Relates to pharmaceuticals with an aesthetic or cosmetic use or purpose; authorizes physicians to dispense a certain aesthetic pharmaceutical in excess of the seventy-two hour supply limit generally imposed.
STATE OF NEW YORK
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7193
IN SENATE
May 1, 2012
___________
Introduced by Sens. GRISANTI, MAZIARZ -- read twice and ordered printed,
and when printed to be committed to the Committee on Insurance
AN ACT to amend the insurance law and the education law, in relation to
pharmaceuticals with an aesthetic or cosmetic use or purpose
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2341 of the insurance law is amended by adding a
2 new subdivision (c) to read as follows:
3 (c) Other matters that the superintendent may submit to the councils
4 for consideration include, but are not limited to, the extent to which
5 liability insurance rates are affected by non-prescription aesthetic
6 compounds developed without the approval of the federal Food and Drug
7 Administration that are sold as an over-the-counter substitute for an
8 aesthetic pharmaceutical as such term is defined in subdivision twenty-
9 four of section sixty-eight hundred two of the education law.
10 § 2. Section 6802 of the education law is amended by adding a new
11 subdivision 24 to read as follows:
12 24. "Aesthetic pharmaceutical" means:
13 a. bimatoprost;
14 b. eflornithine;
15 c. finasteride;
16 d. fluocinolone;
17 e. hydroquinone;
18 f. tretinoin;
19 g. minoxidil;
20 h. tazarotene; or
21 i. a drug that:
22 (1) is not a controlled substance;
23 (2) requires a prescription for dispensation;
24 (3) has been approved by the federal Food and Drug Administration; and
25 (4) is prescribed for the enhancement of an individual's appearance.
26 § 3. Subparagraph 9 of paragraph a of subdivision 2 of section 6807 of
27 the education law, as amended by chapter 538 of the laws of 2001, is
28 amended and a new subparagraph 10 is added to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15614-01-2
S. 7193 2
1 (9) the dispensing of drugs pursuant to an oncological or AIDS proto-
2 col[.]; or
3 (10) the dispensing of an aesthetic pharmaceutical in excess of the
4 patient's immediate needs when dispensed by a physician, where the
5 physician:
6 i. informs the patient that the prescription may be filled at a phar-
7 macy or dispensed in the physician's office;
8 ii. dispenses only to the physician's patients; and
9 iii. complies with all state and federal labeling and record keeping
10 requirements. A record maintained under this subparagraph must be acces-
11 sible to the extent required by state and federal law. A physician may
12 charge a fee for dispensing an aesthetic pharmaceutical.
13 § 4. This act shall take effect immediately; provided, however that
14 the amendments to section 2341 of the insurance law made by section one
15 of this act shall not affect the expiration of such section and shall be
16 deemed to expire therewith.
