Senate Bill S2756

                                 BILL NUMBER:  S2756

 TITLE OF BILL :  An act to amend the education law, in relation to
conditions of registration for nonresident pharmacies

 PURPOSE :

This bill would require the supervising pharmacist in an out-of-state
mail order pharmacy or internet pharmacy to be licensed by the State
of New York. The legislation builds upon present law that requires
out-of-state pharmacies to register with the State. Adding the
supervising pharmacist licensure requirement gives the New York State
Education Department (SED) jurisdiction over individuals who are
directly responsible for prescription drugs that New Yorkers receive
by mail.

 SUMMARY OF PROVISIONS :

Section 1. Amends subdivision 5 of section 6808-b of the education law
to add a new condition of registration to non-resident pharmacy
establishments, namely that the supervising pharmacist holds a valid
New York State issued license.

Section 2. Provides the effective date.

 JUSTIFICATION :
              

As New Yorkers receive more of their prescription drugs from mail
service pharmacies, questions arise about how effectively state law
protects them. Present law requires out-of-state pharmacies and
internet pharmacies to register with the (SED) but it goes no further.
If any disciplinary action is necessary, state officials must rely on
authorities in the state where the pharmacy is located unless there is
an immediate threat to public health. If an individual consumer
suffers harm, present law allows for a delayed response at best.

Although the out-of-state pharmacy registered with (SED) is expected
to follow the laws of the state in which it is located, our law
specifically requires compliance with New York laws governing
controlled substances. By requiring the Supervising Pharmacist (SP) to
have a valid NYS license, the state has greater authority to enforce
compliance. This bill remedies the obvious shortfall in the current
law. At this time, mail order and/or internet pharmacies that ignore
the state's quantity limitations on narcotic prescriptions (no more
than a 30 day supply) are nearly beyond the reach of NYS authorities.
As the Health Department fully implements ISTOP later this year,
enacting this legislation into law becomes even more important. All
New York consumers should have equal protection whether they receive
their prescriptions from an in-state pharmacy or an out-of-state
pharmacy.

Requiring the SP to hold a license from the state to which the
pharmacy ships prescription medications is not an new concept. In
fact, Arizona, Arkansas, Kentucky, Maryland, Nebraska and Tennessee
have added this provision to their laws. Pharmacists are frequently
licensed in more than one state. In the case of a mail service
pharmacy, requiring the SP to be licensed in every state to which
medications are shipped makes good public policy sense.

 LEGISLATIVE HISTORY :

2015-16 S.489A/A.5448A;
2013-14 S.5392A/A7702.

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
Immediately.