NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9769
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the public health law, in relation to requiring pharma-
cies that are permanently closing to notify customers of such closing
PURPOSE:
This bill directs pharmacies that are permanently closing to provide
customers with a list of alternative pharmacies in close proximity and
instructions on how to transfer prescriptions.
SUMMARY OF SPECIFIC PROVISIONS:
Section one the public health law by adding a new section 280-d.
Section two establishes the effective date.
JUSTIFICATION:
When a pharmacy permanently closes, it is standard practice to transfer
patient prescriptions to another pharmacy, often owned by the same
company. The new pharmacy may not be convenient to the customer and may
not be a pharmacy the customer would have selected if given the choice.
Such choice is even more important in the post-Roe era as some pharma-
cists have chosen not to fill certain prescriptions due to religious or
moral beliefs.
Every customer deserves the ability to have their prescription filled by
the pharmacy of their choice, regardless of the medication. This legis-
lation would provide customers with that by requiring that pharmacies
permanently closing provide customers a list of nearby pharmacies,
including independently owned pharmacies and instructions on how to
transfer their prescriptions.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9769
IN ASSEMBLY
April 5, 2024
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Higher Education
AN ACT to amend the public health law, in relation to requiring pharma-
cies that are permanently closing to notify customers of such closing
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 280-d to read as follows:
3 § 280-d. Notice of pharmacy closure. 1. Any pharmacy operating pursu-
4 ant to article one hundred thirty-seven of the education law that is
5 permanently closing shall provide to customers, upon the dispensing of
6 any prescription medication to any such customer, written notice of the
7 date upon which such pharmacy shall be permanently closed. Such pharma-
8 cy shall also, to the extent possible, contact all customers who have
9 filled prescriptions within the past twelve months and provide such
10 customers with notice of the date upon which such pharmacy shall be
11 permanently closed.
12 2. The notice required pursuant to subdivision one of this section
13 shall include, but not be limited to:
14 (a) the permanent closure date of such pharmacy;
15 (b) a list of five pharmacies in close physical proximity, including
16 the contact information for such pharmacies, provided, however, that at
17 least three out of the five pharmacies listed shall be independently
18 owned;
19 (c) instructions on how customers can transfer any existing
20 prescriptions from the closing pharmacy to one of the five listed phar-
21 macies; and
22 (d) consequences of failing to transfer a prescription from a closing
23 pharmacy prior to such pharmacy's closing date.
24 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14216-04-4
