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Assembly Bill A9093A

2013-2014 Legislative Session

Relates to the dispensing, by a pharmacist, of more than a ninety day supply of a prescription eye drop pursuant to a valid prescription

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2013-A9093 - Details

Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Amd §6810, Ed L

2013-A9093 - Summary

Relates to the dispensing, by a pharmacist, of more than a ninety day supply of a prescription eye drop pursuant to a valid prescription.

2013-A9093 - Bill Text download pdf 

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

                                  9093

                          I N  A S S E M B L Y

                             March 13, 2014
                               ___________

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

AN ACT to amend the education law, in relation to the dispensing,  by  a
  pharmacist,  of  more  than  a  ninety  day supply of a dangerous drug
  pursuant to a valid prescription

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

  Section  1.  Section  6810 of the education law is amended by adding a
new subdivision 14 to read as follows:
  14. (A) A "DANGEROUS DRUG" IS DEFINED  AS  ANY  DRUG  THAT  BEARS  THE
LEGEND:    "CAUTION:    FEDERAL   LAW   PROHIBITS   DISPENSING   WITHOUT
PRESCRIPTION," "RX ONLY," OR WORDS OF SIMILAR IMPORT.
  (B) A PHARMACIST MAY DISPENSE NOT MORE THAN A NINETY DAY SUPPLY  OF  A
DANGEROUS  DRUG,  OTHER THAN A CONTROLLED SUBSTANCE, PURSUANT TO A VALID
PRESCRIPTION THAT SPECIFIES AN INITIAL QUANTITY OF LESS  THAN  A  NINETY
DAY  SUPPLY  FOLLOWED  BY  PERIODIC REFILLS OF THAT AMOUNT IF ALL OF THE
FOLLOWING REQUIREMENTS ARE SATISFIED:
  (I) THE PATIENT HAS COMPLETED AN INITIAL  THIRTY  DAY  SUPPLY  OF  THE
DANGEROUS DRUG.
  (II)  THE TOTAL QUANTITY OF DOSAGE UNITS DISPENSED DOES NOT EXCEED THE
TOTAL QUANTITY OF DOSAGE UNITS  AUTHORIZED  BY  THE  PRESCRIBER  ON  THE
PRESCRIPTION, INCLUDING REFILLS.
  (III)  THE  PRESCRIBER  HAS  NOT  SPECIFIED  ON  THE PRESCRIPTION THAT
DISPENSING THE PRESCRIPTION IN AN INITIAL AMOUNT  FOLLOWED  BY  PERIODIC
REFILLS IS MEDICALLY NECESSARY.
  (IV) THE PHARMACIST IS EXERCISING HIS OR HER PROFESSIONAL JUDGMENT.
  (C)  FOR  PURPOSES  OF THIS SECTION, IF THE PRESCRIPTION CONTINUES THE
SAME MEDICATION AS PREVIOUSLY DISPENSED IN  A  NINETY  DAY  SUPPLY,  THE
INITIAL  THIRTY  DAY  SUPPLY  UNDER SUBPARAGRAPH (I) OF PARAGRAPH (B) OF
THIS SUBDIVISION IS NOT REQUIRED.
  (D) A PHARMACIST DISPENSING AN INCREASED SUPPLY OF  A  DANGEROUS  DRUG
PURSUANT  TO THIS SECTION SHALL NOTIFY THE PRESCRIBER OF THE INCREASE IN
THE QUANTITY OF DOSAGE UNITS DISPENSED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14118-01-4

2013-A9093A (ACTIVE) - Details

Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Amd §6810, Ed L

2013-A9093A (ACTIVE) - Summary

Relates to the dispensing, by a pharmacist, of more than a ninety day supply of a prescription eye drop pursuant to a valid prescription.

2013-A9093A (ACTIVE) - Bill Text download pdf 

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

                                 9093--A

                          I N  A S S E M B L Y

                             March 13, 2014
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES -- 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 the dispensing, by a
  pharmacist, of more than a ninety day supply  of  a  prescription  eye
  drop pursuant to a valid prescription

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

  Section 1. Section 6810 of the education law is amended  by  adding  a
new subdivision 15 to read as follows:
  15. (A) A PHARMACIST MAY DISPENSE NOT MORE THAN A NINETY DAY SUPPLY OF
A  PRESCRIPTION EYE DROP PURSUANT TO A VALID PRESCRIPTION THAT SPECIFIES
AN INITIAL QUANTITY OF LESS THAN A NINETY DAY SUPPLY FOLLOWED BY PERIOD-
IC REFILLS OF THAT AMOUNT IF  ALL  OF  THE  FOLLOWING  REQUIREMENTS  ARE
SATISFIED:
  (I)  THE  PATIENT  HAS  COMPLETED  AN INITIAL THIRTY DAY SUPPLY OF THE
PRESCRIPTION EYE DROP.
  (II) THE TOTAL QUANTITY OF DOSAGE UNITS DISPENSED DOES NOT EXCEED  THE
TOTAL  QUANTITY  OF  DOSAGE  UNITS  AUTHORIZED  BY THE PRESCRIBER ON THE
PRESCRIPTION, INCLUDING REFILLS.
  (III) THE PRESCRIBER  HAS  NOT  SPECIFIED  ON  THE  PRESCRIPTION  THAT
DISPENSING  THE  PRESCRIPTION  IN AN INITIAL AMOUNT FOLLOWED BY PERIODIC
REFILLS IS MEDICALLY NECESSARY.
  (IV) THE PHARMACIST IS EXERCISING HIS OR HER PROFESSIONAL JUDGMENT.
  (B) FOR PURPOSES OF THIS SECTION, IF THE  PRESCRIPTION  CONTINUES  THE
SAME  MEDICATION  AS  PREVIOUSLY  DISPENSED  IN A NINETY DAY SUPPLY, THE
INITIAL THIRTY DAY SUPPLY UNDER SUBPARAGRAPH (I)  OF  PARAGRAPH  (A)  OF
THIS SUBDIVISION IS NOT REQUIRED.
  (C)  A PHARMACIST DISPENSING AN INCREASED SUPPLY OF A PRESCRIPTION EYE
DROP PURSUANT TO  THIS  SECTION  SHALL  NOTIFY  THE  PRESCRIBER  OF  THE
INCREASE IN THE QUANTITY OF DOSAGE UNITS DISPENSED.
  (D)  IN  NO  CASE  SHALL  A  PHARMACIST DISPENSE A GREATER SUPPLY OF A
PRESCRIPTION EYE  DROP  PURSUANT  TO  THIS  SECTION  IF  THE  PRESCRIBER
PERSONALLY  INDICATES,  EITHER  ORALLY OR IN HIS OR HER OWN HANDWRITING,

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

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