Assembly Actions -
Senate Actions - UPPERCASE
|Mar 18, 2021
enacting clause stricken
|Feb 12, 2021
referred to consumer affairs and protection
Assembly Bill A5289
2021-2022 Legislative Session
Archive: Last Bill Status - Stricken
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2021-A5289 (ACTIVE) - Details
2021-A5289 (ACTIVE) - Bill Text download pdf
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.
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