STATE OF NEW YORK
________________________________________________________________________
4075--A
2011-2012 Regular Sessions
IN SENATE
March 16, 2011
___________
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the education law, in relation to dispensing by physi-
cians of a pharmaceutical with an aesthetic or cosmetic use or purpose
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 6802 of the education law is amended by adding a
2 new subdivision 23 to read as follows:
3 23. "Aesthetic pharmaceutical" means:
4 a. bimatoprost;
5 b. a drug that:
6 (1) is not a controlled substance;
7 (2) requires a prescription for dispensation;
8 (3) has been approved by the federal Food and Drug Administration; and
9 (4) is prescribed for the enhancement of an individual's appearance.
10 § 2. Subparagraph 9 of paragraph a of subdivision 2 of section 6807 of
11 the education law, as amended by chapter 538 of the laws of 2001, is
12 amended and a new subparagraph 10 is added to read as follows:
13 (9) the dispensing of drugs pursuant to an oncological or AIDS proto-
14 col[.]; or
15 (10) the dispensing of an aesthetic pharmaceutical in excess of the
16 patient's immediate needs when dispensed by a physician, where the
17 physician:
18 i. informs the patient that the prescription may be filled at a phar-
19 macy or dispensed in the physician's office;
20 ii. dispenses only to the physician's patients; and
21 iii. complies with all state and federal labeling and record keeping
22 requirements. A record maintained under this subparagraph must be acces-
23 sible to the extent required by state and federal law. A physician may
24 charge a fee for dispensing an aesthetic pharmaceutical.
25 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10228-03-1
