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
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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.