STATE OF NEW YORK
________________________________________________________________________
1813
2019-2020 Regular Sessions
IN SENATE
January 16, 2019
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law and the education law, in relation
to the dispensing of partially filled prescriptions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3333 of the public health law is amended by adding
2 a new subdivision 6 to read as follows:
3 6. At the request of the prescriber or the patient, a prescription for
4 a schedule II, schedule III or schedule IV controlled substance may be
5 partially filled within thirty days from the date of issuance of the
6 prescription. The remaining quantity of the prescription may be
7 dispensed separately within thirty days from the date of issue of the
8 prescription, provided that the controlled substance was used in
9 conformity with directions for use and consistent with applicable feder-
10 al regulations and regulations of the commissioner.
11 § 2. Paragraph a of subdivision 1 of section 6816 of the education
12 law, as amended by chapter 710 of the laws of 1988, is amended to read
13 as follows:
14 a. Any person, who, in putting up any drug, medicine, or food or prep-
15 aration used in medical practice, or making up any prescription, or
16 filling any order for drugs, medicines, food or preparation puts any
17 untrue label, stamp or other designation of contents upon any box,
18 bottle or other package containing a drug, medicine, food or preparation
19 used in medical practice, or substitutes or dispenses a different arti-
20 cle for or in lieu of any article prescribed, ordered, or demanded,
21 except where required pursuant to section sixty-eight hundred sixteen-a
22 of this article, or puts up a greater or lesser quantity of any ingredi-
23 ent specified in any such prescription, order or demand than that
24 prescribed, ordered or demanded, except where required pursuant to para-
25 graph (g) of subdivision two of section three hundred sixty-five-a of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07733-01-9
S. 1813 2
1 the social services law or allowed pursuant to section thirty-three
2 hundred thirty-three of the public health law, or otherwise deviates
3 from the terms of the prescription, order or demand by substituting one
4 drug for another, except where required pursuant to section sixty-eight
5 hundred sixteen-a of this article, is guilty of a misdemeanor; provided,
6 however, that except in the case of physicians' prescriptions, nothing
7 herein contained shall be deemed or construed to prevent or impair or in
8 any manner affect the right of an apothecary, druggist, pharmacist or
9 other person to recommend the purchase of an article other than that
10 ordered, required or demanded, but of a similar nature, or to sell such
11 other article in place or in lieu of an article ordered, required or
12 demanded, with the knowledge and consent of the purchaser. Upon a second
13 conviction for a violation of this section the offender must be
14 sentenced to the payment of a fine not to exceed one thousand dollars
15 and may be sentenced to imprisonment for a term not to exceed one year.
16 The third conviction of a violation of any of the provisions of this
17 section, in addition to rendering the offender liable to the penalty
18 prescribed by law for a second conviction, shall forfeit any right which
19 he may possess under the law of this state at the time of such
20 conviction, to engage as proprietor, agent, employee or otherwise, in
21 the business of an apothecary, pharmacist, or druggist, or to compound,
22 prepare or dispense prescriptions or orders for drugs, medicines or
23 foods or preparations used in medical practice; and the offender shall
24 be by reason of such conviction disqualified from engaging in any such
25 business as proprietor, agent, employee or otherwise or compounding,
26 preparing or dispensing medical prescriptions or orders for drugs, medi-
27 cines, or foods or preparations used in medical practice.
28 § 3. This act shall take effect on the first of January next succeed-
29 ing the date upon which it shall have become a law. Effective immediate-
30 ly the addition, amendment and/or repeal of any rule or regulation
31 necessary for the implementation of this act on its effective date are
32 authorized to be made on or before such date.
