S T A T E O F N E W Y O R K
________________________________________________________________________
6947
2009-2010 Regular Sessions
I N A S S E M B L Y
March 17, 2009
___________
Introduced by M. of A. ORTIZ, P. RIVERA, SEMINERIO, GREENE, ROBINSON,
ESPAILLAT -- Multi-Sponsored by -- M. of A. CHRISTENSEN, JOHN, McENE-
NY, PEOPLES, WEISENBERG -- read once and referred to the Committee on
Higher Education
AN ACT to amend the education law and the public health law, in relation
to requiring prescription drug bottles to display the health condition
or ailment being treated by such prescription
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 6810 of the education law, as
amended by chapter 905 of the laws of 1985, is amended to read as
follows:
1. No drug for which a prescription is required by the provisions of
the Federal Food, Drug and Cosmetic Act or by the commissioner of health
shall be distributed or dispensed to any person except upon a
prescription written by a person legally authorized to issue such
prescription. Such drug shall be compounded or dispensed by a licensed
pharmacist, and no such drug shall be dispensed without affixing to the
immediate container in which the drug is sold or dispensed a label bear-
ing the name and address of the owner of the establishment in which it
was dispensed, the date compounded, the number of the prescription under
which it is recorded in the pharmacist's prescription files, the name of
the prescriber, the name and address of the patient, [and] the
directions for the use of the drug by the patient as given upon the
prescription AND THE HEALTH CONDITION OR AILMENT FOR WHICH SUCH DRUG HAS
BEEN PRESCRIBED TO SUCH PATIENT. SUCH IMPRINT OR STAMP OF THE HEALTH
CONDITION OR AILMENT BEING TREATED SHALL BE CONSPICUOUSLY DISPLAYED IN
BOLD, CAP-SIZED LETTERS ON THE PRESCRIPTION DRUG CONTAINER. The
prescribing and dispensing of a drug which is a controlled substance
shall be subject to additional requirements provided in article thirty-
three of the public health law. The words "drug" and "prescription
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10348-02-9
A. 6947 2
required drug" within the meaning of this article shall not be construed
to include soft or hard contact lenses, eyeglasses, or any other device
for the aid or correction of vision. Nothing in this subdivision shall
prevent a pharmacy from furnishing a drug to another pharmacy which does
not have such drug in stock for the purpose of filling a prescription.
S 2. Subdivision 2 of section 3332 of the public health law, as
amended by chapter 537 of the laws of 1998, is amended to read as
follows:
2. Such prescription shall be prepared on an official New York state
prescription form, written with ink, indelible pencil or, apart from the
practitioner's signature, typewriter or electronic printer. The original
must contain the following:
(a) the name, address, and age of the ultimate user for whom the
substance is intended, or, if the ultimate user is an animal, the
species of such animal and the name and address of the owner or person
having custody of such animal;
(b) the name, address, Federal registration number, telephone number,
and handwritten signature of the prescribing practitioner;
(c) specific directions for use, including but not limited to the
dosage and frequency of dosage and the maximum daily dosage;
(d) THE SPECIFIC HEALTH CONDITION OR AILMENT THE PRACTITIONER INTENDS
TO TREAT WITH SUCH PRESCRIPTION;
(E) the date upon which such prescription was actually signed by the
prescribing practitioner.
S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.