S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11071
 
                           I N  A S S E M B L Y
 
                              October 7, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Joyner) --
   read once and referred to the Committee on Higher Education
 
 AN ACT to amend the public health law, in relation to the dispensing  of
   glucagon
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The public health law is amended by adding  a  new  section
 279-a to read as follows:
   §  279-A. DISPENSING OF GLUCAGON. NOTWITHSTANDING ANY OTHER PROVISIONS
 OF LAW TO THE CONTRARY, A PHARMACIST MAY  DISPENSE  ANY  FOOD  AND  DRUG
 ADMINISTRATION  APPROVED  GLUCAGON MEDICATION TO AN INSULIN USING PERSON
 REGARDLESS  IF  THE  PERSON  CURRENTLY  HAS  OR  PREVIOUSLY  HAS  HAD  A
 PRESCRIPTION FOR GLUCAGON.
   1.  (A) A HEALTH CARE PROFESSIONAL MAY PRESCRIBE BY A PATIENT-SPECIFIC
 OR NON-PATIENT-SPECIFIC PRESCRIPTION, DISPENSE OR  DISTRIBUTE,  DIRECTLY
 OR INDIRECTLY, AN ORDER OF GLUCAGON TO A GLUCAGON RECIPIENT;
   (B)  A  PHARMACIST  MAY  DISPENSE  AN  ORDER  OF  GLUCAGON,  THROUGH A
 PATIENT-SPECIFIC OR NON-PATIENT-SPECIFIC PRESCRIPTION PURSUANT  TO  THIS
 SECTION, TO A GLUCAGON RECIPIENT;
   (C)  THE  PROVISIONS  OF THIS SECTION SHALL NOT BE DEEMED TO REQUIRE A
 PRESCRIPTION FOR ANY ORDER OF GLUCAGON THAT DOES NOT OTHERWISE REQUIRE A
 PRESCRIPTION; NOR SHALL IT BE DEEMED TO LIMIT THE AUTHORITY OF A  HEALTH
 CARE  PROFESSIONAL TO PRESCRIBE, DISPENSE OR DISTRIBUTE, OR OF A PHARMA-
 CIST TO DISPENSE, AN ORDER OF GLUCAGON UNDER ANY OTHER PROVISION OF LAW,
 PROVIDED THAT:
   (I) ANY DISPENSING OF GLUCAGON UNDER THIS SECTION SHALL BE  DONE  ONLY
 IN  ACCORDANCE  WITH A PHYSICIAN-APPROVED PROTOCOL AND SHALL SPECIFY THE
 MINIMUM REQUIRED COMPONENTS OF ANY SUCH PROTOCOL;
   (II) THE PERSON TO WHOM GLUCAGON IS DISPENSED SHALL BE EDUCATED BY THE
 PHARMACIST AS TO THE MECHANISM AND CIRCUMSTANCES FOR THE  ADMINISTRATION
 OF GLUCAGON; AND
   (III)  A  RECORD OF THE DISPENSING OF GLUCAGON SHALL BE MADE AVAILABLE
 TO THE PATIENT'S PHYSICIAN AND TO THE PHYSICIAN SIGNING A PROTOCOL UNDER
 THIS SUBDIVISION, IF REQUIRED BY THE PHYSICIAN OR PHYSICIANS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD17413-01-0

 A. 11071                            2
 
   2. REIMBURSEMENT IS THE RESPONSIBILITY OF  THE  PERSON  OBTAINING  THE
 GLUCAGON  CONSISTENT  WITH  THE REQUIREMENTS OF HIS OR HER HEALTH INSUR-
 ANCE. THE PHARMACIST SHALL COUNSEL AN UNINSURED PERSON ON  ANY  EXISTING
 PROGRAMS THAT AID IN ACCESS TO GLUCAGON.
   § 2. This act shall take effect immediately.