Senate Bill S7078A

Vetoed By Governor
2015-2016 Legislative Session

Relates to authorizing pharmacists to refill certain prescriptions

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Archive: Last Bill Status Via A9528 - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

2015-S7078 - Details

See Assembly Version of this Bill:
A9528
Law Section:
Education Law
Laws Affected:
Amd §6810, Ed L
Versions Introduced in 2017-2018 Legislative Session:
S5171, A6371

2015-S7078 - Summary

Relates to authorizing pharmacists to refill non-controlled substance prescriptions for quantities of drugs not to exceed a ninety day supply.

2015-S7078 - Sponsor Memo

2015-S7078 - Bill Text download pdf

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

                                  7078

                            I N  S E N A T E

                             March 22, 2016
                               ___________

Introduced  by  Sen.  FELDER -- 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  authorizing  pharma-
  cists  to refill non-controlled substance prescriptions for quantities
  of drugs not to exceed a ninety day supply, subject to certain  condi-
  tions

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

  Section 1. The opening paragraph of paragraph (a) of subdivision 2  of
section 6810 of the education law, as amended by chapter 413 of the laws
of 2014, is amended to read as follows:
  A prescription may not be refilled unless it bears a contrary instruc-
tion and indicates on its face the number of times it may be refilled. A
prescription  may  not  be  refilled  more  times  than  allowed  on the
prescription. The date of  each  refilling  must  be  indicated  on  the
original  prescription. Prescriptions for controlled substances shall be
refilled only pursuant to article thirty-three of the public health law.
A PHARMACIST MAY EXERCISE HIS OR HER PROFESSIONAL JUDGEMENT IN REFILLING
A PRESCRIPTION FOR A QUANTITY OF A DRUG GREATER THAN THE INITIAL QUANTI-
TY OF A DRUG PRESCRIBED BY THE PRESCRIBING PRACTITIONER PROVIDED THAT:
  (I) SUCH REFILL IS MADE AFTER THE PATIENT'S  INITIAL  PRESCRIPTION  IS
DISPENSED;
  (II)  SUCH REFILL DOES NOT EXCEED A NINETY DAY SUPPLY OF SUCH DRUG AND
DOES NOT EXCEED THE TOTAL QUANTITY OF SUCH DRUG AUTHORIZED BY THE  PRES-
CRIBER;
  (III)  THE  PRESCRIBER  HAS NOT INDICATED THAT THE INITIAL QUANTITY OR
REFILL QUANTITY OF THE PRESCRIBED DRUG SHALL NOT BE CHANGED;
  (IV) SUCH DRUG IS NOT A CONTROLLED SUBSTANCE;
  (V) THE PHARMACIST INFORMS THE PRESCRIBER OF SUCH REFILL AS SOON AS IS
REASONABLY POSSIBLE, BUT NO LATER  THAN  FORTY-EIGHT  HOURS  AFTER  SUCH
REFILL IS MADE; AND
  (VI)  THE PATIENT'S HEALTH INSURANCE POLICY OR HEALTH BENEFIT PLAN, IF
ANY, WILL COVER THE REFILL QUANTITY DISPENSED, WITHOUT ADDITIONAL CO-IN-
SURANCE, DEDUCTIBLE OR OTHER OUT-OF-POCKET EXPENSE  REQUIRED  FROM  SUCH
PATIENT.
  S 2. This act shall take effect immediately.

              

2015-S7078A (ACTIVE) - Details

See Assembly Version of this Bill:
A9528
Law Section:
Education Law
Laws Affected:
Amd §6810, Ed L
Versions Introduced in 2017-2018 Legislative Session:
S5171, A6371

2015-S7078A (ACTIVE) - Summary

Relates to authorizing pharmacists to refill non-controlled substance prescriptions for quantities of drugs not to exceed a ninety day supply.

2015-S7078A (ACTIVE) - Sponsor Memo

2015-S7078A (ACTIVE) - Bill Text download pdf

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

                                 7078--A

                            I N  S E N A T E

                             March 22, 2016
                               ___________

Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
  printed to be committed  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  authorizing  pharma-
  cists  to refill non-controlled substance prescriptions for quantities
  of drugs not to exceed a ninety day supply, subject to certain  condi-
  tions

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

  Section 1. The opening paragraph of paragraph (a) of subdivision 2  of
section 6810 of the education law, as amended by chapter 413 of the laws
of 2014, is amended to read as follows:
  A prescription may not be refilled unless it bears a contrary instruc-
tion and indicates on its face the number of times it may be refilled. A
prescription  may  not  be  refilled  more  times  than  allowed  on the
prescription. The date of  each  refilling  must  be  indicated  on  the
original  prescription. Prescriptions for controlled substances shall be
refilled only pursuant to article thirty-three of the public health law.
A PHARMACIST MAY EXERCISE HIS OR HER PROFESSIONAL JUDGEMENT IN REFILLING
A PRESCRIPTION FOR A QUANTITY OF A DRUG GREATER THAN THE INITIAL QUANTI-
TY OF A DRUG PRESCRIBED BY THE PRESCRIBING PRACTITIONER PROVIDED THAT:
  (I) SUCH REFILL IS MADE AFTER THE PATIENT'S  INITIAL  PRESCRIPTION  IS
DISPENSED;
  (II)  SUCH REFILL DOES NOT EXCEED A NINETY DAY SUPPLY OF SUCH DRUG AND
DOES NOT EXCEED THE TOTAL QUANTITY OF SUCH DRUG AUTHORIZED BY THE  PRES-
CRIBER;
  (III)  THE  PRESCRIBER  HAS NOT INDICATED THAT THE INITIAL QUANTITY OR
REFILL QUANTITY OF THE PRESCRIBED DRUG SHALL NOT BE CHANGED;
  (IV) SUCH DRUG IS NOT A CONTROLLED SUBSTANCE;
  (V) THE PHARMACIST INFORMS THE PRESCRIBER OF SUCH REFILL AS SOON AS IS
REASONABLY POSSIBLE, BUT NO LATER THAN FIVE  BUSINESS  DAYS  AFTER  SUCH
REFILL IS MADE; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14611-04-6
              

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