NY State Senate Bill 2011-S7193

Archive: Last Bill Status - In Senate Committee Insurance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 01, 2012	referred to insurance

co-Sponsors

2011-S7193 (ACTIVE) - Details

See Assembly Version of this Bill:: A10460
Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §2341, Ins L; amd §§6802 & 6807, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5511, A4596
2015-2016: A2675
2017-2018: A2772

2011-S7193 (ACTIVE) - Summary

Relates to pharmaceuticals with an aesthetic or cosmetic use or purpose; authorizes physicians to dispense a certain aesthetic pharmaceutical in excess of the seventy-two hour supply limit generally imposed.

2011-S7193 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7193

TITLE OF BILL:
An act
to amend the insurance law and the education law, in relation to
pharmaceuticals with an aesthetic or cosmetic use or purpose

PURPOSE:
To give to consumers of aesthetic pharmaceuticals the option of having
a particular prescription dispensed from a pharmacy or the office of
the prescribing physician, and to monitor the effect of the sale of
unregulated non-pharmaceutical cosmetic formulas on liability
insurance rates.

SUMMARY OF PROVISIONS:
Section one amends the insurance law in relation to reviewing the
effect on liability insurance rates caused by the sale of certain
non-regulated cosmetic products that replicate the effects of
cosmetic pharmaceuticals.

Section two amends section 6802 of the education law to provide a
definition of an aesthetic pharmaceutical for purposes of the act.
Section three amends subdivision 2 of section 6807 of the education
law to allow physicians to dispense a certain aesthetic
pharmaceutical in excess of the seventy-two hour supply limit
generally imposed on by subdivision 2 of Section 6807. Section four

establishes the effective date.

EXISTING LAW:
Currently, physicians are limited to dispensing a 72 hour supply of
prescription drugs unless they meet one of the exemptions provided in
section 6807(2) of the education law.

JUSTIFICATION:
This bill would expand the options to consumers in the purchase of a
certain identified aesthetic pharmaceutical that is dispensed only to
improve or change physical appearance and not for purposes of
treating a medical condition. It will also help ensure that consumers
of these aesthetic pharmaceuticals receive only fully efficacious
drugs and avoid the purchase of copies or "knock offs" that do not
provide the full benefit of the prescribed aesthetic pharmaceutical.
The bill also provides express statutory authorization relating to
the review of the impact that the sale of such "knock-off" products
have on liability insurance rates.

FISCAL IMPLICATIONS:
None to state.

LEGISLATIVE HISTORY:
New Bill.

EFFECTIVE DATE:
Immediately.

2011-S7193 (ACTIVE) - Bill Text download pdf

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

                                  7193

                            I N  S E N A T E

                               May 1, 2012
                               ___________

Introduced by Sens. GRISANTI, MAZIARZ -- read twice and ordered printed,
  and when printed to be committed to the Committee on Insurance

AN  ACT to amend the insurance law and the education law, in relation to
  pharmaceuticals 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  2341 of the insurance law is amended by adding a
new subdivision (c) to read as follows:
  (C) OTHER MATTERS THAT THE SUPERINTENDENT MAY SUBMIT TO  THE  COUNCILS
FOR  CONSIDERATION  INCLUDE, BUT ARE NOT LIMITED TO, THE EXTENT TO WHICH
LIABILITY INSURANCE RATES ARE  AFFECTED  BY  NON-PRESCRIPTION  AESTHETIC
COMPOUNDS  DEVELOPED  WITHOUT  THE APPROVAL OF THE FEDERAL FOOD AND DRUG
ADMINISTRATION THAT ARE SOLD AS AN OVER-THE-COUNTER  SUBSTITUTE  FOR  AN
AESTHETIC  PHARMACEUTICAL AS SUCH TERM IS DEFINED IN SUBDIVISION TWENTY-
FOUR OF SECTION SIXTY-EIGHT HUNDRED TWO OF THE EDUCATION LAW.
  S 2. Section 6802 of the education law is  amended  by  adding  a  new
subdivision 24 to read as follows:
  24. "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 3. 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:

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

                                                           LBD15614-01-2

S. 7193                             2

  (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 4. This act shall take effect immediately;  provided,  however  that
the  amendments to section 2341 of the insurance law made by section one
of this act shall not affect the expiration of such section and shall be
deemed to expire therewith.

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Senate Bill S7193

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Archive: Last Bill Status - In Senate Committee Insurance Committee

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co-Sponsors

2011-S7193 (ACTIVE) - Details

2011-S7193 (ACTIVE) - Summary

2011-S7193 (ACTIVE) - Sponsor Memo

2011-S7193 (ACTIVE) - Bill Text download pdf

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Sponsored By

Mark Grisanti

Archive: Last Bill Status - In Senate Committee Insurance Committee

Actions

co-Sponsors

George D. Maziarz

2011-S7193 (ACTIVE) - Details

2011-S7193 (ACTIVE) - Summary

2011-S7193 (ACTIVE) - Sponsor Memo

2011-S7193 (ACTIVE) - Bill Text download pdf

Comments