A10331 Summary:

BILL NOA10331
 
SAME ASSAME AS S09118
 
SPONSORRules (Hyndman)
 
COSPNSR
 
MLTSPNSR
 
Amd §6808, Ed L
 
Prohibits publicly traded pharmacies with twenty or more stores in this state from establishing or enforcing quotas for duties performed by pharmacists and pharmacy technicians, including evaluating or measuring the number of prescriptions filled, services rendered, programs offered and revenue obtained.
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A10331 Actions:

BILL NOA10331
 
05/13/2022referred to higher education
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A10331 Committee Votes:

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A10331 Floor Votes:

There are no votes for this bill in this legislative session.
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A10331 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10331
 
                   IN ASSEMBLY
 
                                      May 13, 2022
                                       ___________
 
        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Hyndman) --
          read once and referred to the Committee on Higher Education
 
        AN ACT to amend the education law, in relation  to  prohibiting  certain
          chain  pharmacies  from  establishing  quotas  for duties performed by
          pharmacists and pharmacy technicians
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  6808 of the education law is amended by adding a
     2  new subdivision 3 to read as follows:
     3    3. Chain community pharmacies; registration.
     4    a. Definitions. For the purposes of this subdivision:
     5    (1) "Chain community pharmacy" means a publicly traded company  having
     6  at least twenty pharmacies in New York state under the same ownership.
     7    (2)  Except  as  provided  in paragraph d of this subdivision, "quota"
     8  means a fixed number or formula related to the duties for which a  phar-
     9  macist  or  pharmacy  technician  license is required, against which the
    10  chain community pharmacy or its agent measures or evaluates  the  number
    11  of  times an individual pharmacist or pharmacy technician performs tasks
    12  or provides services while on duty.
    13    b. Obtaining a registration.  A  chain  community  pharmacy  shall  be
    14  registered as follows:
    15    (1)  The application shall be made on a form prescribed by the depart-
    16  ment.
    17    (2) The application shall be accompanied by  a  fee  of  one  thousand
    18  dollars.
    19    c. Prohibition of quotas.
    20    (1)  No  chain  community  pharmacy, as defined in paragraph a of this
    21  subdivision, shall establish, implement or enforce any quota related  to
    22  the  duties  for  which  a  pharmacist or pharmacy technician license is
    23  required, including, but not limited to the following duties:
    24    (A) Prescriptions filled.
    25    (B) Services rendered to patients.
    26    (C) Programs offered to patients.
    27    (D) Revenue obtained.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15433-01-2

        A. 10331                            2
 
     1    (2) No chain community pharmacy shall, through its employees, contrac-
     2  tors, or third-parties, communicate the existence of any quota prohibit-
     3  ed pursuant to this subdivision to any pharmacist or pharmacy technician
     4  employed by such chain community pharmacy or with whom such chain commu-
     5  nity pharmacy contracts for services.
     6    d. Exceptions.
     7    (1) Nothing in this subdivision shall prohibit a chain community phar-
     8  macy  from establishing policies and procedures that assist in assessing
     9  the competency and performance of a pharmacist or pharmacy technician in
    10  providing care to patients provided that any such  policy  or  procedure
    11  shall  not include or employ a quota relating to the duties and services
    12  described in subparagraph one of paragraph c of this subdivision.
    13    (2) Nothing in this subdivision shall prohibit a chain community phar-
    14  macy from establishing or implementing a fixed number against which such
    15  chain community pharmacy or its agent measures or evaluates:
    16    (A) The amount of revenue earned by a particular licensed chain commu-
    17  nity pharmacy, provided such number not calculated in  relation  to,  or
    18  measured  by,  the  tasks performed, or services provided by, individual
    19  pharmacists or pharmacy technicians.
    20    (B) The competence,  performance,  or  quality  of  care  provided  to
    21  patients  by  a  pharmacist or pharmacy technician, provided such evalu-
    22  ation does not include an assessment of any of the duties or  activities
    23  described in paragraph c of this subdivision.
    24    (3) Nothing in this subdivision shall prohibit a chain community phar-
    25  macy  from employing any performance metric required by state or federal
    26  regulators, provided such performance metric does not measure or  evalu-
    27  ate  the  duties or activities described in paragraph c of this subdivi-
    28  sion.
    29    § 2. This act shall take effect on the ninetieth day  after  it  shall
    30  have become a law.
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