S T A T E O F N E W Y O R K
________________________________________________________________________
2675
2015-2016 Regular Sessions
I N A S S E M B L Y
January 20, 2015
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Insurance
AN ACT to amend 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 6802 of the education law is amended by adding a
new subdivision 27 to read as follows:
27. "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.
LBD01323-01-5
A. 2675 2
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.