STATE OF NEW YORK
________________________________________________________________________
4447
2023-2024 Regular Sessions
IN SENATE
February 8, 2023
___________
Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to the substitution of
brand name epinephrine auto-injectors with alternate epinephrine auto-
injectors for dispensation by pharmacists
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 6816-a of the education law is amended by adding a
2 new subdivision 6 to read as follows:
3 6. (a) Notwithstanding subdivision two of this section or any other
4 section of law to the contrary, when a patient is prescribed a brand
5 name epinephrine auto-injector, a pharmacist may substitute an alternate
6 epinephrine auto-injector containing the same active ingredients, dosage
7 form and strength as the brand name product prescribed, ordered or
8 demanded, regardless of whether the alternate epinephrine auto-injector
9 is included in the latest list of interchangeable drug products for the
10 prescribed epinephrine auto-injector device, provided that:
11 (i) the prescriber does not indicate that the prescription therefor
12 shall be dispensed as written pursuant to paragraph (a) of subdivision
13 six of section sixty-eight hundred ten of this article;
14 (ii) the alternate epinephrine auto-injector available would reflect a
15 lower unit cost to the purchaser;
16 (iii) the pharmacist has advised the purchaser of the availability of
17 an alternate epinephrine auto-injector and obtained consent to dispense
18 the alternate epinephrine auto-injector; and
19 (iv) the pharmacist has counseled the patient or person authorized to
20 act on the patient's behalf on the proper usage and operating features
21 of the alternate epinephrine auto-injector.
22 (b) For purposes of this subdivision "epinephrine auto-injector" shall
23 have the same meaning as provided in paragraph (b) of subdivision one of
24 section three thousand-c of the public health law.
25 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08848-01-3
