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Senate Bill S8566

2019-2020 Legislative Session

Relates to the refilling of prescriptions as an emergency prescription

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2019-S8566 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Amd §6810, Ed L

2019-S8566 (ACTIVE) - Summary

Relates to the refilling of prescriptions as an emergency prescription.

2019-S8566 (ACTIVE) - Sponsor Memo

2019-S8566 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8566
 
                             I N  S E N A T E
 
                               June 16, 2020
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the education law,  in  relation  to  the  refilling  of
   prescriptions as an emergency prescription
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 6810 of the education law is amended  by  adding  a
 new subdivision 16 to read as follows:
   16.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, A PHARMACIST MAY
 REFILL A PRESCRIPTION AS AN EMERGENCY PRESCRIPTION, WHEN:
   (A) THE PHARMACIST FIRST ATTEMPTS TO OBTAIN AN AUTHORIZATION FROM  THE
 AUTHORIZED PRESCRIBER AND CANNOT OBTAIN THE AUTHORIZATION;
   (B)  THE  DRUG  WHICH IS THE SUBJECT OF THE REFILL IS NOT A CONTROLLED
 SUBSTANCE;
   (C) THE DRUG WHICH IS THE SUBJECT OF THE REFILL IS  ESSENTIAL  TO  THE
 MAINTENANCE OF LIFE;
   (D)  THE  DRUG  WHICH IS THE SUBJECT OF THE REFILL IS ESSENTIAL TO THE
 CONTINUATION OF THERAPY IN CHRONIC CONDITIONS, AND, IN THE  PHARMACIST'S
 PROFESSIONAL  JUDGMENT, THE INTERRUPTION OF THE THERAPY REASONABLY MIGHT
 PRODUCE  AN  UNDESIRABLE  HEALTH  CONSEQUENCE,  BE  DETRIMENTAL  TO  THE
 PATIENT'S WELFARE OR CAUSE PHYSICAL OR MENTAL DISCOMFORT;
   (E) THE PHARMACIST ENTERS ON THE BACK OF THE PRESCRIPTION OR ON ANOTH-
 ER APPROPRIATE, UNIFORMLY MAINTAINED AND READILY RETRIEVABLE RECORD, THE
 DATE  AND QUANTITY OF THE REFILL, AND, IN ADDITION, THE PHARMACIST SIGNS
 THE REFILL;
   (F) THE PHARMACIST PROVIDES ONLY ONE REFILL OF  THE  PRESCRIPTION  AND
 THE  QUANTITY  OF  THAT  REFILL  IS  IN  CONFORMITY  WITH THE PRESCRIBED
 DIRECTIONS FOR USE, BUT LIMITED TO A SEVENTY-TWO HOUR EMERGENCY  SUPPLY,
 PROVIDED  THAT  IF THE PRESCRIPTION IS NOT DISPENSED OR SOLD IN A SEVEN-
 TY-TWO HOUR SUPPLY, AN AMOUNT  NOT  TO  EXCEED  A  THIRTY-DAY  EMERGENCY
 SUPPLY MAY BE DISPENSED OR SOLD; AND
   (G)  WITHIN SEVENTY-TWO HOURS OF DISPENSING THE REFILL, THE PHARMACIST
 NOTIFIES  THE  PRESCRIBER  THAT  AN  EMERGENCY  PRESCRIPTION  HAS   BEEN
 DISPENSED.
   § 2. This act shall take effect immediately.

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