NY State Senate Bill 2013-S5510

Archive: Last Bill Status - Stricken

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
Apr 28, 2014	recommit, enacting clause stricken
Jan 08, 2014	referred to higher education
May 16, 2013	referred to higher education

2013-S5510 (ACTIVE) - Details

Law Section:: Education Law
Laws Affected:: Amd §§6802 & 6807, Ed L

2013-S5510 (ACTIVE) - Summary

Enacts the topical medication safety and efficacy act.

2013-S5510 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5510

TITLE OF BILL:  An act to amend the education law, in relation to
enacting the topical medication safety and efficacy act

PURPOSE:

This bill gives physicians the limited and specific ability to
dispense topical, aesthetic pharmaceuticals where such distribution
would enhance the safety or efficacy of the medication for that
patient.

SUMMARY OF PROVISIONS:

Section one contains a short title for the act.  Section two contains
legislative findings and intent. Section three amends section 6802 of
the education law to provide a definition of an aesthetic
pharmaceutical fox purposes of the act. Section four amends
subdivision 2 or section 6807 of the education law and adds a new
subparagraph 10 to allow physicians to dispense certain aesthetic
pharmaceuticals in excess or the seventy-two hour supply limit
generally imposed by subdivision 2 of Section 6807. Section five
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:

Modern pharmaceutical research has expanded the ability of physicians
to heel their patients, but these new discoveries require not just new
chemical compounds, but also occasionally require new methods of
administering treatments and distributing medicines to patients.
Certain topically applied medications are more safely and effectively
administered when a patient obtains them directly from the physician's
office, where the patient can learn correct application techniques
under the physician's supervision, can ask follow up questions, and
can receive advice on modifying the application regimen to respond to
the patient's particular condition.

This is particularly true in the case of medications used to treat
skin discoloration affecting people of color and pregnant women, as
well as medication used to help cancer patients prevent eye injuries
by restoring eyelashes lost as a side effect of chemotherapy. in those
eases, the sensitivity of the skin and eyes means that patients often
require additional guidance from physicians in the proper
administration of treatments.

Although these medications currently help millions of patients around
the country, New York is one of just three states that prohibit
physicians from dispensing prescription medications to their patients
in their offices. Because some topical medications are simply more
effective when dispensed by physicians to their patients, certain
topical medications are not as widely available to New York patients


as in others states, limiting some patients' access to desired
treatments and driving others to seek treatment out of state. This
legislation would bring New York in line with the rest of the country
and permit limited physician dispensing

FISCAL IMPLICATIONS:

None.

LEGISLATIVE HISTORY:

New Bill.

EFFECTIVE DATE:

Immediately.

2013-S5510 (ACTIVE) - Bill Text download pdf

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

                                  5510

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to enacting  the  topical
  medication safety and efficacy act

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

  Section 1.  Short title. This act shall be known and may be  cited  as
the "topical medication safety and efficacy act".
  S 2.  Legislative findings and intent. The legislature recognizes that
medicine  is  an  important  and  ever-changing field marked by constant
advances in knowledge and methods. Modern  pharmaceutical  research  has
expanded the ability of physicians to heal their patients, but these new
discoveries  require  not  just  new  chemical compounds, but also occa-
sionally require new methods of administering treatments and  distribut-
ing  medicines  to patients. For some topically applied medications, the
safety and effectiveness of these treatments are  enhanced  for  certain
patients  by learning correct application techniques under a physician's
supervision, and through the ability of such patients  to  obtain  their
medicines directly from their physicians.
  The   legislature  further  finds  that  this  benefit  is  especially
pronounced in the case of medications used to treat  skin  discoloration
affecting people of color and pregnant women, as well as medication used
to help cancer patients prevent eye injuries by restoring eyelashes lost
as a side effect of chemotherapy. In these cases, the sensitivity of the
skin and eyes means that patients often require additional guidance from
physicians  in  the  proper  administration  of  treatments,  which help
millions of patients around the country. Because New York is one of only
three states in the nation that prohibits the dispensing of  medications
by  physicians, certain medicines are not available to New York patients
as they are in other states, restricting  patients'  access  to  desired
treatments, and driving many out-of-state to obtain treatment.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08710-01-3

S. 5510                             2

  S  3.  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. HYDROQUINONE;
  C. METRONIDAZOLE;
  D. TRETINOIN; OR
  E. A DRUG THAT:
  (1) IS NOT A CONTROLLED SUBSTANCE;
  (2) REQUIRES A PRESCRIPTION FOR DISPENSATION;
  (3)  HAS BEEN REGISTERED WITH OR APPROVED BY THE FEDERAL FOOD AND DRUG
ADMINISTRATION; AND
  (4) IS PRESCRIBED FOR THE SKIN, THE TREATMENT OF CERTAIN  SKIN  CONDI-
TIONS, OR THE ENHANCEMENT OF AN INDIVIDUAL'S APPEARANCE.
  S 4. 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 TO THE PRESCRIBER'S
PATIENTS WHERE THE PRESCRIBER BELIEVES THAT DISPENSING WOULD IMPROVE THE
SAFETY  AND EFFICACY OF THE DRUG FOR THAT PATIENT, AND, TO THE EXTENT AN
AESTHETIC PHARMACEUTICAL IS AVAILABLE AT A PHARMACY, INFORMS THE PATIENT
THAT THE PRESCRIPTION MAY BE FILLED AT A PHARMACY OR  DISPENSED  IN  THE
PRESCRIBER'S  OFFICE.  A  PRESCRIBER  MAY CHARGE A FEE FOR DISPENSING AN
AESTHETIC PHARMACEUTICAL.
  S 5. This act shall take effect immediately.

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Senate Bill S5510

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Archive: Last Bill Status - Stricken

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2013-S5510 (ACTIVE) - Details

2013-S5510 (ACTIVE) - Summary

2013-S5510 (ACTIVE) - Sponsor Memo

2013-S5510 (ACTIVE) - Bill Text download pdf

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Sponsored By

Mark Grisanti

Archive: Last Bill Status - Stricken

Actions

2013-S5510 (ACTIVE) - Details

2013-S5510 (ACTIVE) - Summary

2013-S5510 (ACTIVE) - Sponsor Memo

2013-S5510 (ACTIVE) - Bill Text download pdf

Comments