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A09528 Summary:

BILL NOA09528A
 
SAME ASSAME AS S07078-A
 
SPONSORSimanowitz
 
COSPNSRWoerner, Cymbrowitz, Benedetto, Galef, Dinowitz, Ra, Montesano, Hooper, Duprey, Steck, Miller, Abinanti, Palmesano
 
MLTSPNSRAbbate, Ceretto, Cook, Crespo, Glick, Hevesi, Hyndman, McLaughlin, Oaks, Simon, Thiele
 
Amd 6810, Ed L
 
Relates to authorizing pharmacists to refill non-controlled substance prescriptions for quantities of drugs not to exceed a ninety day supply.
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A09528 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9528--A
 
                   IN ASSEMBLY
 
                                     March 10, 2016
                                       ___________
 
        Introduced  by  M.  of  A.  SIMANOWITZ,  WOERNER, CYMBROWITZ, BENEDETTO,
          GALEF, DINOWITZ, RA, MONTESANO, HOOPER, DUPREY, STECK, MILLER, ABINAN-
          TI, PALMESANO -- Multi-Sponsored by -- M. of A. ABBATE, CERETTO, COOK,
          CRESPO, GLICK, HEVESI, HYNDMAN, McLAUGHLIN,  OAKS,  SIMON,  THIELE  --
          read once and referred to the Committee on Higher Education -- commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee
 
        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  condi-
          tions
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The opening paragraph of paragraph (a) of subdivision 2  of
     2  section 6810 of the education law, as amended by chapter 413 of the laws
     3  of 2014, is amended to read as follows:
     4    A prescription may not be refilled unless it bears a contrary instruc-
     5  tion and indicates on its face the number of times it may be refilled. A
     6  prescription  may  not  be  refilled  more  times  than  allowed  on the
     7  prescription. The date of  each  refilling  must  be  indicated  on  the
     8  original  prescription. Prescriptions for controlled substances shall be
     9  refilled only pursuant to article thirty-three of the public health law.
    10  A pharmacist may exercise his or her professional judgement in refilling
    11  a prescription for a quantity of a drug greater than the initial quanti-
    12  ty of a drug prescribed by the prescribing practitioner provided that:
    13    (i) such refill is made after the patient's  initial  prescription  is
    14  dispensed;
    15    (ii)  such refill does not exceed a ninety day supply of such drug and
    16  does not exceed the total quantity of such drug authorized by the  pres-
    17  criber;
    18    (iii)  the  prescriber  has not indicated that the initial quantity or
    19  refill quantity of the prescribed drug shall not be changed;
    20    (iv) such drug is not a controlled substance;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14611-02-6

        A. 9528--A                          2
 
     1    (v) the pharmacist informs the prescriber of such refill as soon as is
     2  reasonably possible, but no later than five  business  days  after  such
     3  refill is made; and
     4    (vi)  the patient's health insurance policy or health benefit plan, if
     5  any, will cover the refill quantity dispensed, without additional co-in-
     6  surance, deductible or other out-of-pocket expense  required  from  such
     7  patient.
     8    § 2. This act shall take effect immediately.
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