S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4000
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the education law, in relation  to  prescribing  insulin
   and  related  supplies; and to repeal certain provisions of the public
   health law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 279-a and 279-b of the public health law, as added
 by a chapter of the laws of 2020 amending the public health law relating
 to   drug  assistance  demonstration  and  emergency  prescriptions,  as
 proposed  in  legislative  bills  numbers  S.6492-B  and  A.8533-B,  are
 REPEALED.
   § 2. Insulin workgroup. 1. The commissioner of health, in consultation
 with  the  superintendent of the department of financial services, shall
 convene a group of experts, including persons who are insulin dependent,
 to explore options to increase access to insulin for  residents  of  the
 state with diabetes who are without health coverage, or who are ineligi-
 ble for Medicaid or other publicly funded health coverage. No later than
 December 31, 2021, such commissioner shall submit a report to the gover-
 nor, the temporary president of the senate, the speaker of the assembly,
 and the chairs of the senate and assembly health committees.  The report
 shall identify:
   a.  Options  for  enrolling uninsured eligible individuals into health
 coverage which provide comprehensive coverage for persons with diabetes;
   b. Barriers in access to information regarding costs within the  insu-
 lin supply chain;
   c. Actions that could be undertaken by the state to hold manufacturers
 accountable for price increases and transparency in drug pricing;
   d.  Options  for  increasing  affordability  and access to insulin for
 uninsured and underinsured individuals; and uninsured  and  underinsured
 individuals; and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09353-01-1

 S. 4000                             2
 
   e.  Opportunities  to engage with insulin pharmaceutical manufacturers
 for a public/private partnership to provide affordable insulin drugs  to
 those lacking access to such drugs.
   2. Analysis of these options in the report shall address:
   a. Potential costs to individuals;
   b. Potential fiscal impact to the state; and
   c. Opportunities for federal financial participation.
   3. Such report shall be posted on the department of health's website.
   §  3.  Section  6801  of  the education law is amended by adding a new
 subdivision 6 to read as follows:
   6. A LICENSED PHARMACIST MAY EXECUTE A NON-PATIENT-SPECIFIC REGIMEN OF
 INSULIN  AND  RELATED  SUPPLIES  TO  AN  INDIVIDUAL  WHO  HAS  A   VALID
 PRESCRIPTION  FOR  INSULIN  AND RELATED SUPPLIES WHICH HAS SINCE EXPIRED
 WITHIN THE LAST TWELVE MONTHS. THE VALID  PRESCRIPTION  MUST  HAVE  BEEN
 PRESCRIBED  OR  ORDERED  BY  A PHYSICIAN LICENSED IN THIS STATE OR NURSE
 PRACTITIONER CERTIFIED IN THIS STATE. EXECUTION OF A NON-PATIENT-SPECIF-
 IC REGIMEN SHALL BE ON AN EMERGENCY BASIS PROVIDED THE PHARMACIST:
   (A) FIRST ATTEMPTS TO OBTAIN AN AUTHORIZATION FROM THE  PRESCRIBER  OF
 THE  PATIENT-SPECIFIC  PRESCRIPTION AND CANNOT OBTAIN THE AUTHORIZATION,
 AND THE PRESCRIBER DOES NOT OBJECT TO DISPENSING TO  THE  PATIENT  UNDER
 THE NON-PATIENT-SPECIFIC REGIMEN;
   (B)  PROVIDES  A  REFILL  OF THE PATIENT-SPECIFIC PRESCRIPTION AND THE
 QUANTITY OF THAT REFILL IS IN CONFORMITY WITH  THE  DIRECTIONS  FOR  USE
 UNDER THE PATIENT-SPECIFIC PRESCRIPTION, BUT LIMITED TO AN AMOUNT NOT TO
 EXCEED A THIRTY-DAY EMERGENCY SUPPLY; AND
   (C)  NOTIFIES,  WITHIN  SEVENTY-TWO  HOURS OF DISPENSING THE REFILL OR
 REFILLS, THE  PRESCRIBER  OF  THE  PATIENT-SPECIFIC  PRESCRIPTION  WHOSE
 AUTHORIZATION  COULD  NOT BE OBTAINED, THAT AN EMERGENCY PRESCRIPTION OF
 INSULIN HAS BEEN DISPENSED.
   § 4. Section 6909 of the education law is  amended  by  adding  a  new
 subdivision 10 to read as follows:
   10.  A  CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE AND ORDER A NON-PA-
 TIENT-SPECIFIC REGIMEN TO A LICENSED PHARMACIST, FOR INSULIN AND RELATED
 SUPPLIES PURSUANT TO SECTION SIXTY-EIGHT HUNDRED ONE OF THIS TITLE.
   § 5. Section 6527 of the education law is  amended  by  adding  a  new
 subdivision 10 to read as follows:
   10. A LICENSED PHYSICIAN MAY PRESCRIBE AND ORDER A NON-PATIENT-SPECIF-
 IC  REGIMEN  TO  A LICENSED PHARMACIST, FOR INSULIN AND RELATED SUPPLIES
 PURSUANT TO SECTION SIXTY-EIGHT HUNDRED ONE OF THIS TITLE.
   § 6. This act shall take effect on the  same  date  and  in  the  same
 manner  as  a chapter of the laws of 2020 amending the public health law
 relating to drug assistance demonstration and  emergency  prescriptions,
 as  proposed  in  legislative bills numbers S.6492-B and A.8533-B, takes
 effect; provided, however, that the amendments made to section  6801  of
 the  education  law  by  section  three of this act shall not affect the
 expiration of such section and shall  be  deemed  to  expire  therewith.
 Effective immediately, the commissioner of education shall make any rule
 or  regulation necessary for the implementation of sections three, four,
 and five of this act on or before such effective date.