S T A T E O F N E W Y O R K
________________________________________________________________________
5571
2013-2014 Regular Sessions
I N A S S E M B L Y
March 1, 2013
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Introduced by M. of A. GIBSON, STEVENSON -- Multi-Sponsored by -- M. of
A. ARROYO, PERRY, WEISENBERG -- read once and referred to the Commit-
tee 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08710-01-3
A. 5571 2
as they are in other states, restricting patients' access to desired
treatments, and driving many out-of-state to obtain treatment.
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.