STATE OF NEW YORK
________________________________________________________________________
8101--B
2009-2010 Regular Sessions
IN ASSEMBLY
May 4, 2009
___________
Introduced by M. of A. NOLAN -- read once and referred to the Committee
on Higher Education -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Higher Education in accordance with Assembly Rule
3, sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the education law and the public health law, in relation
to providing public notice of the education department professional
misconduct complaint process relating to pharmacies
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 6826 of the education law, as
2 amended by chapter 293 of the laws of 2005, is amended and a new subdi-
3 vision 4-a is added to read as follows:
4 4. Pharmacies shall have a sign notifying people of both: (a) the
5 availability of the drug retail price list and the availability of the
6 department of health prescription drug retail price list database and
7 the web address of that database, and (b) the jurisdiction of the
8 department to accept and investigate complaints about alleged profes-
9 sional misconduct, including the prescription dispensing process, coun-
10 seling related issues and licensure issues. Each such sign shall be
11 conspicuously posted at or adjacent to the place in the pharmacy where
12 prescriptions are presented for compounding and dispensing, in the wait-
13 ing area for customers, or in the area where prescribed drugs are deliv-
14 ered.
15 4-a. The notice required pursuant to paragraph (b) of subdivision four
16 of this section shall include the telephone number, internet web address
17 and electronic mail address of the department. Provided, further, that
18 the provisions of such paragraph shall not apply to any pharmacy in a
19 hospital or residential health care facility, as defined in section
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05260-10-0
A. 8101--B 2
1 twenty-eight hundred one of the public health law, which dispenses drugs
2 to patients admitted to such hospital or facility.
3 § 2. Section 276-a of the public health law is amended by adding a new
4 subdivision 3-a to read as follows:
5 3-a. The prescription drug retail price list database posted on the
6 department's internet website shall include a notice on the jurisdiction
7 of the education department to accept and investigate complaints about
8 alleged professional misconduct by pharmacists and pharmacies, including
9 the prescription drug dispensing process, counseling related issues and
10 licensure issues, as required by paragraph (b) of subdivision four of
11 section sixty-eight hundred twenty-six of the education law.
12 § 3. This act shall take effect on the one hundred eightieth day after
13 it shall have become a law.
