STATE OF NEW YORK
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3539--A
Cal. No. 693
2019-2020 Regular Sessions
IN SENATE
February 8, 2019
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education --
reported favorably from said committee, ordered to first and second
report, amended on second report, ordered to a third reading, and to
be reprinted as amended, retaining its place in the order of third
reading
AN ACT to amend the education law, in relation to the substitution of
brand name epinephrine auto-injectors with alternate epinephrine auto-
injectors for dispensation by pharmacists
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 6816-a of the education law is amended by adding a
2 new subdivision 6 to read as follows:
3 6. (a) Notwithstanding subdivision two of this section or any other
4 section of law to the contrary, when a patient is prescribed a brand
5 name epinephrine auto-injector, a pharmacist may substitute an alternate
6 epinephrine auto-injector containing the same active ingredients, dosage
7 form and strength as the brand name product prescribed, ordered or
8 demanded, regardless of whether the alternate epinephrine auto-injector
9 is included in the latest list of interchangeable drug products for the
10 prescribed epinephrine auto-injector device, provided that:
11 (i) the prescriber does not indicate that the prescription therefor
12 shall be dispensed as written pursuant to paragraph (a) of subdivision
13 six of section sixty-eight hundred ten of this article;
14 (ii) the alternate epinephrine auto-injector available would reflect a
15 lower unit cost to the purchaser;
16 (iii) the pharmacist has advised the purchaser of the availability of
17 an alternate epinephrine auto-injector and obtained consent to dispense
18 the alternate epinephrine auto-injector; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05192-04-9
S. 3539--A 2
1 (iv) the pharmacist has counseled the patient or person authorized to
2 act on the patient's behalf on the proper usage and operating features
3 of the alternate epinephrine auto-injector.
4 (b) For purposes of this subdivision "epinephrine auto-injector" shall
5 have the same meaning as provided in paragraph (b) of subdivision one of
6 section three thousand-c of the public health law.
7 § 2. This act shall take effect immediately.
