public notice of the  education  department  professional
  misconduct complaint process relating to pharmacies

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 6826  of  the  education  law,  as
amended  by chapter 293 of the laws of 2005, is amended and a new subdi-
vision 4-a is added to read as follows:
  4. Pharmacies shall have a sign notifying  people  of  BOTH:  (A)  the
availability  of  the drug retail price list and the availability of the
department of health prescription drug retail price  list  database  and
the  web  address  of  that  database,  AND  (B) THE JURISDICTION OF THE
DEPARTMENT TO ACCEPT AND INVESTIGATE COMPLAINTS  ABOUT  ALLEGED  PROFES-
SIONAL  MISCONDUCT, INCLUDING THE PRESCRIPTION DISPENSING PROCESS, COUN-
SELING RELATED ISSUES AND LICENSURE ISSUES.  EACH  SUCH  SIGN  SHALL  BE
conspicuously  posted  at or adjacent to the place in the pharmacy where
prescriptions are presented for compounding and dispensing, in the wait-
ing area for customers, or in the area where prescribed drugs are deliv-
ered.
  4-A. THE NOTICE REQUIRED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FOUR
OF THIS SECTION SHALL INCLUDE THE TELEPHONE NUMBER, INTERNET WEB ADDRESS
AND ELECTRONIC MAIL ADDRESS OF THE DEPARTMENT.  PROVIDED, FURTHER,  THAT
THE  PROVISIONS  OF  SUCH PARAGRAPH SHALL NOT APPLY TO ANY PHARMACY IN A
HOSPITAL OR RESIDENTIAL HEALTH CARE  FACILITY,  AS  DEFINED  IN  SECTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05260-10-0

              

A. 8101--B                          2

TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, WHICH DISPENSES DRUGS
TO PATIENTS ADMITTED TO SUCH HOSPITAL OR FACILITY.
  S 2. Section 276-a of the public health law is amended by adding a new
subdivision 3-a to read as follows:
  3-A.  THE  PRESCRIPTION  DRUG RETAIL PRICE LIST DATABASE POSTED ON THE
DEPARTMENT'S INTERNET WEBSITE SHALL INCLUDE A NOTICE ON THE JURISDICTION
OF THE EDUCATION DEPARTMENT TO ACCEPT AND INVESTIGATE  COMPLAINTS  ABOUT
ALLEGED PROFESSIONAL MISCONDUCT BY PHARMACISTS AND PHARMACIES, INCLUDING
THE  PRESCRIPTION DRUG DISPENSING PROCESS, COUNSELING RELATED ISSUES AND
LICENSURE ISSUES, AS REQUIRED BY PARAGRAPH (B) OF  SUBDIVISION  FOUR  OF
SECTION SIXTY-EIGHT HUNDRED TWENTY-SIX OF THE EDUCATION LAW.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.