Directs the department of health to create a prescription drug inventory database that contains a list of all drugs designated as being currently in shortage by the federal food and drug administration's drug shortages database, and a list of pharmacies in the state where each such drug is currently in stock.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A523
SPONSOR: Steck TITLE OF BILL:
An act to amend the public health law, in relation to directing the
department of health to create a prescription drug inventory database
PURPOSE:
To establish an electronic prescription drug inventory for the use of
prescribers and pharmacists to ensure that of FDA-identified drugs in
shortage can be found for patients rather than patients calling pharma-
cies to find them
SUMMARY OF PROVISIONS:
Section 1. The public health law is amended by adding a new section
278-b to read as follows:
§ 278-b. Prescription drug inventory database. 1. The department shall
create and maintain an online searchable database that contains a list
of all drugs currently in shortage, and a list of pharmacies in the
state where each such drug is currently in stock.
2. The department shall make the database accessible only to licensed
physicians and pharmacists, and shall authorize only licensed pharma-
cists to update inventory levels of drugs currently in shortage, as
listed in the database. Each pharmacy shall update its inventory levels
of all drugs currently in shortage, as listed in the database, at least
weekly.
3. The department shall be authorized to promulgate any rules and/or
regulations necessary to implement the provisions of this section.
4.Definitions
§ 2. Effective date
JUSTIFICATION:
In recent years, the availability of certain prescription drugs has been
compromised for a combination of reasons: consolidation of manufactur-
ers, lack of available ingredients, increased demand, labor shortages,
and supply-chain disruptions. The United States Food and Drug Adminis-
tration keeps a list of those shortages, as does the New York State
Department of Health. Though these shortages are well-tracked, there is
no mechanism that indicates which pharmacy has supply and which do not.
This has resulted in patients calling from pharmacy to pharmacy trying
to find their medication, and even if they do find a pharmacy with it in
stock, they must then get the prescription sent over to that pharmacy in
time. This has resulted in patients being unable to obtain their medica-
tions in timely manner, if at all.
This legislation creates an online inventory where doctors and pharma-
cists alike can locate which pharmacy has a supply for a medication that
is on the drug shortage list or fund a supply of a reasonable substi-
tute.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
TBD
EFFECTIVE DATE:
Effective immediately.
STATE OF NEW YORK
________________________________________________________________________
523
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to directing the
department of health to create a prescription drug inventory database
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 278-b to read as follows:
3 § 278-b. Prescription drug inventory database. 1. The department shall
4 create and maintain an online searchable database that contains a list
5 of all drugs currently in shortage, and a list of pharmacies in the
6 state where each such drug is currently in stock.
7 2. The department shall make the database accessible only to licensed
8 physicians and pharmacists, and shall authorize only licensed pharma-
9 cists to update inventory levels of drugs currently in shortage, as
10 listed in the database. Each pharmacy shall update its inventory levels
11 of all drugs currently in shortage, as listed in the database, at least
12 weekly.
13 3. The department shall be authorized to promulgate any rules and/or
14 regulations necessary to implement the provisions of this section.
15 4. For the purposes of this section, the following terms shall have
16 the following meanings:
17 (a) "Database" shall mean the database created pursuant to subdivision
18 one of this section.
19 (b) "Drugs currently in shortage" shall mean drugs designated as being
20 currently in shortage by the federal food and drug administration's drug
21 shortages database.
22 (c) "Pharmacist" shall mean a person licensed as a pharmacist pursuant
23 to article one hundred thirty-seven of the education law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00681-01-5
A. 523 2
1 (d) "Pharmacy" shall mean an establishment registered as a pharmacy
2 pursuant to section sixty-eight hundred eight of the education law.
3 (e) "Physician" shall mean a person licensed as a physician pursuant
4 to article one hundred thirty-one of the education law.
5 § 2. This act shall take effect immediately.
