A. 7199 2
TIES, OR A SURGEON WHO CONSULTS PREDOMINANTLY WITH PATIENTS WHO HAVE A
CANCER DIAGNOSIS.
(28-B) (A) ANY POLICY THAT PROVIDES COVERAGE FOR PRESCRIPTION DRUGS
AND ALSO PROVIDES COVERAGE FOR HUMAN IMMUNODEFICIENCY VIRUS INFECTION
AND ACQUIRED IMMUNE DEFICIENCY SYNDROME TREATMENT SHALL PERMIT EACH
INSURED TO FILL ANY COVERED PRESCRIPTION THAT MAY BE OBTAINED AT A
NETWORK PARTICIPATING MAIL ORDER OR OTHER NON-RETAIL PHARMACY, AT THE
INSURED'S OPTION, FROM A NETWORK PARTICIPATING PHYSICIAN PROVIDING
SERVICES IN ACCORDANCE WITH SECTION SIXTY-EIGHT HUNDRED SEVEN OF THE
EDUCATION LAW. ANY POLICY PROVIDING SUCH COVERAGE SHALL NOT IMPOSE A
CO-PAYMENT FEE OR OTHER CONDITION ON ANY INSURED WHO ELECTS TO PURCHASE
ANTIRETROVIRAL MEDICATIONS FROM A PRESCRIBING NETWORK PARTICIPATING
PHYSICIAN WHICH IS NOT ALSO IMPOSED ON INSUREDS ELECTING TO PURCHASE
DRUGS FROM A NETWORK PARTICIPATING MAIL ORDER OR OTHER NON-RETAIL PHAR-
MACY. THE POLICY SHALL NOT EXCLUDE FROM NETWORK PARTICIPATION ANY PHYSI-
CIAN DISPENSING OR INVOLVED IN THE PROVISION OF PHARMACY SERVICES IN
ACCORDANCE WITH SECTION SIXTY-EIGHT HUNDRED SEVEN OF THE EDUCATION LAW
DUE TO THEIR DISPENSING OR THE PROVISION OF SAID PHARMACY SERVICES. THIS
PARAGRAPH SHALL ALSO APPLY TO ANY PHARMACY BENEFITS MANAGER AS DEFINED
IN SECTION TWO HUNDRED EIGHTY-A OF THE PUBLIC HEALTH LAW.
(B) FOR THE PURPOSES OF THIS PARAGRAPH, "ANTIRETROVIRAL MEDICATION"
SHALL MEAN A DRUG USED IN THE TREATMENT OF HUMAN IMMUNODEFICIENCY VIRUS
INFECTION AND ACQUIRED IMMUNE DEFICIENCY SYNDROME.
§ 2. Subsection (l) of section 3221 of the insurance law is amended by
adding two new paragraphs 18-a and 18-b to read as follows:
(18-A) (A) ANY POLICY THAT PROVIDES COVERAGE FOR PRESCRIPTION DRUGS
AND ALSO PROVIDES COVERAGE FOR CANCER CHEMOTHERAPY TREATMENT SHALL
PERMIT EACH INSURED TO FILL ANY COVERED PRESCRIPTION UNDER PARAGRAPH
TWELVE-A OF THIS SUBSECTION THAT MAY BE OBTAINED AT A NETWORK PARTIC-
IPATING MAIL ORDER OR OTHER NON-RETAIL PHARMACY, AT THE INSURED'S
OPTION, FROM A NETWORK PARTICIPATING ONCOLOGIST PROVIDING SERVICES IN
ACCORDANCE WITH SECTION SIXTY-EIGHT HUNDRED SEVEN OF THE EDUCATION LAW.
ANY POLICY PROVIDING SUCH COVERAGE SHALL NOT IMPOSE A CO-PAYMENT FEE OR
OTHER CONDITION ON ANY INSURED WHO ELECTS TO PURCHASE ORAL ANTICANCER
MEDICATIONS FROM A PRESCRIBING NETWORK PARTICIPATING ONCOLOGIST WHICH IS
NOT ALSO IMPOSED ON INSUREDS ELECTING TO PURCHASE DRUGS FROM A NETWORK
PARTICIPATING MAIL ORDER OR OTHER NON-RETAIL PHARMACY. THE POLICY SHALL
NOT EXCLUDE FROM NETWORK PARTICIPATION ANY ONCOLOGIST DISPENSING OR
INVOLVED IN THE PROVISION OF PHARMACY SERVICES IN ACCORDANCE WITH
SECTION SIXTY-EIGHT HUNDRED SEVEN OF THE EDUCATION LAW DUE TO THEIR
DISPENSING OR THE PROVISION OF SAID PHARMACY SERVICES. THIS PARAGRAPH
SHALL ALSO APPLY TO ANY PHARMACY BENEFITS MANAGER AS DEFINED IN SECTION
TWO HUNDRED EIGHTY-A OF THE PUBLIC HEALTH LAW.
(B) FOR THE PURPOSES OF THIS PARAGRAPH, "ONCOLOGIST" SHALL MEAN A
LICENSED OR REGISTERED PHYSICIAN WHO IS BOARD CERTIFIED OR BOARD ELIGI-
BLE IN MEDICAL ONCOLOGY, RADIATION ONCOLOGY, HEMATOLOGY, OR ANOTHER
ONCOLOGY SPECIALTY RECOGNIZED BY THE AMERICAN BOARD OF MEDICAL SPECIAL-
TIES, OR A SURGEON WHO CONSULTS PREDOMINANTLY WITH PATIENTS WHO HAVE A
CANCER DIAGNOSIS.
(18-B) (A) ANY POLICY THAT PROVIDES COVERAGE FOR PRESCRIPTION DRUGS
AND ALSO PROVIDES COVERAGE FOR HUMAN IMMUNODEFICIENCY VIRUS INFECTION
AND ACQUIRED IMMUNE DEFICIENCY SYNDROME TREATMENT SHALL PERMIT EACH
INSURED TO FILL ANY COVERED PRESCRIPTION THAT MAY BE OBTAINED AT A
NETWORK PARTICIPATING MAIL ORDER OR OTHER NON-RETAIL PHARMACY, AT THE
INSURED'S OPTION, FROM A NETWORK PARTICIPATING PHYSICIAN PROVIDING
SERVICES IN ACCORDANCE WITH SECTION SIXTY-EIGHT HUNDRED SEVEN OF THE
A. 7199 3
EDUCATION LAW. ANY POLICY PROVIDING SUCH COVERAGE SHALL NOT IMPOSE A
CO-PAYMENT FEE OR OTHER CONDITION ON ANY INSURED WHO ELECTS TO PURCHASE
ANTIRETROVIRAL MEDICATIONS FROM A PRESCRIBING NETWORK PARTICIPATING
PHYSICIAN WHICH IS NOT ALSO IMPOSED ON INSUREDS ELECTING TO PURCHASE
DRUGS FROM A NETWORK PARTICIPATING MAIL ORDER OR OTHER NON-RETAIL PHAR-
MACY. THE POLICY OR A PHARMACY BENEFIT MANAGER, AS DEFINED IN SECTION
TWO HUNDRED EIGHTY-A OF THE PUBLIC HEALTH LAW, SHALL NOT EXCLUDE FROM
NETWORK PARTICIPATION ANY PHYSICIAN DISPENSING OR INVOLVED IN THE
PROVISION OF PHARMACY SERVICES IN ACCORDANCE WITH SECTION SIXTY-EIGHT
HUNDRED SEVEN OF THE EDUCATION LAW DUE TO THEIR DISPENSING OR THE
PROVISION OF SAID PHARMACY SERVICES. THIS PARAGRAPH SHALL ALSO APPLY TO
ANY PHARMACY BENEFITS MANAGER AS DEFINED IN SECTION TWO HUNDRED EIGHTY-A
OF THE PUBLIC HEALTH LAW.
(B) FOR THE PURPOSES OF THIS PARAGRAPH, "ANTIRETROVIRAL MEDICATION"
SHALL MEAN A DRUG USED IN THE TREATMENT OF HUMAN IMMUNODEFICIENCY VIRUS
INFECTION AND ACQUIRED IMMUNE DEFICIENCY SYNDROME.
§ 3. Section 4303 of the insurance law is amended by adding two new
subsections (kk-1) and (kk-2) to read as follows:
(KK-1) (A) ANY CONTRACT THAT PROVIDES COVERAGE FOR PRESCRIPTION DRUGS
AND ALSO PROVIDES COVERAGE FOR CANCER CHEMOTHERAPY TREATMENT SHALL
PERMIT EACH INSURED TO FILL ANY COVERED PRESCRIPTION UNDER SUBSECTION
(Q-1) OF THIS SECTION THAT MAY BE OBTAINED AT A NETWORK PARTICIPATING
MAIL ORDER OR OTHER NON-RETAIL PHARMACY, AT THE INSURED'S OPTION, FROM A
NETWORK PARTICIPATING ONCOLOGIST PROVIDING SERVICES IN ACCORDANCE WITH
SECTION SIXTY-EIGHT HUNDRED SEVEN OF THE EDUCATION LAW. ANY POLICY
PROVIDING SUCH COVERAGE SHALL NOT IMPOSE A CO-PAYMENT FEE OR OTHER
CONDITION ON ANY INSURED WHO ELECTS TO PURCHASE ORAL ANTICANCER MEDICA-
TIONS FROM A PRESCRIBING NETWORK PARTICIPATING ONCOLOGIST WHICH IS NOT
ALSO IMPOSED ON INSUREDS ELECTING TO PURCHASE DRUGS FROM A NETWORK
PARTICIPATING MAIL ORDER OR OTHER NON-RETAIL PHARMACY. THE POLICY SHALL
NOT EXCLUDE FROM NETWORK PARTICIPATION ANY ONCOLOGIST DISPENSING OR
INVOLVED IN THE PROVISION OF PHARMACY SERVICES IN ACCORDANCE WITH
SECTION SIXTY-EIGHT HUNDRED SEVEN OF THE EDUCATION LAW DUE TO THEIR
DISPENSING OR THE PROVISION OF SAID PHARMACY SERVICES. THIS PARAGRAPH
SHALL ALSO APPLY TO ANY PHARMACY BENEFITS MANAGER AS DEFINED IN SECTION
TWO HUNDRED EIGHTY-A OF THE PUBLIC HEALTH LAW.
(B) FOR THE PURPOSES OF THIS PARAGRAPH, "ONCOLOGIST" SHALL MEAN A
LICENSED OR REGISTERED PHYSICIAN WHO IS BOARD CERTIFIED OR BOARD ELIGI-
BLE IN MEDICAL ONCOLOGY, RADIATION ONCOLOGY, HEMATOLOGY, OR ANOTHER
ONCOLOGY SPECIALTY RECOGNIZED BY THE AMERICAN BOARD OF MEDICAL SPECIAL-
TIES, OR A SURGEON WHO CONSULTS PREDOMINANTLY WITH PATIENTS WHO HAVE A
CANCER DIAGNOSIS.
(KK-2) (A) ANY CONTRACT THAT PROVIDES COVERAGE FOR PRESCRIPTION DRUGS
AND ALSO PROVIDES COVERAGE FOR HUMAN IMMUNODEFICIENCY VIRUS INFECTION
AND ACQUIRED IMMUNE DEFICIENCY SYNDROME TREATMENT SHALL PERMIT EACH
INSURED TO FILL ANY COVERED PRESCRIPTION THAT MAY BE OBTAINED AT A
NETWORK PARTICIPATING MAIL ORDER OR OTHER NON-RETAIL PHARMACY, AT THE
INSURED'S OPTION, FROM A NETWORK PARTICIPATING PHYSICIAN PROVIDING
SERVICES IN ACCORDANCE WITH SECTION SIXTY-EIGHT HUNDRED SEVEN OF THE
EDUCATION LAW. ANY CONTRACT PROVIDING SUCH COVERAGE SHALL NOT IMPOSE A
CO-PAYMENT FEE OR OTHER CONDITION ON ANY INSURED WHO ELECTS TO PURCHASE
ANTIRETROVIRAL MEDICATIONS FROM A PRESCRIBING NETWORK PARTICIPATING
PHYSICIAN WHICH IS NOT ALSO IMPOSED ON INSUREDS ELECTING TO PURCHASE
DRUGS FROM A NETWORK PARTICIPATING MAIL ORDER OR OTHER NON-RETAIL PHAR-
MACY. THE CONTRACT OR A PHARMACY BENEFIT MANAGER, AS DEFINED IN SECTION
TWO HUNDRED EIGHTY-A OF THE PUBLIC HEALTH LAW, SHALL NOT EXCLUDE FROM
A. 7199 4
NETWORK PARTICIPATION ANY PHYSICIAN DISPENSING OR INVOLVED IN THE
PROVISION OF PHARMACY SERVICES IN ACCORDANCE WITH SECTION SIXTY-EIGHT
HUNDRED SEVEN OF THE EDUCATION LAW DUE TO THEIR DISPENSING OR THE
PROVISION OF SAID PHARMACY SERVICES. THIS PARAGRAPH SHALL ALSO APPLY TO
ANY PHARMACY BENEFITS MANAGER AS DEFINED IN SECTION TWO HUNDRED EIGHTY-A
OF THE PUBLIC HEALTH LAW.
(B) FOR THE PURPOSES OF THIS PARAGRAPH, "ANTIRETROVIRAL MEDICATION"
SHALL MEAN A DRUG USED IN THE TREATMENT OF HUMAN IMMUNODEFICIENCY VIRUS
INFECTION AND ACQUIRED IMMUNE DEFICIENCY SYNDROME.
§ 4. Subdivisions 11, 12, 13, 14, 15, 16, and 17 of section 238 of the
public health law are renumbered subdivisions 13, 14, 15, 16, 17, 18,
and 19 and two new subdivisions 11 and 12 are added to read as follows:
11. "ONCOLOGIST" SHALL MEAN A LICENSED OR REGISTERED PHYSICIAN WHO IS
BOARD CERTIFIED OR BOARD ELIGIBLE IN MEDICAL ONCOLOGY, RADIATION ONCOLO-
GY, HEMATOLOGY, OR ANOTHER ONCOLOGY SPECIALTY RECOGNIZED BY THE AMERICAN
BOARD OF MEDICAL SPECIALTIES, OR A SURGEON WHO CONSULTS PREDOMINANTLY
WITH PATIENTS WHO HAVE A CANCER DIAGNOSIS.
12. "ONCOLOGY GROUP PRACTICE" SHALL MEAN A GROUP PRACTICE IN WHICH
EACH PRACTITIONER WHO IS A MEMBER OF THE GROUP IS AN ONCOLOGIST.
§ 5. Subdivision 4 of section 238-a of the public health law, as added
by chapter 803 of the laws of 1992, paragraphs (a), (b), and (c) as
amended by chapter 591 of the laws of 2000, and paragraph (d) as amended
by chapter 443 of the laws of 1993, is amended to read as follows:
4. An ownership interest or an investment interest shall not be
subject to subdivision one of this section if:
(a) the health care provider authorized to provide clinical laboratory
services, pharmacy services, radiation therapy services, physical thera-
py services or x-ray or imaging services is in a rural area and the
referring practitioner or the patient is in such rural area; or
(b) the clinical laboratory services, pharmacy services, radiation
therapy services, physical therapy services or x-ray or imaging services
are provided by a general hospital, the referring practitioner is
authorized to perform services at such general hospital and the owner-
ship or investment interest is in the general hospital itself and not
merely in a subdivision thereof; or
(c) the clinical laboratory services, pharmacy services, radiation
therapy services, physical therapy services or x-ray or imaging services
are provided by an ambulatory surgical center issued an operating
certificate pursuant to article twenty-eight of this chapter in conjunc-
tion with a surgical procedure performed by the referring practitioner
at the ambulatory surgical center; OR
(D) THE PHARMACY SERVICES ARE PROVIDED TO A CANCER PATIENT OF AN
ONCOLOGY GROUP PRACTICE BY A PHARMACY LICENSED UNDER SUBDIVISION TWO OF
SECTION SIXTY-EIGHT HUNDRED EIGHT OF THE EDUCATION LAW, THE OWNERSHIP OR
INVESTMENT INTEREST OF WHICH IS HELD EXCLUSIVELY BY PRACTITIONERS OF THE
ONCOLOGY GROUP PRACTICE, OF WHICH THE PRESCRIBING PRACTITIONER IS A
MEMBER; OR
(E) THE PHARMACY SERVICES ARE PROVIDED TO A HUMAN IMMUNODEFICIENCY
VIRUS INFECTION OR ACQUIRED IMMUNE DEFICIENCY SYNDROME PATIENT OF A
GROUP PRACTICE BY A PHARMACY LICENSED UNDER SUBDIVISION TWO OF SECTION
SIXTY-EIGHT HUNDRED EIGHT OF THE EDUCATION LAW, THE OWNERSHIP OR INVEST-
MENT INTEREST OF WHICH IS HELD EXCLUSIVELY BY PRACTITIONERS OF THE GROUP
PRACTICE, OF WHICH THE PRESCRIBING PRACTITIONER IS A MEMBER;
[(d)] (F) and if each practitioner who is an interested investor in a
health care provider within a category specified in paragraph (a), (b)
[or], (c), (D) OR (E) of this subdivision and who makes a referral of a
A. 7199 5
patient to such health care provider discloses to the patient, in a
brief and reasonable form and manner specified in regulations proposed
by the commissioner after consultation with representatives of consumer
and physician organizations and adopted by the public health council,
subject to approval by the commissioner, the practitioner's, or family
member's ownership interest or investment interest in the health care
provider and the patient's right to utilize a specifically identified
alternative health care provider if any such alternative is reasonably
available.
§ 6. Section 6509-a of the education law, as amended by chapter 555 of
the laws of 1993, is amended to read as follows:
§ 6509-a. Additional definition of professional misconduct; limited
application. Notwithstanding any inconsistent provision of this article
or of any other provision of law to the contrary, the license or regis-
tration of a person subject to the provisions of articles one hundred
thirty-two, one hundred thirty-three, one hundred thirty-six, one
hundred thirty-seven, one hundred thirty-nine, one hundred forty-one,
one hundred forty-three, one hundred forty-four, one hundred fifty-six,
one hundred fifty-nine and one hundred sixty-four of this chapter may be
revoked, suspended or annulled or such person may be subject to any
other penalty provided in section sixty-five hundred eleven of this
article in accordance with the provisions and procedure of this article
for the following:
That any person subject to the above enumerated articles, has directly
or indirectly requested, received or participated in the division,
transference, assignment, rebate, splitting or refunding of a fee for,
or has directly requested, received or profited by means of a credit or
other valuable consideration as a commission, discount or gratuity in
connection with the furnishing of professional care, or service, includ-
ing x-ray examination and treatment, or for or in connection with the
sale, rental, supplying or furnishing of clinical laboratory services or
supplies, x-ray laboratory services or supplies, inhalation therapy
service or equipment, ambulance service, hospital or medical supplies,
physiotherapy or other therapeutic service or equipment, artificial
limbs, teeth or eyes, orthopedic or surgical appliances or supplies,
optical appliances, supplies or equipment, devices for aid of hearing,
drugs, medication or medical supplies or any other goods, services or
supplies prescribed for medical diagnosis, care or treatment under this
chapter, except payment, not to exceed thirty-three and one-third per
centum of any fee received for x-ray examination, diagnosis or treat-
ment, to any hospital furnishing facilities for such examination, diag-
nosis or treatment. Nothing contained in this section shall prohibit
such persons from practicing as partners, in groups or as a professional
corporation or as a university faculty practice corporation nor from
pooling fees and moneys received, either by the partnerships, profes-
sional corporations, university faculty practice corporations or groups
by the individual members thereof, for professional services furnished
by any individual professional member, or employee of such partnership,
corporation or group, nor shall the professionals constituting the part-
nerships, corporations or groups be prohibited from sharing, dividing or
apportioning the fees and moneys received by them or by the partnership,
corporation or group in accordance with a partnership or other agree-
ment; provided that no such practice as partners, corporations or in
groups or pooling of fees or moneys received or shared, division or
apportionment of fees shall be permitted with respect to care and treat-
ment under the workers' compensation law except as expressly authorized
A. 7199 6
by the workers' compensation law. Nothing contained in this chapter
shall prohibit a medical or dental expense indemnity corporation pursu-
ant to its contract with the subscriber from prorationing a medical or
dental expense indemnity allowance among two or more professionals in
proportion to the services rendered by each such professional at the
request of the subscriber, provided that prior to payment thereof such
professionals shall submit both to the medical or dental expense indem-
nity corporation and to the subscriber statements itemizing the services
rendered by each such professional and the charges therefor. NOTHING IN
THIS SECTION SHALL PROHIBIT ANY PERSON SUBJECT TO THE ABOVE ENUMERATED
ARTICLES FROM PARTICIPATING IN AN ARRANGEMENT PERMITTED IN SECTION TWO
HUNDRED THIRTY-EIGHT-A OF THE PUBLIC HEALTH LAW.
§ 7. Subdivision 18 of section 6530 of the education law, as added by
chapter 606 of the laws of 1991, is amended to read as follows:
18. Directly or indirectly offering, giving, soliciting, or receiving
or agreeing to receive, any fee or other consideration to or from a
third party for the referral of a patient or in connection with the
performance of professional services[;]. THIS PROHIBITION SHALL NOT
INCLUDE ARRANGEMENTS PERMITTED IN SECTION TWO HUNDRED THIRTY-EIGHT-A OF
THE PUBLIC HEALTH LAW;
§ 8. Section 6802 of the education law is amended by adding three new
subdivisions 27, 28, and 29 to read as follows:
27. "ONCOLOGIST" SHALL MEAN A LICENSED OR REGISTERED PHYSICIAN WHO IS
BOARD CERTIFIED OR BOARD ELIGIBLE IN MEDICAL ONCOLOGY, RADIATION ONCOLO-
GY, HEMATOLOGY, OR ANOTHER ONCOLOGY SPECIALTY RECOGNIZED BY THE AMERICAN
BOARD OF MEDICAL SPECIALTIES, OR A SURGEON WHO CONSULTS PREDOMINANTLY
WITH PATIENTS WHO HAVE A CANCER DIAGNOSIS.
28. "ONCOLOGY GROUP PRACTICE" SHALL MEAN A GROUP PRACTICE IN WHICH
EACH PRACTITIONER WHO IS A MEMBER OF THE GROUP IS AN ONCOLOGIST.
29. "GROUP PRACTICE" SHALL MEAN A GROUP OF TWO OR MORE PRACTITIONERS
ORGANIZED AS A PARTNERSHIP, PROFESSIONAL CORPORATION, FOUNDATION, NOT-
FOR-PROFIT CORPORATION, FACULTY PRACTICE PLAN OR SIMILAR ASSOCIATION.
§ 9. Section 6807 of the education law, as amended by chapter 881 of
the laws of 1972, the section heading as amended and subdivision 3 as
added by chapter 573 of the laws of 1999, subdivision 1 as designated
and subdivision 2 as added by chapter 18 of the laws of 1990, paragraph
b of subdivision 1 and paragraph a of subdivision 2 as amended by chap-
ter 538 of the laws of 2001, is amended to read as follows:
§ 6807. Exempt persons; special provisions. 1. This article shall not
be construed to affect or prevent:
a. Unlicensed assistants from being employed in licensed pharmacies
for purposes other than the practice of pharmacy;
b. Any physician, dentist, veterinarian or other licensed health care
provider legally authorized to prescribe drugs under this title [who is
not the owner of a pharmacy or who is not in the employ of such owner],
from supplying his patients with such drugs as the physician, dentist,
veterinarian or other licensed health care provider legally authorized
to prescribe drugs under this title deems proper in connection with his
practice, provided, however, that all such drugs shall be dispensed in a
container labeled with the name and address of the dispenser and
patient, directions for use, and date of delivery, and in addition, such
drug shall bear a label containing the proprietary or brand name of the
drug and, if applicable, the strength of the contents, unless the person
issuing the prescription specifically states on the prescription in his
own handwriting, that the name of the drug and the strength thereof
should not appear on the label; provided further that if such drugs are
A. 7199 7
controlled substances, they shall be dispensed pursuant to the require-
ments of article thirty-three of the public health law;
c. Any merchant from selling proprietary medicines, except those which
are poisonous, deleterious or habit forming, or materials and devices
specifically exempted by regulations of the department or by the public
health law;
d. Any personnel in an institution of higher learning from using pres-
cription-required drugs on the premises for authorized research, exper-
iments or instruction, in accordance with the department's regulations
and, if such drugs are controlled substances, in accordance with title
III of article thirty-three of the public health law; or
e. The necessary and ordinary activities of manufacturers and whole-
salers, subject to the provisions of article thirty-three of the public
health law.
2. a. Notwithstanding the provisions of paragraph b of subdivision
one of this section, [no] A prescriber [who is not the owner of a phar-
macy or who is not in the employ of such owner, may] SHALL NOT dispense
more than a seventy-two hour supply of drugs, except for:
(1) persons practicing in hospitals as defined in section twenty-eight
hundred one of the public health law;
(2) the dispensing of drugs at no charge to their patients;
(3) persons whose practices are situated ten miles or more from a
registered pharmacy;
(4) the dispensing of drugs in a clinic, infirmary or health service
that is operated by or affiliated with a post-secondary institution;
(5) persons licensed pursuant to article one hundred thirty-five of
this title;
(6) the dispensing of drugs in a medical emergency as defined in
subdivision six of section sixty-eight hundred ten of this article;
(7) the dispensing of drugs that are diluted, reconstituted or
compounded by a prescriber;
(8) the dispensing of allergenic extracts; or
(9) the dispensing of drugs pursuant to an oncological or AIDS proto-
col.
b. THIS SUBDIVISION SHALL NOT BE CONSTRUED TO AFFECT OR PREVENT:
(1) AN ONCOLOGY GROUP PRACTICE FROM HOLDING AN OWNERSHIP OR INVESTMENT
INTEREST IN A PHARMACY LICENSED UNDER SUBDIVISION TWO OF SECTION SIXTY-
EIGHT HUNDRED EIGHT OF THIS ARTICLE, THE OWNERSHIP OR INVESTMENT INTER-
EST OF WHICH IS HELD EXCLUSIVELY BY PRACTITIONERS OF THE ONCOLOGY GROUP
PRACTICE, TO DISPENSE DRUGS, PURSUANT TO AN ONCOLOGICAL PROTOCOL, TO A
PATIENT OF THE ONCOLOGY GROUP PRACTICE; OR
(2) A GROUP PRACTICE FROM HOLDING AN OWNERSHIP OR INVESTMENT INTEREST
IN A PHARMACY LICENSED UNDER SUBDIVISION TWO OF SECTION SIXTY-EIGHT
HUNDRED EIGHT OF THIS ARTICLE, THE OWNERSHIP OR INVESTMENT INTEREST OF
WHICH IS HELD EXCLUSIVELY BY PRACTITIONERS OF THE GROUP PRACTICE, TO
DISPENSE DRUGS, PURSUANT TO A HUMAN IMMUNODEFICIENCY VIRUS INFECTION AND
ACQUIRED IMMUNE DEFICIENCY SYNDROME PROTOCOL, TO A PATIENT OF THE GROUP
PRACTICE.
C. The commissioner, in consultation with the commissioner of health,
may promulgate regulations to implement this subdivision and may, by
regulation, establish additional renewable exemptions for a period not
to exceed one year from the provisions of paragraph a of this subdivi-
sion.
3. A pharmacist may dispense drugs and devices to a registered profes-
sional nurse, and a registered professional nurse may possess and admin-
ister, drugs and devices, pursuant to a non-patient specific regimen
A. 7199 8
prescribed or ordered by a licensed physician or certified nurse practi-
tioner, pursuant to regulations promulgated by the commissioner and the
public health law.
§ 10. This act shall take effect immediately.