S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3253
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by M. of A. McDONALD, SAYEGH, DICKENS, SEAWRIGHT, MORINELLO,
   DeSTEFANO, MONTESANO, GRIFFIN, MIKULIN, SCHMITT, ASHBY  --  read  once
   and referred to the Committee 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01887-01-1
              

 A. 3253                             2
 
 MATION, SUCH BOARD SHALL POST THE  NAMES  OF  DESIGNATED  SUPPLIERS  AND
 AUTHORIZED DISTRIBUTORS ON THE DEPARTMENT'S WEBSITE.
   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.