S T A T E O F N E W Y O R K
________________________________________________________________________
1033
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sens. KLEIN, ADAMS, BRESLIN, DIAZ, HASSELL-THOMPSON, HUNT-
LEY, MONTGOMERY, SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
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
TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, WHICH DISPENSES DRUGS
TO PATIENTS ADMITTED TO SUCH HOSPITAL OR FACILITY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04765-01-1
S. 1033 2
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.