S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3982
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by M. of A. AUBRY -- Multi-Sponsored by -- M. of A. BENEDET-
   TO, CAHILL, COLTON, JAFFEE, KOLB, PERRY, RIVERA, L. ROSENTHAL,  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  requiring notification of and the informed consent of the prescri-
   ber and the patient prior to the substitution of a prescribed anti-ep-
   ileptic drug
 
   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
 3346 to read as follows:
   § 3346. ANTI-EPILEPTIC DRUG PRODUCT SELECTION PROHIBITED. 1.  AS  USED
 IN THIS SECTION:
   (A) "ANTI-EPILEPTIC DRUG" MEANS (I) ANY DRUG PRESCRIBED FOR THE TREAT-
 MENT OF EPILEPSY OR (II) A DRUG USED TO TREAT OR PREVENT SEIZURES.
   (B)  "EPILEPSY" MEANS A NEUROLOGICAL CONDITION CHARACTERIZED BY RECUR-
 RENT SEIZURES.
   (C) "SEIZURE" MEANS AN ACUTE CLINICAL  CHANGE  SECONDARY  TO  A  BRIEF
 DISTURBANCE IN THE ELECTRICAL ACTIVITY OF THE BRAIN.
   (D)  "INTERCHANGE"  MEANS  THE SUBSTITUTION OF ONE VERSION OF THE SAME
 ANTI-EPILEPTIC THERAPEUTIC PRODUCT, INCLUDING A GENERIC VERSION FOR  THE
 PRESCRIBED  BRAND, A BRAND VERSION FOR THE PRESCRIBED GENERIC VERSION, A
 GENERIC VERSION BY ONE MANUFACTURER FOR A GENERIC VERSION BY A DIFFERENT
 MANUFACTURER, A DIFFERENT FORMULATION OF THE  PRESCRIBED  ANTI-EPILEPTIC
 DRUG  OR  A  DIFFERENT  ANTI-EPILEPTIC  THERAPEUTIC DRUG PRODUCT FOR THE
 ANTI-EPILEPTIC PRODUCT ORIGINALLY PRESCRIBED.
   2. NO PHARMACIST SHALL INTERCHANGE AN ANTI-EPILEPTIC  DRUG  OR  FORMU-
 LATION OF AN ANTI-EPILEPTIC DRUG, BRAND OR GENERIC, FOR THE TREATMENT OF
 EPILEPTIC  SEIZURES  WITHOUT  THE  PRIOR  NOTIFICATION OF AND THE SIGNED
 INFORMED CONSENT OF SUCH INTERCHANGE FROM THE PRESCRIBING PHYSICIAN  AND
 THE PATIENT, OR THE PATIENT'S PARENT, LEGAL GUARDIAN OR SPOUSE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08096-01-9

 A. 3982                             2
 
   §  2.  The opening paragraph of subdivision 1 of section 6816-a of the
 education law, as added by chapter 776 of the laws of 1977,  is  amended
 to read as follows:
   [A]  EXCEPT  AS  PROVIDED IN SECTION THIRTY-THREE HUNDRED FORTY-SIX OF
 THE PUBLIC HEALTH LAW, A pharmacist shall substitute  a  less  expensive
 drug  product  containing  the  same active ingredients, dosage form and
 strength as the drug product prescribed, ordered or  demanded,  provided
 that the following conditions are met:
   § 3. This act shall take effect immediately.