S T A T E O F N E W Y O R K
________________________________________________________________________
825
2023-2024 Regular Sessions
I N A S S E M B L Y
January 11, 2023
___________
Introduced by M. of A. JOYNER -- read once and referred to the Committee
on Higher Education
AN ACT to amend the public health law, in relation to the dispensing of
glucagon
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
279-a to read as follows:
§ 279-A. DISPENSING OF GLUCAGON. NOTWITHSTANDING ANY OTHER PROVISIONS
OF LAW TO THE CONTRARY, A PHARMACIST MAY DISPENSE ANY FOOD AND DRUG
ADMINISTRATION APPROVED GLUCAGON MEDICATION TO AN INSULIN USING PERSON
REGARDLESS IF THE PERSON CURRENTLY HAS OR PREVIOUSLY HAS HAD A
PRESCRIPTION FOR GLUCAGON.
1. (A) A HEALTH CARE PROFESSIONAL MAY PRESCRIBE BY A PATIENT-SPECIFIC
OR NON-PATIENT-SPECIFIC PRESCRIPTION, DISPENSE OR DISTRIBUTE, DIRECTLY
OR INDIRECTLY, AN ORDER OF GLUCAGON TO A GLUCAGON RECIPIENT;
(B) A PHARMACIST MAY DISPENSE AN ORDER OF GLUCAGON, THROUGH A
PATIENT-SPECIFIC OR NON-PATIENT-SPECIFIC PRESCRIPTION PURSUANT TO THIS
SECTION, TO A GLUCAGON RECIPIENT;
(C) THE PROVISIONS OF THIS SECTION SHALL NOT BE DEEMED TO REQUIRE A
PRESCRIPTION FOR ANY ORDER OF GLUCAGON THAT DOES NOT OTHERWISE REQUIRE A
PRESCRIPTION; NOR SHALL IT BE DEEMED TO LIMIT THE AUTHORITY OF A HEALTH
CARE PROFESSIONAL TO PRESCRIBE, DISPENSE OR DISTRIBUTE, OR OF A PHARMA-
CIST TO DISPENSE, AN ORDER OF GLUCAGON UNDER ANY OTHER PROVISION OF LAW,
PROVIDED THAT:
(I) ANY DISPENSING OF GLUCAGON UNDER THIS SECTION SHALL BE DONE ONLY
IN ACCORDANCE WITH A PHYSICIAN-APPROVED PROTOCOL AND SHALL SPECIFY THE
MINIMUM REQUIRED COMPONENTS OF ANY SUCH PROTOCOL;
(II) THE PERSON TO WHOM GLUCAGON IS DISPENSED SHALL BE EDUCATED BY THE
PHARMACIST AS TO THE MECHANISM AND CIRCUMSTANCES FOR THE ADMINISTRATION
OF GLUCAGON; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00742-01-3
A. 825 2
(III) A RECORD OF THE DISPENSING OF GLUCAGON SHALL BE MADE AVAILABLE
TO THE PATIENT'S PHYSICIAN AND TO THE PHYSICIAN SIGNING A PROTOCOL UNDER
THIS SUBDIVISION, IF REQUIRED BY THE PHYSICIAN OR PHYSICIANS.
2. REIMBURSEMENT IS THE RESPONSIBILITY OF THE PERSON OBTAINING THE
GLUCAGON CONSISTENT WITH THE REQUIREMENTS OF HIS OR HER HEALTH INSUR-
ANCE. THE PHARMACIST SHALL COUNSEL AN UNINSURED PERSON ON ANY EXISTING
PROGRAMS THAT AID IN ACCESS TO GLUCAGON.
§ 2. This act shall take effect immediately.