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A11334 Summary:

BILL NOA11334
 
SAME ASNo Same As
 
SPONSORRules (McDonald)
 
COSPNSR
 
MLTSPNSR
 
Amd §6801-a, Ed L; amd §5, Chap 21 of 2011
 
Expands collaborative drug therapy management by pharmacists; makes permanent certain provisions relating to authorizing pharmacists to perform collaborative drug therapy management with physicians in certain settings.
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A11334 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11334
 
                   IN ASSEMBLY
 
                                      May 11, 2026
                                       ___________
 
        Introduced by COMMITTEE ON RULES -- (at request of M. of A. McDonald) --
          read once and referred to the Committee on Higher Education
 
        AN  ACT  to amend the education law, in relation to expanding collabora-
          tive drug therapy management; and to amend chapter 21 of the  laws  of
          2011 amending the education law relating to authorizing pharmacists to
          perform  collaborative  drug  therapy  management  with  physicians in
          certain settings, in relation to the effectiveness thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section   1. Paragraph d of subdivision 1 and subdivision 4 of section
     2  6801-a of the education law, as amended by chapter 238 of  the  laws  of
     3  2015, are amended to read as follows:
     4    d. "Facility" shall mean: (i) a teaching hospital or general hospital,
     5  including  any  diagnostic  center,  treatment center, or hospital-based
     6  outpatient department as defined in section twenty-eight hundred one  of
     7  the public health law; [or] (ii) a nursing home [with an on-site pharma-
     8  cy  staffed  by  a  licensed pharmacist]; (iii) a physician practice; or
     9  (iv) a facility licensed, certified, or otherwise authorized pursuant to
    10  article thirty-one or article thirty-two  of  the  mental  hygiene  law,
    11  provided,  however, for the purposes of this section the term "facility"
    12  shall not  include  dental  clinics,  dental  dispensaries,  residential
    13  health care facilities and rehabilitation centers.
    14    For  the  purposes of this section, a "teaching hospital" shall mean a
    15  hospital licensed pursuant to article twenty-eight of the public  health
    16  law  that  is  eligible  to  receive direct or indirect graduate medical
    17  education payments pursuant to article twenty-eight of the public health
    18  law.
    19    4. The existence of a written agreement or protocol  on  collaborative
    20  drug therapy management and the patient's right to choose to not partic-
    21  ipate in collaborative drug therapy management shall be disclosed to any
    22  patient  who  is  eligible to receive collaborative drug therapy manage-
    23  ment. Collaborative drug therapy management shall not be utilized unless
    24  the patient or the  patient's  authorized  representative  consents,  in
    25  writing,  to such management. If the patient or the patient's authorized
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15789-01-6

        A. 11334                            2
 
     1  representative consents, it shall be  noted  on  the  patient's  medical
     2  record.  If  the  patient or the patient's authorized representative who
     3  consented to collaborative drug therapy management chooses to no  longer
     4  participate  in  such  management, at any time, it shall be noted on the
     5  patient's medical record. Patient consent to participate  in  collabora-
     6  tive  drug therapy management may be obtained through the same process a
     7  facility currently utilizes to  receive  general  written  consent  from
     8  patients  to receive health care services. In addition, the existence of
     9  the written agreement or protocol and  the  patient's  consent  to  such
    10  management shall be disclosed to the patient's primary physician and any
    11  other treating physician or healthcare provider.
    12    §  2. Section 5 of chapter 21 of the laws of 2011, amending the educa-
    13  tion law relating to authorizing pharmacists  to  perform  collaborative
    14  drug  therapy management with physicians in certain settings, as amended
    15  by section 2 of part P of chapter 57 of the laws of 2024, is amended  to
    16  read as follows:
    17    § 5. This act shall take effect on the one hundred twentieth day after
    18  it  shall  have become a law[, provided, however, that the provisions of
    19  sections two, three, and four of this act shall  expire  and  be  deemed
    20  repealed July 1, 2026]; provided, however, that the amendments to subdi-
    21  vision  1  of  section  6801 of the education law made by section one of
    22  this act shall be subject to the expiration and reversion of such subdi-
    23  vision pursuant to section 8 of chapter 563 of the laws  of  2008,  when
    24  upon  such  date  the provisions of section one-a of this act shall take
    25  effect; provided, further, that  effective  immediately,  the  addition,
    26  amendment  and/or  repeal  of  any  rule or regulation necessary for the
    27  implementation of this act on its  effective  date  are  authorized  and
    28  directed to be made and completed on or before such effective date.
    29    § 3. This act shall take effect immediately.
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