Senate Bill S7042A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7042--A
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health and Develop-
   mental Disabilities -- committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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:
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13833-02-8

 S. 7042--A                          2
 
   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
 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.