New York State Assembly

 
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A04781 Summary:

A04781 Actions:

A04781 Committee Votes:

Committee:HIGHER EDUCATION   Chair:Glick      
DATE:05/21/2019AYE/NAY:26/0  Action: Favorable         
Glick
Aye
Smith
Aye
Gottfried
Aye
Fitzpatrick
Aye
Englebright
Aye
Garbarino
Aye
Cahill
Aye
Ashby
Aye
Lifton
Aye
Reilly
Aye
Cusick
Aye
Salka
Aye
Lupardo
Aye
Walczyk
Aye
Stirpe
Aye
Fahy
Aye
Pichardo
Aye
Simon
Aye
McDonald
Aye
Bichotte
Aye
Hyndman
Aye
Epstein
Aye
Griffin
Aye
Romeo
Aye
McMahon
Aye
Buttenschon
Aye

A04781 Floor Votes:

A04781 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A4781B
 
SPONSOR: Rosenthal D

 
TITLE OF BILL:  An act to amend the education law, in relation to
requiring pharmacies to make reasonable attempts to notify patients of
certain drug recalls
 
 
PURPOSE:
 
To require patient notification of recalled prescription medication
 
 
SUMMARY OF PROVISIONS:
 
Section 1 adds a new section to education law; defines 'class I recall'
and requires pharmacists to notify patients who have been issued class I
recalled medication. Section 2 sets the effective date.
 
 
SUMMARY OF AMENDMENTS:

-Provides that the pharmacy shall make reasonable attempts to contact
the patient by phone or mail
-Provides that the 3 day window of notification begins once the pharmacy
is notified of the recall from the manufacturer, wholesaler, FDA or
other means of notice
- Provides that chain pharmacies may satisfy the requirements of this
section by outreach from a central office
 
 
JUSTIFICATION:
 
The FDA classifies drug recalls into 3 numerical categories. Class 1
recalls indicate the most serious adverse health implications. Drugs
that are issued a Class 1 recall have a high probability of exposing
patients to products that may cause serious adverse health consequences
or death. Currently, there is no requirement for pharmacies to notify
patients who have been dispensed recalled drugs of their status. Given
the severity of the risk associated with such products, especially to
elderly patients and those taking long-term maintenance medications,
patient notification becomes paramount. As pharmacies often act as the
most direct point of contact for many patients, this legislation helps
to protect at risk consumers from potentially harmful medication.
 
 
LEGISLATIVE HISTORY:
 
This is a new bill
 
 
FISCAL IMPLICATIONS:
 
None to the state
 
 
EFFECTIVE DATE:
This act shall take effect immediately

A04781 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4781--B
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 5, 2019
                                       ___________
 
        Introduced  by  M.  of  A. D. ROSENTHAL -- read once and referred to the
          Committee on Higher Education -- committee discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          again reported from said committee with amendments, ordered  reprinted
          as amended and recommitted to said committee

        AN  ACT  to amend the education law, in relation to requiring pharmacies
          to make reasonable attempts to notify patients of certain drug recalls
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The education law is amended by adding a new section 6811-c
     2  to read as follows:
     3    §  6811-c.  Patient notification of recalled drugs. 1. For purposes of
     4  this section the term "class I recall" shall mean a situation  in  which
     5  the United States food and drug administration deems there is reasonable
     6  probability  that  the  use  of  or exposure to a violative product will
     7  cause serious adverse health consequences or death.
     8    2. Where there has been a class I recall of a prescription drug, phar-
     9  macies shall make a reasonable attempt to notify all patients that  have
    10  been  prescribed  and  who  are  currently  taking  such  recalled  drug
    11  dispensed from such pharmacy by phone or by mail within  three  days  of
    12  the  pharmacy being notified by the United States food and drug adminis-
    13  tration, a manufacturer, a wholesaler or by other notice of such recall.
    14    3. The notification required by this section may  be  provided  by  an
    15  individual  pharmacy  or  by  a central office in the case of a pharmacy
    16  that is part of a chain.
    17    § 2. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06542-06-9

A04781 LFIN:

 
NO LFIN

A04781 Chamber Video/Transcript: