|SAME AS||SAME AS S07078-A|
|COSPNSR||Woerner, Cymbrowitz, Benedetto, Galef, Dinowitz, Ra, Montesano, Hooper, Duprey, Steck, Miller, Abinanti, Palmesano|
|MLTSPNSR||Abbate, 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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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. LBD14611-02-6A. 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.