S T A T E O F N E W Y O R K
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7582
2019-2020 Regular Sessions
I N A S S E M B L Y
May 9, 2019
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Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the education law, in relation to designated suppliers
and authorized distributors of nonprescription blood glucose self-
testing equipment, devices and supplies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 6808-c
to read as follows:
§ 6808-C. SUPPLIERS AND AUTHORIZED DISTRIBUTORS OF NONPRESCRIPTION
BLOOD GLUCOSE SELF-TESTING EQUIPMENT, DEVICES AND SUPPLIES. 1. AS USED
IN THIS SECTION, "NONPRESCRIPTION BLOOD GLUCOSE SELF-TESTING EQUIPMENT,
DEVICES AND SUPPLIES" MEANS BLOOD GLUCOSE MONITORS, CONTINUOUS GLUCOSE
MONITORS (CGM), BLOOD GLUCOSE TEST STRIPS, LANCET DEVICES AND LANCETS,
GLUCOSE CONTROL SOLUTIONS FOR CHECKING THE ACCURACY OF TESTING EQUIPMENT
AND TEST STRIPS, SUPPLY ALLOWANCE FOR THERAPEUTIC CONTINUOUS GLUCOSE
MONITORS (CGM), INCLUDING ALL SUPPLIES AND ACCESSORIES FOR USE IN THE
TREATMENT OF PREDIABETIC OR DIABETIC INDIVIDUALS THAT MAY BE SOLD WITH-
OUT A PRESCRIPTION AND ARE LABELED FOR USE BY THE CONSUMER IN ACCORDANCE
WITH THE REQUIREMENTS OF THE LAWS AND RULES OF THIS STATE AND THE FEDER-
AL GOVERNMENT.
2. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS
SECTION, EACH MANUFACTURER OF NONPRESCRIPTION BLOOD GLUCOSE SELF-TESTING
EQUIPMENT, DEVICES AND SUPPLIES SHALL SUBMIT TO THE STATE BOARD OF PHAR-
MACY A COMPREHENSIVE LIST OF DESIGNATED SUPPLIERS AND AUTHORIZED
DISTRIBUTORS OF NONPRESCRIPTION BLOOD GLUCOSE SELF-TESTING EQUIPMENT,
DEVICES AND SUPPLIES. SUCH MANUFACTURERS SHALL UPDATE THE STATE BOARD OF
PHARMACY WHEN THERE ARE ANY CHANGES TO THE LIST OF DESIGNATED SUPPLIERS
AND AUTHORIZED DISTRIBUTORS. WITHIN NINETY DAYS OF RECEIVING THAT INFOR-
MATION, SUCH BOARD SHALL POST THE NAMES OF DESIGNATED SUPPLIERS AND
AUTHORIZED DISTRIBUTORS ON THE DEPARTMENT'S WEBSITE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11356-01-9
A. 7582 2
3. IT SHALL BE UNPROFESSIONAL CONDUCT FOR A PHARMACIST TO:
A. DISPENSE NONPRESCRIPTION BLOOD GLUCOSE SELF-TESTING EQUIPMENT,
DEVICES AND SUPPLIES RECEIVED FROM A PERSON OR ENTITY THAT THE PHARMA-
CIST KNEW OR REASONABLY SHOULD HAVE KNOWN WAS NOT A MANUFACTURER'S
DESIGNATED SUPPLIER OR AUTHORIZED DISTRIBUTOR; OR
B. SUBMIT A REIMBURSEMENT CLAIM FOR NONPRESCRIPTION BLOOD GLUCOSE
SELF-TESTING EQUIPMENT, DEVICES AND SUPPLIES TO A PHARMACEUTICAL BENEFIT
MANAGER, HEALTH INSURER, GOVERNMENT AGENCY, OR OTHER THIRD-PARTY PAYOR
WHEN THE PHARMACIST KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE
DIABETES TEST DEVICE WAS NOT PURCHASED EITHER DIRECTLY FROM THE MANUFAC-
TURER OR FROM THE NONPRESCRIPTION BLOOD GLUCOSE SELF-TESTING EQUIPMENT,
DEVICES AND SUPPLIES MANUFACTURER'S DESIGNATED SUPPLIER OR AUTHORIZED
DISTRIBUTOR.
§ 2. This act shall take effect immediately.