S T A T E O F N E W Y O R K
________________________________________________________________________
3981
2021-2022 Regular Sessions
I N A S S E M B L Y
January 29, 2021
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Introduced by M. of A. ABINANTI, SANTABARBARA, DICKENS, GOTTFRIED,
SEAWRIGHT, BYRNE, BRABENEC, M. MILLER, J. M. GIGLIO, FITZPATRICK,
MORINELLO, NORRIS, WALSH, GALEF, STECK, STERN, SAYEGH, PAULIN, ZEBROW-
SKI, BUTTENSCHON, ASHBY, JACOBSON, MONTESANO, PICHARDO, GUNTHER,
MAGNARELLI -- Multi-Sponsored by -- M. of A. DeSTEFANO, EPSTEIN,
HAWLEY, SIMON -- read once and referred 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;
(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.
LBD00933-01-1
A. 3981 2
(IV) THE PHARMACIST HAS COUNSELED THE PATIENT OR PERSON AUTHORIZED TO
ACT ON THE PATIENT'S BEHALF ON THE PROPER USAGE AND OPERATING FEATURES
OF 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.