Authorizes a pharmacist to substitute a brand name prescription drug for the generic equivalent of such drug if requested to do so by the patient and record the request.
STATE OF NEW YORK
________________________________________________________________________
1924
2019-2020 Regular Sessions
IN ASSEMBLY
January 18, 2019
___________
Introduced by M. of A. CROUCH, HAWLEY, KOLB -- read once and referred to
the Committee on Consumer Affairs and Protection
AN ACT to amend the education law, in relation to authorizing the
substitution of brand name prescription drugs by a pharmacist
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 6 of section 6810 of the
2 education law, as amended by chapter 590 of the laws of 2011, is amended
3 to read as follows:
4 (a) Every prescription written in this state by a person authorized to
5 issue such prescription shall be on prescription forms containing one
6 line for the prescriber's signature. The prescriber's signature shall
7 validate the prescription. Every electronic prescription shall provide
8 for the prescriber's electronic signature, which shall validate the
9 electronic prescription. Imprinted conspicuously on every prescription
10 written in this state in eight point upper case type immediately below
11 the signature line shall be the words: "THIS PRESCRIPTION WILL BE FILLED
12 GENERICALLY UNLESS PRESCRIBER WRITES 'd a w' IN THE BOX BELOW". Unless
13 the prescriber writes d a w in such box in the prescriber's own hand-
14 writing or, in the case of electronic prescriptions, inserts an elec-
15 tronic direction to dispense the drug as written, the prescriber's
16 signature or electronic signature shall designate approval of substi-
17 tution by a pharmacist of a drug product pursuant to paragraph (o) of
18 subdivision one of section two hundred six of the public health law. No
19 other letters or marks in such box shall prohibit substitution. No
20 prescription forms used or intended to be used by a person authorized to
21 issue a prescription shall have 'd a w' preprinted in such box. Such box
22 shall be placed directly under the signature line and shall be three-
23 quarters inch in length and one-half inch in height, or in comparable
24 form for an electronic prescription as may be specified by regulation of
25 the commissioner. Immediately below such box shall be imprinted in six
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02790-01-9
A. 1924 2
1 point type the words "Dispense As Written". Notwithstanding any other
2 provision of law, no state official, agency, board or other entity shall
3 promulgate any regulation or guideline modifying those elements of the
4 prescription form's contents specified in this subdivision. To the
5 extent otherwise permitted by law, a prescriber may modify only those
6 elements of the prescription form's contents not specified in this
7 subdivision. Notwithstanding any other provision of this section or any
8 other law, when a generic drug is not available and the brand name drug
9 originally prescribed is available and the pharmacist agrees to dispense
10 the brand name product for a price that will not exceed the price that
11 would have been charged for the generic substitute had it been avail-
12 able, substitution of a generic drug product will not be required. If
13 the generic drug product is not available and a medical emergency situ-
14 ation, which for purposes of this section is defined as any condition
15 requiring alleviation of severe pain or which threatens to cause disa-
16 bility or take life if not promptly treated, exists, then the pharmacist
17 may dispense the brand name product at his regular price. In such
18 instances the pharmacist must record the date, hour and nature of the
19 medical emergency on the back of the prescription and keep a copy of all
20 such prescriptions. Notwithstanding any other provision of this
21 section, or of any other law, if a generic drug product is available, a
22 pharmacist may inform the patient that the brand name drug is also
23 available and that the price of such brand name drug will exceed the
24 price of the generic drug product. Upon the request of the patient, the
25 pharmacist may dispense the brand name product at the regular price. In
26 such instances the pharmacist must record the date and hour of the
27 patient request on the back of the prescription and keep a copy of all
28 such prescriptions.
29 § 2. This act shall take effect on the one hundred twentieth day after
30 it shall have become a law. Effective immediately any rule or regulation
31 necessary for the timely implementation of this act on its effective
32 date may be promulgated on or before such date.
