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Assembly Bill A6602A

2011-2012 Legislative Session

Relates to dispensing by physicians of a pharmaceutical with an aesthetic or cosmetic use or purpose

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Bill Amendments

2011-A6602 - Details

See Senate Version of this Bill:
S4075
Law Section:
Education Law
Laws Affected:
Amd §§6802 & 6807, Ed L

2011-A6602 - Summary

Relates to dispensing by physicians of a pharmaceutical with an aesthetic or cosmetic use or purpose.

2011-A6602 - Bill Text download pdf 

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

                                  6602

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 23, 2011
                               ___________

Introduced  by  M. of A. HOYT -- read once and referred to the Committee
  on Higher Education

AN ACT to amend the education law, in relation to dispensing  by  physi-
  cians of a pharmaceutical with an aesthetic or cosmetic use or purpose

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

  Section 1. Section 6802 of the education law is amended  by  adding  a
new subdivision 23 to read as follows:
  23. "AESTHETIC PHARMACEUTICAL" MEANS:
  A. BIMATOPROST;
  B. EFLORNITHINE;
  C. FINASTERIDE;
  D. FLUOCINOLONE;
  E. HYDROQUINONE;
  F. TRETINOIN;
  G. MINOXIDIL;
  H. TAZAROTENE; OR
  I. A DRUG THAT:
  (1) IS NOT A CONTROLLED SUBSTANCE;
  (2) REQUIRES A PRESCRIPTION FOR DISPENSATION;
  (3) HAS BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION; AND
  (4) IS PRESCRIBED FOR THE ENHANCEMENT OF AN INDIVIDUAL'S APPEARANCE.
  S 2. Subparagraph 9 of paragraph a of subdivision 2 of section 6807 of
the  education  law,  as  amended by chapter 538 of the laws of 2001, is
amended and a new subparagraph 10 is added to read as follows:
  (9) the dispensing of drugs pursuant to an oncological or AIDS  proto-
col[.]; OR
  (10)  THE  DISPENSING  OF AN AESTHETIC PHARMACEUTICAL IN EXCESS OF THE
PATIENT'S IMMEDIATE NEEDS WHEN  DISPENSED  BY  A  PHYSICIAN,  WHERE  THE
PHYSICIAN:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10228-01-1

2011-A6602A (ACTIVE) - Details

See Senate Version of this Bill:
S4075
Law Section:
Education Law
Laws Affected:
Amd §§6802 & 6807, Ed L

2011-A6602A (ACTIVE) - Summary

Relates to dispensing by physicians of a pharmaceutical with an aesthetic or cosmetic use or purpose.

2011-A6602A (ACTIVE) - Bill Text download pdf 

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

                                 6602--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 23, 2011
                               ___________

Introduced  by  M. of A. HOYT -- 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, in relation to dispensing by physi-
  cians of a pharmaceutical with an aesthetic or cosmetic use or purpose

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

  Section  1.  Section  6802 of the education law is amended by adding a
new subdivision 23 to read as follows:
  23. "AESTHETIC PHARMACEUTICAL" MEANS:
  A. BIMATOPROST;
  B. A DRUG THAT:
  (1) IS NOT A CONTROLLED SUBSTANCE;
  (2) REQUIRES A PRESCRIPTION FOR DISPENSATION;
  (3) HAS BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION; AND
  (4) IS PRESCRIBED FOR THE ENHANCEMENT OF AN INDIVIDUAL'S APPEARANCE.
  S 2. Subparagraph 9 of paragraph a of subdivision 2 of section 6807 of
the education law, as amended by chapter 538 of the  laws  of  2001,  is
amended and a new subparagraph 10 is added to read as follows:
  (9)  the dispensing of drugs pursuant to an oncological or AIDS proto-
col[.]; OR
  (10) THE DISPENSING OF AN AESTHETIC PHARMACEUTICAL IN  EXCESS  OF  THE
PATIENT'S  IMMEDIATE  NEEDS  WHEN  DISPENSED  BY  A PHYSICIAN, WHERE THE
PHYSICIAN:
  I. INFORMS THE PATIENT THAT THE PRESCRIPTION MAY BE FILLED AT A  PHAR-
MACY OR DISPENSED IN THE PHYSICIAN'S OFFICE;
  II. DISPENSES ONLY TO THE PHYSICIAN'S PATIENTS; AND
  III.  COMPLIES  WITH ALL STATE AND FEDERAL LABELING AND RECORD KEEPING
REQUIREMENTS. A RECORD MAINTAINED UNDER THIS SUBPARAGRAPH MUST BE ACCES-
SIBLE TO THE EXTENT REQUIRED BY STATE AND FEDERAL LAW. A  PHYSICIAN  MAY
CHARGE A FEE FOR DISPENSING AN AESTHETIC PHARMACEUTICAL.
  S 3. This act shall take effect immediately.

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

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