STATE OF NEW YORK
________________________________________________________________________
2489--A
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
___________
Introduced by Sens. HANNON, LAVALLE, MARCHIONE, RITCHIE -- read twice
and ordered printed, and when printed to be committed to the Committee
on Higher Education -- reported favorably from said committee and
committed to the Committee on Finance -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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:
1 Section 1. Section 6816-a of the education law is amended by adding a
2 new subdivision 3 to read as follows:
3 3. (a) Notwithstanding subdivision two of this section or any other
4 section of law to the contrary, when a patient is prescribed a brand
5 name epinephrine auto-injector, a pharmacist may substitute an alternate
6 epinephrine auto-injector containing the same active ingredients, dosage
7 form and strength as the brand name product prescribed, ordered or
8 demanded, regardless of whether the alternate epinephrine auto-injector
9 is included in the latest list of interchangeable drug products for the
10 prescribed epinephrine auto-injector device, provided that:
11 (i) the prescriber does not indicate that the prescription therefor
12 shall be dispensed as written pursuant to paragraph (a) of subdivision
13 six of section sixty-eight hundred ten of this article;
14 (ii) the alternate epinephrine auto-injector available would reflect a
15 lower unit cost to the purchaser; and
16 (iii) the pharmacist has advised the purchaser of the availability of
17 an alternate epinephrine auto-injector and obtained consent to dispense
18 the alternate epinephrine auto-injector.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04490-02-7
S. 2489--A 2
1 (b) For purposes of this subdivision "epinephrine auto-injector" shall
2 have the same meaning as provided in paragraph (b) of subdivision one of
3 section three thousand-c of the public health law.
4 § 2. This act shall take effect immediately.
