Requires investigating of critical prescription drug pricing; provides for civil penalties and private actions for certain critical prescription drug pricing.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10467
SPONSOR: Hyndman PURPOSE OR GENERAL IDEA OF BILL:
This legislation would facilitate greater access to HIV-preventive medi-
cation, called PrEP, by allowing pharmacists to dispense the medication
via a standing order.
SUMMARY OF PROVISIONS:
Sections one and two of the bill allow physicians and nurse practition-
ers to issue a non-patient specific standing order for PrEP.
Section 3 amends Section 6801 of the education law to allow pharmacists
to executive a non-patient specific standing order for PrEP, subject to
the following conditions:
1. The pharmacist must complete a training program created by NYS DOH on
the use of PrEP;
2. The patient is HIV negative, as documented by a negative HIV test
obtained within the previous 7 days;
3. The patient does not self-report having any HIV symptoms;
4. The patient does not report taking medications that conflict with
PrEP;
5. The pharmacist has not furnished more than a 60-day supply more often
than once every two years;
6. The pharmacist provides the patient with information, published by
NYS DOH, advising the patient on proper use, safety, and testing; and
7. The pharmacist provides a list of local doctors and/or clinics to
patients who do not have a regular doctor.
Section 4 sets forth the effective date. The act takes effect 180 days
after becoming law, and allows the commissioner to created necessary
regulations immediately.
JUSTIFICATION:
While much progress has been made in the fight against HIV and AIDS,
there is still a need for new tools and greater access to life-saving
medication. In 2018, our state saw 2,481 New Yorkers newly diagnosed
with HIV+. This number calls for new policies that target high-risk
populations with high bathers to preventive treatments. Pre-exposure
prophylaxis, or PrEP, is currently on the market under the brand name
"Truvada" as a long-term daily pill that is highly effective at prevent-
ing new transmissions of HIV. This legislation would allow pharmacists
to dispense the medication before a patient receives a doctor's
prescription for a maximum of 60 days. This tool will allow people to
access PrEP even if they don't have a regular doctor, are waiting for an
appointment, have just moved to a new place or have just become sexually
active.
PrEP has been used for well over a decade as a successful medication in
preventing new HIV transmissions. With this legislation, New York will
expand access to more residents, which will help further reduce
infections. Many people at high-risk of HIV are unlikely to have a regu-
lar doctor, and may not know how to access this medication. By reducing
a bather to the medication, we can increase the number of people using
the medication, and reduce infections.
PRIOR LEGISLATIVE HISTORY:
S7435 of 2025 introduced by then-Senator Hoylman-Sigal
S.3297 of 2023-2024 (Hoylman-Sigal): Died in Higher Education
A.5995 of 2023-2024 (Barrett): Died in Higher Education
S.0728 of 2021-2022 (Hoylman): Died in Higher Education
A.2198 of 2021-2022 (Barrett): Died in Higher Education
S.7704-A of 2020 (Hoylman): Died in Higher Education
A.9013-A of 2020 (Barrett): Died in Higher Education
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided, however, the amendments to section
6801 of the education law made by section three of this act shall not
affect the expiration of such section and shall be deemed to expire
therewith. Effective immediately, the commissioner of education is
authorized to promulgate any and all rules and regulations and take any
other measures necessary to implement this act on or before such effec-
tive date.
STATE OF NEW YORK
________________________________________________________________________
10467
IN ASSEMBLY
March 6, 2026
___________
Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
tee on Insurance
AN ACT to amend the insurance law, in relation to investigating critical
prescription drug pricing
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The insurance law is amended by adding a new section 346 to
2 read as follows:
3 § 346. Investigation by the superintendent with respect to critical
4 prescription drugs. (a) Whenever it shall appear to the superintendent,
5 either upon complaint or otherwise, that in the advertisement, purchase
6 or sale within this state of any critical prescription drug, that the
7 price of that critical prescription drug has increased over the course
8 of any twelve months by more than the increase of the cost of living
9 index for the list price of that critical prescription drug, or if it is
10 suspected that any person, partnership, corporation, company, trust or
11 association, or any agent or employee thereof has sold or offered for
12 sale or is attempting to sell or is offering for sale any critical
13 prescription drug for which the price of that drug has increased over
14 the course of any twelve months by more than the increase of the cost of
15 living index for the list price of that drug, or if the superintendent
16 believes it is to the public interest to investigate, the superintendent
17 shall require such person, partnership, corporation, company, trust or
18 association, or any agent or employee thereof, to file with the depart-
19 ment a statement in writing under oath or otherwise as to all the facts
20 and circumstances concerning the price increase and for that purpose may
21 prescribe forms upon which such statements shall be made.
22 (b) In addition to any other power granted by law, the superintendent,
23 their deputy or other officer designated by the superintendent is
24 empowered to subpoena witnesses, compel their attendance, examine them
25 under oath and require the production of any books or papers which they
26 deem relevant or material to the inquiry. Such power of subpoena and
27 examination shall not abate or terminate by reason of any action or
28 proceeding brought by the attorney general.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01571-01-5
A. 10467 2
1 (c) No person shall be excused from attending such inquiry in
2 pursuance to the mandates of a subpoena, or from producing a paper or
3 book, or from being examined or required to answer a question on the
4 ground of failure of tender or payment of a witness fee and/or mileage,
5 unless at the time of such appearance or production, as the case may be,
6 such witness makes demand for such payment as a condition precedent to
7 the offering of testimony or production required by the subpoena and
8 unless such payment is not thereupon made. The provisions for payment of
9 witness fee and/or mileage shall not apply to any officer, director or
10 person in the employ of any person, partnership, corporation, company,
11 trust or association whose conduct or practices are being investigated.
12 (d) If a person subpoenaed to attend such inquiry fails to obey the
13 command of a subpoena without reasonable cause, or if a person in
14 attendance upon such inquiry shall without reasonable cause refuse to be
15 sworn or to be examined or to answer a question or to produce a book or
16 paper when ordered so to do by the officer conducting such inquiry, or
17 if a person, partnership, corporation, company, trust or association
18 fails to perform any act required by this section to be performed, such
19 person shall be guilty of a misdemeanor and shall be subject to a civil
20 penalty as set forth in subsection (e) of this section.
21 (e) (1) If after an investigation authorized under this section the
22 superintendent determines that the increase in the price of the critical
23 prescription drug is unjustified, the superintendent may, after notice
24 and a hearing, levy a civil penalty not to exceed the greater of:
25 (A) five thousand dollars for each offense;
26 (B) a multiple of two times the aggregate damages attributable to the
27 offense; or
28 (C) a multiple of two times the aggregate economic gain attributable
29 to the offense.
30 (2) If any person, partnership, corporation, company, trust or associ-
31 ation, that fails to submit a written statement required by the super-
32 intendent under subsection (a) of this section or violates subsection
33 (d) of this section, the superintendent may, after notice and a hearing,
34 levy a civil penalty not to exceed to one thousand dollars per day that
35 such failure continues.
36 (f) For the purposes of this section, a "critical prescription drug"
37 shall be defined as one necessary to prevent or treat a disease or state
38 in which death is possible or imminent.
39 § 2. This act shall take effect immediately.
