NY State Senate Bill 2023-S8192

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 11, 2024	referred to health

2023-S8192 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3302, add §3336, Pub Health L; amd §§6810 & 6829, Ed L

2023-S8192 (ACTIVE) - Summary

Requires prescriptions administered and dispensed by a practitioner or a licensed pharmacist to include a quick response code containing certain information regarding the user, the prescribing practitioner/pharmacy and the medication.

2023-S8192 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8192

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the public health law and the education law, in relation
to requiring prescriptions to include a quick response code containing
certain information

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to authorize the use of quick response codes
to interpret labels affixed to prescription drugs.

 
SUMMARY OF PROVISIONS:ò

Section 1 of this bill would define relative terms.

Section 2 of this bill would require the Commissioner of Health, in
conjunction with the commissioner of the department of education, to
develop a quick response code to be included with a label affixed to a
prescription, including certain identifying information and specific

directions for use.

Section 3 of this bill would require that labels for a prescription
dispensed by a licensed pharmacist shall conform to the rules and regu-
lations related to quick response codes affixed to prescription labels.

Section 4 of this bill would provide that a quick response code would
not be included in the interpretation and translation requirements for
prescription drugs and standardized medication labeling.

Section 5 of this bill provides that the effective date shall take
effect immediately.

 
JUSTIFICATION:

Quick response codes, known as "QR codes," are effective tools that
allow instantaneous access to information online. Consumers are extraor-
dinarily familiar with QR codes and know how to use them; such codes are
attached to menus and placards, used to conduct surveys and join wire-
less networks, promote businesses, and attached to governmental forms.

QR codes are everywhere; except, however, on prescription drugs.

QR codes are increasingly common and meant to provide supplemental
information to consumers in a way that is easy to access and understand.
Often their intent is not to replace traditional paper labels; rather,
they enhance the effectiveness of paper labels.

The inclusion of QR codes on prescription labels would provide access to
the information contained on the label to individuals who are blind or
have low vision. According to the American Federation for the Blind, use
of QR codes to label items is now common practice for individuals who
are blind or have low vision. This allows existing screen reading appli-
cations for smartphones to provide an auditory description of informa-
tion contained within the codes. With this technology, individuals who
are blind or have low vision are able to distinguish between their own

medications without assistance, resulting in increased independence, a
reduction in barriers, and greater overall participation in society.

Creation of standards and requirements for the use of QR codes would
provide consistent access to the vital information contained on
prescription drug labels, allowing individuals who are blind or have low
vision to live more independently. Taking advantage of this common tech-
nology would allow for a smooth and quick improvement of accessibility
in this area of pharmaceuticals, with minimal disruption to current
practices. This bill would authorize the use of quick response codes to
interpret labels affixed to prescription drugs.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8192 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8192
 
                             I N  S E N A T E
 
                             January 11, 2024
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the education law, in relation
   to requiring prescriptions to include a quick response code containing
   certain information
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 3302 of the public health law is amended by adding
 a new subdivision 42 to read as follows:
   42. "QUICK RESPONSE CODE" MEANS A MACHINE-READABLE OPTICAL LABEL  THAT
 CAN  BE  SCANNED  AND  INTERPRETED  FOR SUPPLEMENTAL INFORMATION ABOUT A
 PRESCRIPTION TO WHICH IT IS ATTACHED.
   § 2. The public health law is amended by adding a new section 3336  to
 read as follows:
   §  3336.  SUPPLEMENTAL  QUICK  RESPONSE  CODE. 1. THE COMMISSIONER, IN
 CONJUNCTION WITH THE COMMISSIONER OF THE DEPARTMENT OF EDUCATION,  SHALL
 DEVELOP  A  QUICK RESPONSE CODE TO BE INCLUDED WITH A LABEL AFFIXED TO A
 PRESCRIPTION ADMINISTERED AND DISPENSED BY A  PRACTITIONER  PURSUANT  TO
 SECTION  THIRTY-THREE HUNDRED THIRTY-ONE OF THIS TITLE OR DISPENSED BY A
 LICENSED PHARMACIST PURSUANT TO  SECTION  THIRTY-THREE  HUNDRED  THIRTY-
 THREE OF THIS TITLE TO ASSIST INTERPRETATION OF SUCH PRESCRIPTION BY THE
 ELDERLY,  WHICH  FOR  PURPOSES  OF  THIS SECTION MEAN PERSONS FIFTY-FIVE
 YEARS OF AGE OR OLDER, AND INDIVIDUALS WITH A DEVELOPMENTAL  DISABILITY,
 AS  SUCH  TERM  IS DEFINED PURSUANT TO SUBDIVISION TWENTY-TWO OF SECTION
 1.03 OF THE MENTAL HYGIENE LAW. SUCH QUICK RESPONSE CODE SHALL INCLUDE:
   (A) THE NAME AND ADDRESS OF THE ULTIMATE USER FOR WHOM  THE  SUBSTANCE
 IS  INTENDED, OR IF INTENDED FOR USE UPON AN ANIMAL, THE SPECIES OF SUCH
 ANIMAL AND THE NAME AND ADDRESS OF THE OWNER OR  PERSON  IN  CUSTODY  OF
 SUCH ANIMAL;
   (B)  THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE DISPENSING PRACTI-
 TIONER AND/OR PHARMACY FROM WHICH SUCH SUBSTANCE IS DISPENSED;
   (C) THE DATE THE SUBSTANCE WAS COMPOUNDED;
   (D) SPECIFIC DIRECTIONS FOR USE, INCLUDING  BUT  NOT  LIMITED  TO  THE
 DOSAGE  AND  FREQUENCY OF DOSAGE, AND THE MAXIMUM DAILY DOSAGE, AS GIVEN
 UPON THE PRESCRIPTION;
   (E) THE NAME OF THE PRESCRIBING DISPENSING PRACTITIONER AND/OR PHARMA-
 CY;

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13723-02-3
 S. 8192                             2

   (F) THE LEGEND, PROMINENTLY DISPLAYED IN EITHER BOLDFACE OR UPPER-CASE
 LETTERING: "CONTROLLED SUBSTANCE, DANGEROUS UNLESS USED AS DIRECTED";
   (G) THE DATE OF DISPENSING;
   (H)  EITHER  THE NAME OF THE SUBSTANCE OR SUCH CODE NUMBER ASSIGNED BY
 THE DEPARTMENT FOR THE PARTICULAR SUBSTANCE PURSUANT TO SECTION  THIRTY-
 THREE HUNDRED EIGHTEEN OF THIS ARTICLE;
   (I)  THE  NUMBER OF THE PRESCRIPTION UNDER WHICH IT IS RECORDED IN THE
 PHARMACIST'S PRESCRIPTION FILE; AND
   (J) ANY OTHER INFORMATION AS DEEMED NECESSARY BY THE COMMISSIONER.
   2. A QUICK RESPONSE CODE SHALL BE CONSIDERED SUPPLEMENTAL  INFORMATION
 FOR  THE  ULTIMATE USER AND SHALL NOT BE CONSIDERED AN OFFICIAL NEW YORK
 STATE PRESCRIPTION OR ELECTRONIC PRESCRIPTION FOR SCHEDULED SUBSTANCES.
   3. THE INCLUSION OF A QUICK RESPONSE CODE SHALL NOT OBVIATE ANY  OTHER
 REQUIREMENT  OF  THIS ARTICLE. ADDITIONALLY, A QUICK RESPONSE CODE SHALL
 INCORPORATE STANDARDIZED PATIENT-CENTERED DATA ELEMENTS, WHEN  FEASIBLE,
 PURSUANT TO SECTION SIXTY-EIGHT HUNDRED THIRTY OF THE EDUCATION LAW.
   § 3. 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, 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. ALL LABELS SHALL CONFORM TO SUCH RULES AND REGULATIONS AS
 PROMULGATED BY THE COMMISSIONER OF EDUCATION, IN  CONJUNCTION  WITH  THE
 COMMISSIONER  OF  THE  DEPARTMENT OF HEALTH, PURSUANT TO SECTION THIRTY-
 THREE HUNDRED THIRTY-SIX OF THE PUBLIC HEALTH  LAW;  PROVIDED,  HOWEVER,
 THAT  CONFORMITY  WITH  SUCH  RULES  AND REGULATIONS SHALL NOT FULFILL A
 REQUIREMENT UNDER SECTION SIXTY-EIGHT HUNDRED TWENTY-NINE OF THIS  ARTI-
 CLE.  The  prescribing  and  dispensing  of a drug which is a controlled
 substance shall be subject to additional requirements provided in  arti-
 cle  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 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 fill-
 ing a prescription.
   § 4. Subdivision 2 of section 6829 of the education law is amended  by
 adding a new paragraph (d) to read as follows:
   (D)  THE  SERVICES  REQUIRED BY THIS SECTION SHALL NOT BE PROVIDED FOR
 THE REQUIREMENTS OF  SECTION  THIRTY-THREE  HUNDRED  THIRTY-SIX  OF  THE
 PUBLIC HEALTH LAW.
   §  5. This act shall take effect one year after it shall have become a
 law.

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Senate Bill S8192

Sponsored By

Current Bill Status - In Senate Committee Health Committee

2023-S8192 (ACTIVE) - Details

2023-S8192 (ACTIVE) - Summary

2023-S8192 (ACTIVE) - Sponsor Memo

2023-S8192 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8192

Share this bill

Sponsored By

John W. Mannion

Current Bill Status - In Senate Committee Health Committee

2023-S8192 (ACTIVE) - Details

2023-S8192 (ACTIVE) - Summary

2023-S8192 (ACTIVE) - Sponsor Memo

2023-S8192 (ACTIVE) - Bill Text download pdf

Comments