Requires manufacturer of nonprescription blood glucose self-testing equipment, devices and supplies to submit to the New York State Board of Pharmacy a comprehensive list of designated suppliers and authorized distributors of nonprescription blood glucose self-testing equipment, devices and supplies; and prohibits pharmacists from distributing nonprescription blood glucose self-testing equipment, devices, and supplies or seeking reimbursement therefor when the pharmacist knows or has reason to know that the equipment did not come through an authorized supplier or distributor.
STATE OF NEW YORK
________________________________________________________________________
5403
2019-2020 Regular Sessions
IN SENATE
April 29, 2019
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Introduced by Sen. BRESLIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to designated suppliers
and authorized distributors of nonprescription blood glucose self-
testing equipment, devices and supplies
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 6808-c
2 to read as follows:
3 § 6808-c. Suppliers and authorized distributors of nonprescription
4 blood glucose self-testing equipment, devices and supplies. 1. As used
5 in this section, "nonprescription blood glucose self-testing equipment,
6 devices and supplies" means blood glucose monitors, continuous glucose
7 monitors (CGM), blood glucose test strips, lancet devices and lancets,
8 glucose control solutions for checking the accuracy of testing equipment
9 and test strips, supply allowance for therapeutic continuous glucose
10 monitors (CGM), including all supplies and accessories for use in the
11 treatment of prediabetic or diabetic individuals that may be sold with-
12 out a prescription and are labeled for use by the consumer in accordance
13 with the requirements of the laws and rules of this state and the feder-
14 al government.
15 2. Within one hundred eighty days of the effective date of this
16 section, each manufacturer of nonprescription blood glucose self-testing
17 equipment, devices and supplies shall submit to the state board of phar-
18 macy a comprehensive list of designated suppliers and authorized
19 distributors of nonprescription blood glucose self-testing equipment,
20 devices and supplies. Such manufacturers shall update the state board of
21 pharmacy when there are any changes to the list of designated suppliers
22 and authorized distributors. Within ninety days of receiving that infor-
23 mation, such board shall post the names of designated suppliers and
24 authorized distributors on the department's website.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11356-01-9
S. 5403 2
1 3. It shall be unprofessional conduct for a pharmacist to:
2 a. dispense nonprescription blood glucose self-testing equipment,
3 devices and supplies received from a person or entity that the pharma-
4 cist knew or reasonably should have known was not a manufacturer's
5 designated supplier or authorized distributor; or
6 b. submit a reimbursement claim for nonprescription blood glucose
7 self-testing equipment, devices and supplies to a pharmaceutical benefit
8 manager, health insurer, government agency, or other third-party payor
9 when the pharmacist knew or reasonably should have known that the
10 diabetes test device was not purchased either directly from the manufac-
11 turer or from the nonprescription blood glucose self-testing equipment,
12 devices and supplies manufacturer's designated supplier or authorized
13 distributor.
14 § 2. This act shall take effect immediately.
