S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9034
 
                           I N  A S S E M B L Y
 
                             January 10, 2020
                                ___________
 
 Introduced   by   M.  of  A.  McDONALD,  D'URSO,  BRAUNSTEIN,  WILLIAMS,
   SEAWRIGHT, COOK, CAHILL, RIVERA, ARROYO,  BLANKENBUSH,  RA,  LAWRENCE,
   MORINELLO,  GOTTFRIED,  BLAKE,  FAHY,  OTIS,  HAWLEY,  TAYLOR, SAYEGH,
   ASHBY, PICHARDO, SMULLEN, WALCZYK, STIRPE, BYRNE,  GRIFFIN  --  Multi-
   Sponsored  by  -- M. of A. GALEF, GIGLIO, SIMON, TAGUE, 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,  SCHEDULE  IV  OR  SCHEDULE  V  CONTROLLED
 SUBSTANCE  MAY  BE PARTIALLY FILLED PROVIDED THAT THE PARTIAL FILLING IS
 RECORDED IN THE SAME MANNER AS A REFILL. THE REMAINING QUANTITY  OF  THE
 PRESCRIPTION  MAY  BE  DISPENSED SEPARATELY ONLY ONCE IN CONFORMITY WITH
 DIRECTIONS FOR USE.
   § 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-
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14641-02-0

 A. 9034                             2
 
 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.