S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5377
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced by M. of A. SAYEGH -- read once and referred to the Committee
   on Higher Education
 
 AN ACT to amend the education law, in relation to requiring prescription
   drug  containers  be  labeled  with  a description of the size, shape,
   color and imprint of the prescription drug it contains

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section 6810 of the education law, as
 amended by section 2 of part V of chapter 57 of the  laws  of  2012,  is
 amended to read as follows:
   1.  No  drug for which a prescription is required by the provisions of
 the Federal Food, Drug and Cosmetic Act or by the commissioner of health
 shall  be  distributed  or  dispensed  to  any  person  except  upon   a
 prescription  written  by  a  person  legally  authorized  to issue such
 prescription. Such drug shall be compounded or dispensed by  a  licensed
 pharmacist,  and no such drug shall be dispensed without affixing to the
 immediate container in which the drug is sold or dispensed a label bear-
 ing the name and address of the owner of the establishment in  which  it
 was dispensed, the date compounded, the number of the prescription under
 which it is recorded in the pharmacist's prescription files, the name of
 the  prescriber,  the  name  and  address  of  the  patient,  A PHYSICAL
 DESCRIPTION OF THE DRUG INCLUDING, BUT NOT LIMITED TO, THE SIZE,  SHAPE,
 COLOR,  AND  IMPRINT  OF THE DRUG, and the directions for the use of the
 drug by the patient as given upon the  prescription.  All  labels  shall
 conform to such rules and regulations as promulgated by the commissioner
 pursuant to section sixty-eight hundred twenty-nine of this article. The
 prescribing  and  dispensing  of  a drug which is a controlled substance
 shall be subject to additional requirements provided in article  thirty-
 three  of  the  public  health  law.  The words "drug" and "prescription
 required drug" within the meaning of this article shall not be construed
 to include soft or hard contact lenses, eyeglasses, or any other  device
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09501-01-1

 A. 5377                             2
 
 for  the  aid or correction of vision. Nothing in this subdivision shall
 prevent a pharmacy from furnishing a drug to another pharmacy which does
 not have such drug in stock for the purpose of filling a prescription.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.