S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3918
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced   by   M.  of  A.  McDONALD,  D'URSO,  BRAUNSTEIN,  WILLIAMS,
   SEAWRIGHT,  COOK,  CAHILL,  RIVERA,  ARROYO,  BLANKENBUSH,  RAIA,  RA,
   LAWRENCE,  MORINELLO,  GOTTFRIED,  BLAKE, FAHY, OTIS, HAWLEY -- Multi-
   Sponsored by -- M. of A.   GALEF,  SIMON,  THIELE  --  read  once  and
   referred to the Committee on Higher Education

 AN ACT to amend the public health law and the education law, in relation
   to the dispensing of partially filled prescriptions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3333 of the public health law is amended by  adding
 a new subdivision 6 to read as follows:
   6. AT THE REQUEST OF THE PRESCRIBER OR THE PATIENT, A PRESCRIPTION FOR
 A  SCHEDULE  II, SCHEDULE III OR SCHEDULE IV CONTROLLED SUBSTANCE MAY BE
 PARTIALLY FILLED WITHIN THIRTY DAYS FROM THE DATE  OF  ISSUANCE  OF  THE
 PRESCRIPTION.  THE  REMAINING  QUANTITY  OF  THE  PRESCRIPTION    MAY BE
 DISPENSED SEPARATELY WITHIN THIRTY DAYS FROM THE DATE OF  ISSUE  OF  THE
 PRESCRIPTION,  PROVIDED  THAT  THE  CONTROLLED  SUBSTANCE  WAS  USED  IN
 CONFORMITY WITH DIRECTIONS FOR USE AND CONSISTENT WITH APPLICABLE FEDER-
 AL REGULATIONS AND REGULATIONS OF THE COMMISSIONER.
   § 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07733-01-9

 A. 3918                             2
 
 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  ALLOWED PURSUANT TO SECTION THIRTY-THREE
 HUNDRED THIRTY-THREE OF THE PUBLIC HEALTH  LAW,  or  otherwise  deviates
 from  the terms of the prescription, order or demand by substituting one
 drug for another, except where required pursuant to section  sixty-eight
 hundred sixteen-a of this article, is guilty of a misdemeanor; 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  otherwise,  in
 the  business of an apothecary, pharmacist, or druggist, or to compound,
 prepare or dispense prescriptions or  orders  for  drugs,  medicines  or
 foods  or  preparations used in medical practice; and the offender 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, medi-
 cines, or foods or preparations used in medical practice.
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date upon which it shall have become a law. Effective immediate-
 ly  the  addition,  amendment  and/or  repeal  of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made on or before such date.