senate Bill S3539A

2019-2020 Legislative Session

Relates to the substitution of brand name epinephrine auto-injectors with alternate epinephrine auto-injectors

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 30, 2019 referred to higher education
delivered to assembly
passed senate
May 20, 2019 advanced to third reading
amended 3539a
May 15, 2019 2nd report cal.
May 14, 2019 1st report cal.693
Feb 08, 2019 referred to higher education

S3539 - Details

See Assembly Version of this Bill:
A1181
Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Amd §6816-a, Ed L
Versions Introduced in Other Legislative Sessions:
2015-2016: S8189
2017-2018: S2489, A7219

S3539 - Summary

Relates to the substitution of brand name epinephrine auto-injectors with alternate epinephrine auto-injectors in certain cases.

S3539 - Sponsor Memo

S3539 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3539

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 8, 2019
                               ___________

Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to  the  substitution  of
  brand name epinephrine auto-injectors with alternate epinephrine auto-
  injectors for dispensation by pharmacists

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 6816-a of the education law is amended by adding  a
new subdivision 6 to read as follows:
  6.  (A)  NOTWITHSTANDING  SUBDIVISION TWO OF THIS SECTION OR ANY OTHER
SECTION OF LAW TO THE CONTRARY, WHEN A PATIENT  IS  PRESCRIBED  A  BRAND
NAME EPINEPHRINE AUTO-INJECTOR, A PHARMACIST MAY SUBSTITUTE AN ALTERNATE
EPINEPHRINE AUTO-INJECTOR CONTAINING THE SAME ACTIVE INGREDIENTS, DOSAGE
FORM  AND  STRENGTH  AS  THE  BRAND  NAME PRODUCT PRESCRIBED, ORDERED OR
DEMANDED, REGARDLESS OF WHETHER THE ALTERNATE EPINEPHRINE  AUTO-INJECTOR
IS  INCLUDED IN THE LATEST LIST OF INTERCHANGEABLE DRUG PRODUCTS FOR THE
PRESCRIBED EPINEPHRINE AUTO-INJECTOR DEVICE, PROVIDED THAT:
  (I) THE PRESCRIBER DOES NOT INDICATE THAT  THE  PRESCRIPTION  THEREFOR
SHALL  BE  DISPENSED AS WRITTEN PURSUANT TO PARAGRAPH (A) OF SUBDIVISION
SIX OF SECTION SIXTY-EIGHT HUNDRED TEN OF THIS ARTICLE;
  (II) THE ALTERNATE EPINEPHRINE AUTO-INJECTOR AVAILABLE WOULD REFLECT A
LOWER UNIT COST TO THE PURCHASER; AND
  (III) THE PHARMACIST HAS ADVISED THE PURCHASER OF THE AVAILABILITY  OF
AN  ALTERNATE EPINEPHRINE AUTO-INJECTOR AND OBTAINED CONSENT TO DISPENSE
THE ALTERNATE EPINEPHRINE AUTO-INJECTOR.
  (B) FOR PURPOSES OF THIS SUBDIVISION "EPINEPHRINE AUTO-INJECTOR" SHALL
HAVE THE SAME MEANING AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION ONE OF
SECTION THREE THOUSAND-C OF THE PUBLIC HEALTH LAW.
  § 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05192-01-9

Co-Sponsors

S3539A (ACTIVE) - Details

See Assembly Version of this Bill:
A1181
Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Amd §6816-a, Ed L
Versions Introduced in Other Legislative Sessions:
2015-2016: S8189
2017-2018: S2489, A7219

S3539A (ACTIVE) - Summary

Relates to the substitution of brand name epinephrine auto-injectors with alternate epinephrine auto-injectors in certain cases.

S3539A (ACTIVE) - Sponsor Memo

S3539A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3539--A
    Cal. No. 693

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 8, 2019
                               ___________

Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Higher  Education  --
  reported  favorably  from  said committee, ordered to first and second
  report, amended on second report, ordered to a third reading,  and  to
  be  reprinted  as  amended,  retaining its place in the order of third
  reading

AN ACT to amend the education law, in relation to  the  substitution  of
  brand name epinephrine auto-injectors with alternate epinephrine auto-
  injectors for dispensation by pharmacists

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 6816-a of the education law is amended by adding  a
new subdivision 6 to read as follows:
  6.  (A)  NOTWITHSTANDING  SUBDIVISION TWO OF THIS SECTION OR ANY OTHER
SECTION OF LAW TO THE CONTRARY, WHEN A PATIENT  IS  PRESCRIBED  A  BRAND
NAME EPINEPHRINE AUTO-INJECTOR, A PHARMACIST MAY SUBSTITUTE AN ALTERNATE
EPINEPHRINE AUTO-INJECTOR CONTAINING THE SAME ACTIVE INGREDIENTS, DOSAGE
FORM  AND  STRENGTH  AS  THE  BRAND  NAME PRODUCT PRESCRIBED, ORDERED OR
DEMANDED, REGARDLESS OF WHETHER THE ALTERNATE EPINEPHRINE  AUTO-INJECTOR
IS  INCLUDED IN THE LATEST LIST OF INTERCHANGEABLE DRUG PRODUCTS FOR THE
PRESCRIBED EPINEPHRINE AUTO-INJECTOR DEVICE, PROVIDED THAT:
  (I) THE PRESCRIBER DOES NOT INDICATE THAT  THE  PRESCRIPTION  THEREFOR
SHALL  BE  DISPENSED AS WRITTEN PURSUANT TO PARAGRAPH (A) OF SUBDIVISION
SIX OF SECTION SIXTY-EIGHT HUNDRED TEN OF THIS ARTICLE;
  (II) THE ALTERNATE EPINEPHRINE AUTO-INJECTOR AVAILABLE WOULD REFLECT A
LOWER UNIT COST TO THE PURCHASER;
  (III) THE PHARMACIST HAS ADVISED THE PURCHASER OF THE AVAILABILITY  OF
AN  ALTERNATE EPINEPHRINE AUTO-INJECTOR AND OBTAINED CONSENT TO DISPENSE
THE ALTERNATE EPINEPHRINE AUTO-INJECTOR; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05192-04-9

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