STATE OF NEW YORK
________________________________________________________________________
2397
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
___________
Introduced by M. of A. PICHARDO -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the education law, in relation to creating the topical
medication safety and efficacy act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "topical medication safety and efficacy act."
3 § 2. Legislative findings and intent. The legislature recognizes that
4 medicine is an important and ever-changing field marked by constant
5 advances in knowledge and methods. Modern pharmaceutical research has
6 expanded the ability of physicians to heal their patients, but these new
7 discoveries require not just new chemical compounds, but also occa-
8 sionally require new methods of administering treatments and distribut-
9 ing medicines to patients. For some topically applied medications, the
10 safety and efficacy of the treatments are enhanced when patients can
11 obtain their medicines directly from their physicians and immediately
12 learn correct application techniques under the doctor's supervision.
13 This is especially true in the case of medications used to treat skin
14 discoloration affecting people of color. Due to the sensitivity of the
15 skin and eyes, patients often require additional guidance from physi-
16 cians in the proper administration of treatments, and this method of
17 instruction coupled with dispensing by physicians currently helps
18 millions of patients around the country. Unfortunately, New York state
19 law has failed to similarly keep pace with medical developments, and New
20 York is one of only five states in the nation that prohibits the
21 dispensing of medications by physicians. This has resulted in certain
22 medications not being as accessible to New York patients as they are in
23 other states, keeping some patients away from desired treatments, and
24 driving others out of state to obtain treatment.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06347-01-9
A. 2397 2
1 § 3. Section 6802 of the education law is amended by adding a new
2 subdivision 29 to read as follows:
3 29. "Topical pharmaceutical" means:
4 a. Bimatoprost;
5 b. Hydroquinone;
6 c. Metronidazole;
7 d. Tretinoin;
8 e. Imiquimod;
9 f. Acyclovir; or
10 g. a drug that:
11 (1) is not a controlled substance;
12 (2) requires a prescription for dispensation;
13 (3) has been registered with or approved by the federal food and drug
14 administration; and
15 (4) is prescribed for the skin, the treatment of a skin condition, or
16 the enhancement of an individual's appearance.
17 § 4. Subparagraph 9 of paragraph a of subdivision 2 of section 6807 of
18 the education law, as amended by chapter 538 of the laws of 2001, is
19 amended and a new subparagraph 10 is added to read as follows:
20 (9) the dispensing of drugs pursuant to an oncological or AIDS proto-
21 col[.]; or
22 (10) the dispensing of a topical pharmaceutical in excess of the
23 patient's immediate needs when dispensed by a licensed prescriber, where
24 the licensed prescriber:
25 i. to the extent a topical pharmaceutical is available at a pharmacy,
26 informs the patient that the prescription may be filled at a pharmacy or
27 dispensed in the licensed prescriber's office;
28 ii. dispenses only to the licensed prescriber's patients;
29 iii. believes that dispensing would improve the safety and efficacy of
30 the drug or compliance with treatment by that patient; and
31 iv. complies with all state and federal labeling and record keeping
32 requirements applicable to the topical pharmaceutical. A record main-
33 tained under this subparagraph must be accessible to the extent required
34 by state and federal law. A licensed prescriber may charge a fee for
35 dispensing a topical pharmaceutical.
36 § 5. This act shall take effect immediately.