NY State Assembly Bill A9034

Archive: Last Bill Status Via S7115 - Vetoed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Vetoed by Governor

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Actions

view actions (10)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 15, 2020	vetoed memo.74
Dec 03, 2020	delivered to governor
Feb 25, 2020	returned to senate passed assembly ordered to third reading cal.408 substituted for a9034
Feb 25, 2020	substituted by s7115
Feb 20, 2020	advanced to third reading cal.408
Feb 11, 2020	reported
Jan 10, 2020	referred to higher education

Votes

Co-Sponsors

Multi-Sponsors

A9034 (ACTIVE) - Details

See Senate Version of this Bill:: S7115
Law Section:: Public Health Law
Laws Affected:: Amd §3333, Pub Health L; amd §6816, Ed L

A9034 (ACTIVE) - Summary

Allows a prescription for a schedule II, III, or IV controlled substance to be partially filled at the request of the prescriber or patient.

A9034 (ACTIVE) - Bill Text download pdf


                    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.

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The New York State Senate

assembly Bill A9034

Sponsored By

Archive: Last Bill Status Via S7115 - Vetoed by Governor

Your Voice

Actions

Votes

Feb 4, 2020 - floor Vote

Floor Vote: Feb 4, 2020

Jan 14, 2020 - Health committee Vote

Committee Vote: Jan 14, 2020

Co-Sponsors

Multi-Sponsors

A9034 (ACTIVE) - Details

A9034 (ACTIVE) - Summary

A9034 (ACTIVE) - Bill Text download pdf

Comments

assembly Bill A9034

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Sponsored By

MCDONALD

Archive: Last Bill Status Via S7115 - Vetoed by Governor

Your Voice

Actions

Votes

Feb 4, 2020 - floor Vote

Floor Vote: Feb 4, 2020

Jan 14, 2020 - Health committee Vote

Committee Vote: Jan 14, 2020

Co-Sponsors

Anthony D'Urso

Edward Braunstein

Jaime R. Williams

Rebecca Seawright

Vivian Cook

Kevin Cahill

Jose Rivera

Carmen E. Arroyo

Kenneth Blankenbush

Edward Ra

Peter Lawrence

Angelo J. Morinello

Richard Gottfried

Michael Blake

Patricia Fahy

Steven Otis

Stephen Hawley

Al Taylor

Nader sayegh

Jake Ashby

Victor M. Pichardo

Robert Smullen

Mark Walczyk

Albert A. Stirpe

Kevin M. Byrne

Judy Griffin

Harvey Epstein

Michael Cusick

Jonathan Jacobson

Karines Reyes

Multi-Sponsors

Sandy Galef

Joseph Giglio

Jo Anne Simon

Chris Tague

Fred Thiele

A9034 (ACTIVE) - Details

A9034 (ACTIVE) - Summary

A9034 (ACTIVE) - Bill Text download pdf

Comments