Assembly Bill A10092

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10092
 
                           I N  A S S E M B L Y
 
                              March 14, 2018
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED,  SIMON,  BARRETT -- read once and
   referred to the Committee on Mental Health
 
 AN ACT to amend the  mental  hygiene  law  and  the  education  law,  in
   relation to integrated care and the location of pharmacies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The mental hygiene law is amended by adding a  new  section
 7.46 to read as follows:
 § 7.46 OPERATING CERTIFICATES.
   (A)  THE  COMMISSIONER OR THE COMMISSIONER OF THE OFFICE OF ALCOHOLISM
 AND SUBSTANCE ABUSE SERVICES SHALL NOT  DENY  AN  OPERATING  CERTIFICATE
 PURSUANT TO SECTION 31.02 OR 32.05 OF THIS CHAPTER TO A FACILITY PROVID-
 ING OUT-PATIENT OR NON-RESIDENTIAL SERVICES FOR THE MENTALLY DISABLED OR
 INDIVIDUALS  SUFFERING FROM CHEMICAL ABUSE OR DEPENDENCE THAT INCLUDES A
 PHARMACY WITHIN THE FACILITY, PROVIDED THAT THE PHARMACY:
   (1) CONFORMS WITH PARAGRAPH G OF SUBDIVISION  TWO  OF  SECTION  SIXTY-
 EIGHT HUNDRED EIGHT OF THE EDUCATION LAW;
   (2) IS NOT OPERATED BY THE FACILITY;
   (3) DOES NOT SHARE REVENUE OF THE PHARMACY WITH THE FACILITY; AND
   (4)  DOES  NOT  REQUIRE  OR  OTHERWISE COERCE PATIENTS TO UTILIZE SUCH
 PHARMACY.
   (B) FURTHERMORE, PATIENTS, CLINIC  STAFF  AND  OTHER  INDIVIDUALS  MAY
 TRAVERSE  THE COMMON WAITING AREA WITHIN THE CLINIC SPACE TO ACCESS SUCH
 PHARMACY, AND THE PHARMACY NEED NOT  HAVE  A  SEPARATE  PUBLIC  ENTRANCE
 LEADING  FROM  OUTSIDE OF THE BUILDING TO SUCH PHARMACY. NOTHING IN THIS
 SUBDIVISION SHALL PREVENT THE FACILITY FROM  COLLECTING  RENT  FROM  THE
 OPERATOR  OF  SUCH  PHARMACY  IF SUCH PHARMACY IS LEASING SPACE FROM THE
 FACILITY.
   § 2. Paragraphs g and h of subdivision 2 of section 6808 of the educa-
 tion law are relettered paragraphs h and i and  a  new  paragraph  g  is
 added to read as follows:
   G.  A PHARMACY WITHIN A FACILITY PROVIDING OUT-PATIENT OR NON-RESIDEN-
 TIAL SERVICES FOR THE MENTALLY DISABLED OR  INDIVIDUALS  SUFFERING  FROM
 CHEMICAL  ABUSE  OR  DEPENDENCE.    WHEN A PHARMACY IS OPERATED WITHIN A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13833-03-8

 A. 10092                            2
 
 FACILITY PROVIDING  OUT-PATIENT  OR  NON-RESIDENTIAL  SERVICES  FOR  THE
 MENTALLY  DISABLED  OR  INDIVIDUALS  SUFFERING  FROM  CHEMICAL  ABUSE OR
 DEPENDENCE UNDER AN OPERATING CERTIFICATE ISSUED BY THE COMMISSIONERS OF
 THE  OFFICE  OF  MENTAL HEALTH OR THE OFFICE OF ALCOHOLISM AND SUBSTANCE
 ABUSE SERVICES PURSUANT TO SECTION 31.02 OR 32.05 OF THE MENTAL  HYGIENE
 LAW,  THE  AREA  COMPROMISING  THE PHARMACY SHALL BE SECURED, PREVENTING
 UNAUTHORIZED ACCESS TO THE PHARMACY AND DRUGS WHEN A PHARMACIST  IS  NOT
 ON  DUTY.  IDENTIFICATION  OF THE AREA WITHIN THE PHARMACY BY USE OF THE
 WORDS "DRUGS", "MEDICINES", "DRUG STORE", OR "PHARMACY" OR SIMILAR TERMS
 SHALL BE RESTRICTED TO THE AREA LICENSED BY THE DEPARTMENT AS A  PHARMA-
 CY. PATIENTS, CLINIC STAFF AND OTHER INDIVIDUALS MAY TRAVERSE THE COMMON
 WAITING  AREA  WITHIN THE CLINIC SPACE TO ACCESS SUCH PHARMACY, AND SUCH
 PHARMACY NEED NOT HAVE A SEPARATE PUBLIC ENTRANCE LEADING  FROM  OUTSIDE
 OF THE BUILDING TO SUCH PHARMACY.
   § 3. This act shall take effect immediately.