S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5289
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2021
                                ___________
 
 Introduced by M. of A. ANGELINO -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN  ACT  to  amend  the  education  law,  in relation to authorizing the
   substitution of brand name prescription drugs by a pharmacist
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of  subdivision  6 of section 6810 of the
 education law, as amended by chapter 590 of the laws of 2011, is amended
 to read as follows:
   (a) Every prescription written in this state by a person authorized to
 issue such prescription shall be on prescription  forms  containing  one
 line  for  the  prescriber's signature. The prescriber's signature shall
 validate the prescription. Every electronic prescription  shall  provide
 for  the  prescriber's  electronic  signature,  which shall validate the
 electronic prescription. Imprinted conspicuously on  every  prescription
 written  in  this state in eight point upper case type immediately below
 the signature line shall be the words: "THIS PRESCRIPTION WILL BE FILLED
 GENERICALLY UNLESS PRESCRIBER WRITES 'd a w' IN THE BOX  BELOW".  Unless
 the  prescriber  writes  d a w in such box in the prescriber's own hand-
 writing or, in the case of electronic prescriptions,  inserts  an  elec-
 tronic  direction  to  dispense  the  drug  as written, the prescriber's
 signature or electronic signature shall designate  approval  of  substi-
 tution  by  a  pharmacist of a drug product pursuant to paragraph (o) of
 subdivision one of section two hundred six of the public health law.  No
 other letters or marks in  such  box  shall  prohibit  substitution.  No
 prescription forms used or intended to be used by a person authorized to
 issue a prescription shall have 'd a w' preprinted in such box. Such box
 shall  be  placed  directly under the signature line and shall be three-
 quarters inch in length and one-half inch in height,  or  in  comparable
 form for an electronic prescription as may be specified by regulation of
 the  commissioner.  Immediately below such box shall be imprinted in six
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09135-01-1

 A. 5289                             2
 
 point type the words "Dispense As Written".   Notwithstanding any  other
 provision of law, no state official, agency, board or other entity shall
 promulgate  any  regulation or guideline modifying those elements of the
 prescription  form's  contents  specified  in  this  subdivision. To the
 extent otherwise permitted by law, a prescriber may  modify  only  those
 elements  of  the  prescription  form's  contents  not specified in this
 subdivision. Notwithstanding any other provision of this section or  any
 other  law, when a generic drug is not available and the brand name drug
 originally prescribed is available and the pharmacist agrees to dispense
 the brand name product for a price that will not exceed the  price  that
 would  have  been  charged for the generic substitute had it been avail-
 able, substitution of a generic drug product will not  be  required.  If
 the  generic drug product is not available and a medical emergency situ-
 ation, which for purposes of this section is defined  as  any  condition
 requiring  alleviation  of severe pain or which threatens to cause disa-
 bility or take life if not promptly treated, exists, then the pharmacist
 may dispense the brand name  product  at  his  regular  price.  In  such
 instances  the  pharmacist  must record the date, hour and nature of the
 medical emergency on the back of the prescription and keep a copy of all
 such  prescriptions.    NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  THIS
 SECTION,  OR OF ANY OTHER LAW, IF A GENERIC DRUG PRODUCT IS AVAILABLE, A
 PHARMACIST MAY INFORM THE PATIENT THAT  THE  BRAND  NAME  DRUG  IS  ALSO
 AVAILABLE  AND  THAT  THE  PRICE OF SUCH BRAND NAME DRUG WILL EXCEED THE
 PRICE OF THE GENERIC DRUG PRODUCT. UPON THE REQUEST OF THE PATIENT,  THE
 PHARMACIST  MAY DISPENSE THE BRAND NAME PRODUCT AT THE REGULAR PRICE. IN
 SUCH INSTANCES THE PHARMACIST MUST RECORD  THE  DATE  AND  HOUR  OF  THE
 PATIENT  REQUEST  ON THE BACK OF THE PRESCRIPTION AND KEEP A COPY OF ALL
 SUCH PRESCRIPTIONS.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately any rule or regulation
 necessary for the timely implementation of this  act  on  its  effective
 date may be promulgated on or before such date.