Assembly Bill A5929A

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

                                 5929--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 9, 2015
                               ___________

Introduced  by  M.  of  A.  PICHARDO,  MOSLEY,  TITUS, ORTIZ, SEPULVEDA,
  ARROYO, HOOPER, LINARES -- Multi-Sponsored by -- M. of A. COOK,  CRES-
  PO,  DAVILA, HEVESI, KIM, PERRY, PERSAUD, RIVERA, ROBINSON, RODRIGUEZ,
  SOLAGES -- 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 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 efficacy of the treatments are  enhanced  when  patients  can
obtain  their  medicines  directly from their physicians and immediately
learn correct application techniques  under  the  doctor's  supervision.
This  is  especially  true in the case of medications used to treat skin
discoloration affecting people of color. Due to the sensitivity  of  the
skin  and  eyes,  patients often require additional guidance from physi-
cians in the proper administration of treatments,  and  this  method  of
instruction  coupled  with  dispensing  by  physicians  currently  helps
millions of patients around the country. Unfortunately, New  York  state
law has failed to similarly keep pace with medical developments, and New
York  is  one  of  only  five  states  in  the nation that prohibits the
dispensing of medications by physicians. This has  resulted  in  certain

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08493-02-5
              

A. 5929--A                          2

medications  not being as accessible to New York patients as they are in
other states, keeping some patients away from  desired  treatments,  and
driving others out of state to obtain treatment.
  S  3.  Section  6802  of  the education law is amended by adding a new
subdivision 27 to read as follows:
  27. "TOPICAL PHARMACEUTICAL" MEANS:
  A. BIMATOPROST;
  B. HYDROQUINONE;
  C. METRONIDAZOLE;
  D. TRETINOIN;
  E. IMIQUIMOD;
  F. ACYCLOVIR; OR
  G. 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 A SKIN CONDITION, 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 A  TOPICAL  PHARMACEUTICAL  IN  EXCESS  OF  THE
PATIENT'S IMMEDIATE NEEDS WHEN DISPENSED BY A LICENSED PRESCRIBER, WHERE
THE LICENSED PRESCRIBER:
  I.  TO THE EXTENT A TOPICAL PHARMACEUTICAL IS AVAILABLE AT A PHARMACY,
INFORMS THE PATIENT THAT THE PRESCRIPTION MAY BE FILLED AT A PHARMACY OR
DISPENSED IN THE LICENSED PRESCRIBER'S OFFICE;
  II. DISPENSES ONLY TO THE LICENSED PRESCRIBER'S PATIENTS;
  III. BELIEVES THAT DISPENSING WOULD IMPROVE THE SAFETY AND EFFICACY OF
THE DRUG OR COMPLIANCE WITH TREATMENT BY THAT PATIENT; AND
  IV. COMPLIES WITH ALL STATE AND FEDERAL LABELING  AND  RECORD  KEEPING
REQUIREMENTS  APPLICABLE  TO  THE TOPICAL PHARMACEUTICAL. A RECORD MAIN-
TAINED UNDER THIS SUBPARAGRAPH MUST BE ACCESSIBLE TO THE EXTENT REQUIRED
BY STATE AND FEDERAL LAW. A LICENSED PRESCRIBER MAY  CHARGE  A  FEE  FOR
DISPENSING A TOPICAL PHARMACEUTICAL.
  S 5. This act shall take effect immediately.