S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5171--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2017
                                ___________
 
 Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Higher  Education  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- committee discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 AN  ACT  to  amend the education law, in relation to authorizing pharma-
   cists to refill non-controlled substance prescriptions for  quantities
   of  drugs not to exceed a ninety day supply, subject to certain condi-
   tions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The opening paragraph of paragraph (a) of subdivision 2 of
 section 6810 of the education law, as amended by chapter 413 of the laws
 of 2014, is amended to read as follows:
   A prescription may not be refilled unless it bears a contrary instruc-
 tion and indicates on its face the number of times it may be refilled. A
 prescription may  not  be  refilled  more  times  than  allowed  on  the
 prescription.  The  date  of  each  refilling  must  be indicated on the
 original prescription. Prescriptions for controlled substances shall  be
 refilled only pursuant to article thirty-three of the public health law.
 A  PHARMACIST MAY REFILL A PRESCRIPTION FOR A QUANTITY OF A DRUG GREATER
 THAN THE INITIAL QUANTITY OF A DRUG PRESCRIBED BY THE PRESCRIBING  PRAC-
 TITIONER PROVIDED THAT:
   (I)  SUCH  REFILL  IS MADE AFTER THE PATIENT'S INITIAL PRESCRIPTION IS
 DISPENSED;
   (II) SUCH REFILL DOES NOT EXCEED A NINETY DAY SUPPLY OF SUCH DRUG  AND
 DOES  NOT EXCEED THE TOTAL QUANTITY OF SUCH DRUG AUTHORIZED BY THE PRES-
 CRIBER;
   (III) THE PRESCRIBER HAS NOT INDICATED THAT THE  INITIAL  QUANTITY  OR
 REFILL QUANTITY OF THE PRESCRIBED DRUG SHALL NOT BE CHANGED;
   (IV) SUCH DRUG IS NOT A CONTROLLED SUBSTANCE;
   (V) REFILLS FOR A NINETY DAY SUPPLY OF SUCH DRUG SHALL NOT EXCEED MORE
 THAN FIVE SUCH REFILLS IN A CALENDAR YEAR AND SHALL NOT EXCEED THE TOTAL
 QUANTITY OF SUCH DRUG AUTHORIZED BY THE PRESCRIBER;
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10380-07-7

 S. 5171--B                          2
 
   (VI)  THE  PHARMACIST INFORMS THE PRESCRIBER OF SUCH REFILL AS SOON AS
 IS REASONABLY POSSIBLE, BUT NO LATER THAN FORTY-EIGHT HOURS  AFTER  SUCH
 REFILL  IS  MADE.  THE COMMUNICATION SHALL BE CONVEYED TO THE PRESCRIBER
 (I) BY USING AN INTEROPERABLE  ELECTRONIC  MEDICAL  RECORDS  SYSTEM,  AN
 ELECTRONIC PRESCRIBING TECHNOLOGY OR A PHARMACY RECORD; OR (II) BY USING
 FACSIMILE,  TELEPHONE,  ELECTRONIC  TRANSMISSION,  OR  OTHER  PREVAILING
 MEANS; AND
   (VII) THE PATIENT'S PHARMACY BENEFIT HEALTH INSURANCE POLICY OR HEALTH
 BENEFIT PLAN, IF ANY, WILL COVER THE REFILL QUANTITY DISPENSED,  WITHOUT
 ADDITIONAL  CO-INSURANCE,  DEDUCTIBLE  OR  OTHER  OUT-OF-POCKET  EXPENSE
 WHETHER MEDICINE IS DISPENSED IN A PHARMACY OR THROUGH MAIL ORDER.
   § 2. Paragraph a of subdivision 1 of section  6816  of  the  education
 law,  as  amended by chapter 710 of the laws of 1988, is amended to read
 as follows:
   a. Any person, who, in putting up any drug, medicine, or food or prep-
 aration used in medical practice, or  making  up  any  prescription,  or
 filling  any  order  for  drugs, medicines, food or preparation puts any
 untrue label, stamp or other  designation  of  contents  upon  any  box,
 bottle or other package containing a drug, medicine, food or preparation
 used  in medical practice, or substitutes or dispenses a different arti-
 cle for or in lieu of any  article  prescribed,  ordered,  or  demanded,
 except  where required pursuant to section sixty-eight hundred sixteen-a
 of this article, or puts up a greater or lesser quantity of any ingredi-
 ent specified in any  such  prescription,  order  or  demand  than  that
 prescribed, ordered or demanded, except where required pursuant to para-
 graph  (g)  of  subdivision two of section three hundred sixty-five-a of
 the social services law OR WHEN REFILLING A PRESCRIPTION WITH A  GREATER
 QUANTITY THAN PRESCRIBED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF
 SECTION  SIX  THOUSAND  EIGHT  HUNDRED TEN OF THIS ARTICLE, or otherwise
 deviates from the terms of the prescription, order or demand by  substi-
 tuting  one  drug for another, except where required pursuant to section
 sixty-eight hundred sixteen-a of this article, is guilty of a  misdemea-
 nor;   provided,  however,  that  except  in  the  case  of  physicians'
 prescriptions, nothing herein contained shall be deemed or construed  to
 prevent  or  impair  or in any manner affect the right of an apothecary,
 druggist, pharmacist or other person to recommend  the  purchase  of  an
 article  other than that ordered, required or demanded, but of a similar
 nature, or to sell such other article in place or in lieu of an  article
 ordered,  required  or  demanded,  with the knowledge and consent of the
 purchaser. Upon a second conviction for a violation of this section  the
 offender  must  be  sentenced to the payment of a fine not to exceed one
 thousand dollars and may be sentenced to imprisonment for a term not  to
 exceed  one  year.  The  third  conviction  of a violation of any of the
 provisions of this section, in addition to rendering the offender liable
 to the penalty prescribed by law for a second conviction, shall  forfeit
 any  right  which he may possess under the law of this state at the time
 of such conviction, to engage as proprietor, agent, employee  or  other-
 wise,  in  the business of an apothecary, pharmacist, or druggist, or to
 compound, prepare or dispense prescriptions or orders for  drugs,  medi-
 cines  or foods or preparations used in medical practice; and the offen-
 der shall be by reason of such conviction disqualified from engaging  in
 any  such  business  as  proprietor,  agent,  employee  or  otherwise or
 compounding, preparing or dispensing medical prescriptions or orders for
 drugs, medicines, or foods or preparations used in medical practice.
   § 3. This act shall take effect immediately.