STATE OF NEW YORK
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5392--A
2013-2014 Regular Sessions
IN SENATE
May 16, 2013
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Introduced by Sen. LAVALLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education -- recom-
mitted to the Committee on Higher Education in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to conditions of regis-
tration for nonresident 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 6808-b of the education law, as
2 amended by chapter 567 of the laws of 2002, paragraph f as amended by
3 section 6 of part D of chapter 60 of the laws of 2014, is amended to
4 read as follows:
5 4. Conditions of registration. As a condition of registration, a
6 nonresident establishment shall comply with the following requirements:
7 a. Be licensed and/or registered and in good standing with the state
8 of residence;
9 b. A nonresident establishment that is a pharmacy shall be under the
10 immediate supervision and management of a pharmacist with a valid New
11 York state license at all hours when open;
12 c. Maintain, in readily retrievable form, records of drugs and/or
13 devices shipped into this state;
14 [c.] d. Supply, upon request, all information needed by the department
15 to carry out the department's responsibilities under the laws and rules
16 and regulations pertaining to nonresident establishments;
17 [d.] e. Comply with all statutory and regulatory requirements of the
18 state where the nonresident establishment is located, for prescription
19 drugs or devices shipped, mailed or delivered into this state, except
20 that for controlled substances shipped, mailed or delivered into this
21 state, the nonresident pharmacy shall follow federal law and New York
22 law relating to controlled substances;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10622-04-4
S. 5392--A 2
1 [e.] f. The application shall be made in the manner and form
2 prescribed by the department;
3 [f.] g. The application of establishments to be registered as a
4 manufacturer, wholesaler or outsourcing facility of drugs and/or devices
5 shall be accompanied by a fee as provided in section sixty-eight hundred
6 eight of this article; and
7 [g.] h. The application of establishments to be registered as a
8 nonresident pharmacy shall be accompanied by a fee of three hundred
9 forty-five dollars and shall be renewed triennially at a fee of two
10 hundred sixty dollars.
11 § 2. This act shall take effect immediately.
