S08365 Summary:

BILL NOS08365
 
SAME ASSAME AS A11627
 
SPONSORDUANE
 
COSPNSR
 
MLTSPNSR
 
Amd S21, Pub Health L; amd S6810, add S6829, Ed L
 
Relates to prescription forms and labels; requires interpretation services by chain pharmacies for patients with limited English proficiency.
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S08365 Actions:

BILL NOS08365
 
06/25/2010REFERRED TO RULES
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S08365 Floor Votes:

There are no votes for this bill in this legislative session.
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S08365 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8365
 
                    IN SENATE
 
                                      June 25, 2010
                                       ___________
 
        Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the public health law and the education law, in relation
          to prescription forms and labels, interpretation services and patients
          with limited English proficiency
 
          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 section 21 of the public health
     2  law is designated subdivision 1 and a new subdivision 2 is added to read
     3  as follows:
     4    2.  The  commissioner  shall  promulgate  regulations  requiring  that
     5  prescription  forms  and electronic prescriptions include: (a) a section
     6  wherein prescribers must  indicate  whether  an  individual  is  limited
     7  English  proficient;  and  (b)  if the patient is limited English profi-
     8  cient, a line where the prescriber shall specify the preferred  language
     9  indicated  by  the  patient.  For  the  purposes  of this subdivision, a
    10  "limited English proficient individual" means an individual who  identi-
    11  fies  as  being, or is evidently, unable to speak, read or write English

    12  at a level that permits such individual to understand health-related and
    13  pharmaceutical information communicated in English.
    14    § 2. Subdivision 1 of section 6810 of the education law, as amended by
    15  chapter 905 of the laws of 1985, is amended to read as follows:
    16    1. No drug for which a prescription is required by the  provisions  of
    17  the Federal Food, Drug and Cosmetic Act or by the commissioner of health
    18  shall   be  distributed  or  dispensed  to  any  person  except  upon  a
    19  prescription written by  a  person  legally  authorized  to  issue  such
    20  prescription.  Such  drug shall be compounded or dispensed by a licensed
    21  pharmacist, and no such drug shall be dispensed without affixing to  the
    22  immediate container in which the drug is sold or dispensed a label bear-
    23  ing  the  name and address of the owner of the establishment in which it

    24  was dispensed, the date compounded, the number of the prescription under
    25  which it is recorded in the pharmacist's prescription files, the name of
    26  the prescriber, the name and address of the patient, and the  directions
    27  for  the  use of the drug by the patient as given upon the prescription.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17857-01-0

        S. 8365                             2
 
     1  All labels shall conform to such rules and regulations as promulgated by
     2  the state board of pharmacy  pursuant  to  section  sixty-eight  hundred
     3  twenty-nine  of  this  article. The prescribing and dispensing of a drug

     4  which  is a controlled substance shall be subject to additional require-
     5  ments provided in article thirty-three of the public health  law.    The
     6  words "drug" and "prescription required drug" within the meaning of this
     7  article  shall  not be construed to include soft or hard contact lenses,
     8  eyeglasses, or any other device for the aid  or  correction  of  vision.
     9  Nothing  in  this subdivision shall prevent a pharmacy from furnishing a
    10  drug to another pharmacy which does not have such drug in stock for  the
    11  purpose of filling a prescription.
    12    § 3. The education law is amended by adding a new section 6829 to read
    13  as follows:
    14    § 6829. Improve patient safety through interpretation requirements for
    15  prescription  drugs  and  standardized medication labeling.   1. For the

    16  purposes of this section, the following terms shall have  the  following
    17  meanings:  (a)  "Chain  pharmacy"  means  any pharmacy that is part of a
    18  group of four or more establishments that (i) conduct business under the
    19  same business name or (ii) operate under common ownership or  management
    20  or pursuant to a franchise agreement with the same franchisor.
    21    (b)  "Limited English proficient individual" or "LEP individual" means
    22  an individual who identifies as being, or is evidently, unable to speak,
    23  read or write English at a level that permits such individual to  under-
    24  stand  health-related  and  pharmaceutical  information  communicated in
    25  English.
    26    (c) "Translate" shall mean the conversion of a written text  from  one

    27  language into an equivalent written text in another language by an indi-
    28  vidual competent to do so and utilizing all necessary pharmaceutical and
    29  health-related terminology.
    30    (d)  "Competent oral interpretation" means oral communication in which
    31  (i) a person acting as an interpreter comprehends a spoken  message  and
    32  re-expresses  that message accurately in another language, utilizing all
    33  necessary pharmaceutical  and  health-related  terminology;  or  (ii)  a
    34  bilingual  pharmacy  staff  member communicates proficiently with an LEP
    35  individual in the LEP individual's primary language utilizing all neces-
    36  sary pharmaceutical and health-related terminology.
    37    (e) "Pharmacy primary languages" shall mean the  top  seven  languages

    38  spoken  by LEP individuals in this state as determined biennially by the
    39  state board of pharmacy based on data  from  the  most  recent  American
    40  Community  Survey  from the U.S.   Census Bureau and other relevant data
    41  sources.
    42    2. (a) Every chain pharmacy shall provide free, competent oral  inter-
    43  pretation services to each LEP individual filling a prescription at such
    44  chain pharmacy in the LEP individual's primary language for the purposes
    45  of  counseling such individual about his or her prescription medications
    46  or when soliciting information necessary to maintain a  patient  medica-
    47  tion  profile,  unless  the  LEP  individual is offered and refuses such
    48  services.

    49    (b) Every chain pharmacy shall provide free, competent oral  interpre-
    50  tation of prescription medication labels, warning labels and other writ-
    51  ten material to each LEP individual filling a prescription at such chain
    52  pharmacy, unless the LEP individual is offered and refuses such services
    53  or the medication label, warning labels and other written materials have
    54  already been translated into the language spoken by the LEP individual.
    55    (c)  The  services required by this section may be provided by a staff
    56  member of the pharmacy or a third-party contractor. Such  services  must

        S. 8365                             3
 
     1  be  provided on an immediate basis but need not be provided in-person or

     2  face-to-face in order to meet the requirements of this section.
     3    3.  Every  chain  pharmacy shall conspicuously post, at or adjacent to
     4  each counter over which prescription drugs are sold, a  notification  of
     5  the  right  to  free  language  assistance  services for limited English
     6  proficient individuals as  provided  for  in  subdivision  two  of  this
     7  section.  Such  notifications  shall be provided in the pharmacy primary
     8  languages. The size, style and placement of such notice shall be  deter-
     9  mined in accordance with rules promulgated by the state board of pharma-
    10  cy.
    11    4. (a) The state board of pharmacy shall develop rules and regulations
    12  requiring  a  standardized, patient-centered, prescription drug label to

    13  be used on all prescription  medicine  dispensed  to  patients  in  this
    14  state.
    15    (b) When developing the requirements for prescription drug labels, the
    16  state board of pharmacy shall consider factors including, but not limit-
    17  ed to, the following:
    18    (i)  medical  literacy  research  that points to increased understand-
    19  ability of labels;
    20    (ii) improved directions for use;
    21    (iii) improved font types and sizes;
    22    (iv) placement of information that is patient-centered;
    23    (v) the needs of senior citizens.
    24    To ensure maximum public comment, the state board  of  pharmacy  shall
    25  hold  public  meetings  to  seek  information  from  groups representing

    26  consumers, seniors, pharmacists  or  the  practice  of  pharmacy,  other
    27  health care professionals, and other interested parties.
    28    (c)  Two  hundred  seventy  days after the state board of pharmacy has
    29  issued its final rules and regulations regarding standardized,  patient-
    30  centered  prescription medication labels, chain pharmacies shall provide
    31  free, competent translated medication  labels  to  each  LEP  individual
    32  filling  a  prescription  at  such  chain pharmacy who speaks one of the
    33  pharmacy primary languages. Nothing in this  section  shall  prohibit  a
    34  chain  pharmacy from providing translated medication labels in languages
    35  in addition to the pharmacy primary languages. The chain pharmacy  shall

    36  provide  free, competent oral interpretation of medication labels to LEP
    37  individuals who do not speak one  of  the  pharmacy  primary  languages,
    38  unless the LEP individual is offered and refuses such services.
    39    §  4. This act shall take effect one year after it shall become a law;
    40  provided, however, that the commissioner of health, the commissioner  of
    41  education and the state board of pharmacy are immediately authorized and
    42  directed  to  take actions necessary to implement this act when it takes
    43  effect.
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