S T A T E O F N E W Y O R K
________________________________________________________________________
7210
2017-2018 Regular Sessions
I N A S S E M B L Y
April 12, 2017
___________
Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the education law, in relation to requiring non-resident
pharmacy, manufacturing, wholesale or outsourcing facilities that
ship, mail or deliver prescription drugs or devices to other estab-
lishments, authorized prescribers and/or patients residing in New York
to be inspected within two years of application and demonstrate
compliance with all standards of the verified pharmacy program admin-
istered by the National Association of Boards of Pharmacy
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1 and 5 of section 6808-b of the education
law, subdivision 1 as amended by section 5 of part D of chapter 60 of
the laws of 2014 and subdivision 5 as amended by chapter 567 of the laws
of 2002, are amended to read as follows:
1. [Definition.] DEFINITIONS. A. The term "nonresident establishment"
shall mean any pharmacy, manufacturer, wholesaler, THIRD-PARTY LOGISTICS
PROVIDERS or outsourcing facility located outside of the state that
ships, mails or delivers prescription drugs or devices to other estab-
lishments, authorized prescribers and/or patients residing in this
state. Such establishments shall include, but not be limited to, pharma-
cies that transact business through the use of the internet.
B. THE TERM "THIRD-PARTY LOGISTICS PROVIDER" SHALL MEAN AN ENTITY THAT
PROVIDES OR COORDINATES WAREHOUSING, DISTRIBUTION, OR OTHER SERVICES ON
BEHALF OF A MANUFACTURER, BUT DOES NOT TAKE TITLE TO THE PRESCRIPTION
DRUG OR HAVE GENERAL RESPONSIBILITY TO DIRECT THE PRESCRIPTION DRUG'S
SALE OR DISPOSITION.
5. Additional requirements. Nonresident pharmacies registered pursuant
to this section shall:
a. Provide a toll-free telephone number that is available during
normal business hours and at least forty hours per week, to enable
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10972-01-7
A. 7210 2
communication between a patient in this state and a pharmacist at the
pharmacy who has access to the patient's records; [and]
b. Place such toll-free telephone number on a label affixed to each
drug or device container[.]; AND
C. IF ENGAGED IN THE SHIPMENT, MAILING OR DELIVERY OF COMPOUNDED STER-
ILE PRODUCTS, DISPENSED PURSUANT TO PATIENT-SPECIFIC PRESCRIPTIONS, BE
INSPECTED WITHIN TWO YEARS OF APPLICATION AND DEMONSTRATE COMPLIANCE
WITH ALL STANDARDS OF THE VERIFIED PHARMACY PROGRAM ADMINISTERED BY THE
NATIONAL ASSOCIATION OF BOARDS OF PHARMACY.
§ 2. Paragraph e of subdivision 2 of section 6808 of education law, as
amended by chapter 62 of the laws of 1989, is amended to read as
follows:
e. Conduct of a pharmacy. Every owner of a pharmacy is responsible for
the strength, quality, purity and the labeling thereof of all drugs,
toxic substances, devices and cosmetics, dispensed or sold, subject to
the guaranty provisions of this article and the public health law. EVERY
NEW YORK STATE REGISTERED PHARMACY SHALL PURCHASE OR OBTAIN PRESCRIPTION
DRUGS AND DEVICES DIRECTLY FROM ENTITIES THAT HAVE DEMONSTRATED COMPLI-
ANCE WITH ALL STANDARDS OF THE VERIFIED PHARMACY PROGRAM ADMINISTRATED
BY THE NATIONAL ASSOCIATION OF BOARDS OF PHARMACY. Every owner of a
pharmacy or every pharmacist in charge of a pharmacy shall be responsi-
ble for the proper conduct of this pharmacy. Every pharmacy shall be
under the immediate supervision and management of a licensed pharmacist
at all hours when open. No pharmacist shall have personal supervision of
more than one pharmacy at the same time.
§ 3. This act shall take effect on the three hundred sixty-fifth day
after it shall have become a law.