S T A T E O F N E W Y O R K
________________________________________________________________________
1795
2025-2026 Regular Sessions
I N S E N A T E
January 13, 2025
___________
Introduced by Sens. FERNANDEZ, JACKSON, WEBB -- 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 substitution of
brand name epinephrine auto-injectors with alternate epinephrine auto-
injectors for dispensation by pharmacists
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 6816-a of the education law is amended by adding a
new subdivision 6 to read as follows:
6. (A) NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION OR ANY OTHER
SECTION OF LAW TO THE CONTRARY, WHEN A PATIENT IS PRESCRIBED A BRAND
NAME EPINEPHRINE AUTO-INJECTOR, A PHARMACIST MAY SUBSTITUTE AN ALTERNATE
EPINEPHRINE AUTO-INJECTOR CONTAINING THE SAME ACTIVE INGREDIENTS, DOSAGE
FORM AND STRENGTH AS THE BRAND NAME PRODUCT PRESCRIBED, ORDERED OR
DEMANDED, REGARDLESS OF WHETHER THE ALTERNATE EPINEPHRINE AUTO-INJECTOR
IS INCLUDED IN THE LATEST LIST OF INTERCHANGEABLE DRUG PRODUCTS FOR THE
PRESCRIBED EPINEPHRINE AUTO-INJECTOR DEVICE, PROVIDED THAT:
(I) THE PRESCRIBER DOES NOT INDICATE THAT THE PRESCRIPTION THEREFOR
SHALL BE DISPENSED AS WRITTEN PURSUANT TO PARAGRAPH (A) OF SUBDIVISION
SIX OF SECTION SIXTY-EIGHT HUNDRED TEN OF THIS ARTICLE;
(II) THE ALTERNATE EPINEPHRINE AUTO-INJECTOR AVAILABLE WOULD REFLECT A
LOWER UNIT COST TO THE PURCHASER;
(III) THE PHARMACIST HAS ADVISED THE PURCHASER OF THE AVAILABILITY OF
AN ALTERNATE EPINEPHRINE AUTO-INJECTOR AND OBTAINED CONSENT TO DISPENSE
THE ALTERNATE EPINEPHRINE AUTO-INJECTOR; AND
(IV) THE PHARMACIST HAS COUNSELED THE PATIENT OR PERSON AUTHORIZED TO
ACT ON THE PATIENT'S BEHALF ON THE PROPER USAGE AND OPERATING FEATURES
OF THE ALTERNATE EPINEPHRINE AUTO-INJECTOR.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03148-01-5
S. 1795 2
(B) FOR PURPOSES OF THIS SUBDIVISION "EPINEPHRINE AUTO-INJECTOR" SHALL
HAVE THE SAME MEANING AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION ONE OF
SECTION THREE THOUSAND-C OF THE PUBLIC HEALTH LAW.
§ 2. This act shall take effect immediately.