senate Bill S9448

2021-2022 Legislative Session

Relates to exceptions from registration requirements for nonresident pharmacies in certain cases

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2022 returned to senate
passed assembly
ordered to third reading rules cal.769
substituted for a5413a
Jun 02, 2022 referred to higher education
delivered to assembly
passed senate
ordered to third reading cal.1918
committee discharged and committed to rules
May 27, 2022 referred to higher education

S9448 (ACTIVE) - Details

See Assembly Version of this Bill:
A5413
Law Section:
Education Law
Laws Affected:
Amd §6808-b, Ed L

S9448 (ACTIVE) - Summary

Permits an exception from registration for nonresident pharmacies in cases of a specific patient need or a declared public health emergency under certain conditions.

S9448 (ACTIVE) - Sponsor Memo

S9448 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9448
 
                             I N  S E N A T E
 
                               May 27, 2022
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law, in relation to  the  registration  of
   nonresident  pharmacies,  manufacturers,  wholesalers  and outsourcing
   facilities that deliver prescription drugs  to  other  establishments,
   authorized prescribers and patients residing in this state

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 6808-b of the  education  law,  as
 amended  by  chapter  567  of  the  laws  of 2002, is amended to read as
 follows:
   2. Registration. (A) All nonresident establishments that  ship,  mail,
 or  deliver prescription drugs and/or devices to other registered estab-
 lishments, authorized prescribers, and/or patients into this state shall
 be registered with the department; except that such  registration  shall
 not  apply  to  intra-company transfers between any division, affiliate,
 subsidiaries, parent or other entities under complete  common  ownership
 and  control.  The  provisions of this subdivision shall apply solely to
 nonresident establishments and shall not affect any other  provision  of
 this article.
   (B)  NOTWITHSTANDING  THE  PROVISIONS OF THIS ARTICLE, AN UNREGISTERED
 NONRESIDENT ESTABLISHMENT MAY SHIP, MAIL, OR DELIVER PRESCRIPTION  DRUGS
 AND/OR  DEVICES TO REGISTERED ESTABLISHMENTS IN THIS STATE IN CASES OF A
 SPECIFIC PATIENT NEED OR A DECLARED PUBLIC  HEALTH  EMERGENCY,  PROVIDED
 THAT:
   (I) THE UNLICENSED ESTABLISHMENT IS APPROPRIATELY LICENSED IN ITS HOME
 STATE,  AND  DOCUMENTATION OF THE LICENSE VERIFICATION CAN BE MAINTAINED
 BY THE RESIDENT ESTABLISHMENT IN A MANNER DETERMINED BY THE DEPARTMENT;
   (II) IN CASES OF SPECIFIC PATIENT NEED, THE  REGISTERED  ESTABLISHMENT
 SHALL  MAINTAIN DOCUMENTATION THAT THE TRANSFER IS FOR SUCH PURPOSE IN A
 MANNER DETERMINED BY THE DEPARTMENT;
   (III) THE RESIDENT PHARMACY COMPLIES WITH ALL  RECORDKEEPING  REQUIRE-
 MENTS OF THE DEPARTMENT FOR EACH DRUG OR DEVICE RECEIVED FROM ANY UNREG-
 ISTERED NONRESIDENT ESTABLISHMENT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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