NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6371B
SPONSOR: Simanowitz (MS) TITLE OF BILL:
An act to amend the education law, in relation to authorizing pharma-
cists to refill non-controlled substance prescriptions for quantities of
drugs not to exceed a ninety day supply, subject to certain conditions
PURPOSE OR GENERAL IDEA OF BILL:
This bill would authorize pharmacists to issue refills for non-cont-
rolled drug prescriptions up to a 90 day supply, subject to certain
conditions.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends subdivision 2 of section 6810 of the education law to
allow a pharmacist to refill a prescription for a drug, other than a
controlled drug, in an amount greater than the initial quantity
prescribed by the practitioner if:
1. The refill is made after the initial prescription is dispensed and
does not exceed (a) a 90-day supply and (b) the total quantity author-
ized by the practitioner (c) the total number of refills does not exceed
5 in a calendar year;
2. The practitioner does not indicate that the initial or refill quanti-
ty cannot be changed;
3. The pharmacist informs the practitioner of the refill at the earliest
reasonable time but no later than 48 hours after the refill;
4. The patient's health insurance policy or health benefit plan will
cover the refill quantity at no additional coinsurance, deductible, or
other out-of-pocket expense from the patient than is provided for mail
order prescription fills.
Section 2 removes misdemeanor charge for changing dispensing schedule
when in compliance with this legislation.
Section 3 sets effective date.
SUMMARY OF AMENDMENTS:
Minor language changes were made to limit the total number of refills
that may be issued and shorten the notification period for the pharma-
cists to inform the prescriber of a 90 day issuance. An additional
section was added, amending section 6816 of education law to ensure that
pharmacists would not be found guilty of a misdemeanor charge for alter-
ing medication-dispensing schedule in compliance with this bill.
JUSTIFICATION:
Extended prescription fills are an important pharmacy tool that can
enhance patient care and help control health care costs. 90 day fills
have been shown to improve medication compliance while also reducing
prescription costs through higher generic utilization rates and lower
pharmacy reimbursement costs for plan sponsors. Studies have shown that
90-day retail fills improve adherence by 15% and increase generic utili-
zation by 10.6% compared with 30-day retail fill. Additionally,
converting 30-day to 90-day retail fills saves plan sponsors directly
through lower reimbursement costs, such as ingredient costs and dispens-
ing fees. Despite the advantages of 90-day retail fills, mail service
pharmacies have been the primary option to obtain such fills. However,
many patients prefer to obtain their prescriptions through their neigh-
borhood retail pharmacist. This bill would ensure that patients are able
to achieve the full benefits of a 90-day fill through their pharmacy of
choice.
PRIOR LEGISLATIVE HISTORY:
2016: A9528a- Passed Assembly
FISCAL IMPLICATIONS:
None to the state
EFFECTIVE DATE:
This act shall take effect immediately.
