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.