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S06449 Summary:

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S06449 Floor Votes:

S06449 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6449--A
 
                    IN SENATE
 
                                    January 24, 2014
                                       ___________
 
        Introduced  by  Sen.  HANNON -- 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 requiring the  consent
          of the patient or an authorized individual to consent on the patient's

          behalf before a prescription is delivered
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 2 of section 6810  of  the  education  law,  as
     2  added by chapter 881 of the laws of 1972, is amended to read as follows:
     3    2.  (a)  A prescription may not be refilled unless it bears a contrary
     4  instruction and indicates on its face the number  of  times  it  may  be
     5  refilled.  A prescription may not be refilled more times than allowed on
     6  the  prescription.  The  date of each refilling must be indicated on the
     7  original prescription. Prescriptions for controlled substances shall  be
     8  refilled only pursuant to article thirty-three of the public health law.
     9    A  pharmacy  registered with the department pursuant to section sixty-

    10  eight hundred eight of this article may not deliver a  new  or  refilled
    11  prescription off premises without the consent of the patient or an indi-
    12  vidual  authorized  to  consent  on  the patient's behalf. Consent shall
    13  include one of the following:
    14    (1) the patient or authorized individual's signature of acceptance  of
    15  each prescription delivered;
    16    (2)  the pharmacy may contact the patient or other authorized individ-
    17  ual for consent to deliver and must  document  consent  in  the  patient
    18  record; or
    19    (3)  for  pharmacies  that  administer  refill  reminder or medication
    20  adherence programs and deliver off  premises,  if  a  signature  is  not
    21  received on each prescription, then the refill reminder program or medi-

    22  cation adherence program shall be an OPT-IN program that is updated with
    23  patient  consent  every  one  hundred eighty days accompanied by a docu-
    24  mented patient record review by a licensed pharmacist from the providing
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11996-06-4
        S. 6449--A                          2
 
     1  pharmacy and the patient before continuation of medication delivery  can
     2  occur.
     3    (b)  Pharmacy  providers  who  deliver  medication  without patient or
     4  authorized individual consent will be required to accept the  return  of

     5  the  medication  from  the  patient, provide that patient credit for any
     6  charges they may have paid, and will be required to destroy those  medi-
     7  cations  sent  without consent on delivery in accordance with applicable
     8  state and federal law. Nothing in this section shall be deemed to inter-
     9  fere with the requirements for refill reminder or  medication  adherence
    10  programs. Nothing in this section is intended to apply to long-term care
    11  pharmacy dispensing and delivery.
    12    §  2.  This act shall take effect immediately; provided, however, that
    13  if this act shall take effect on or after January 1, 2015,  the  commis-
    14  sioner of education shall promulgate any rule or regulation necessary to
    15  implement the provisions of this act on of before January 1, 2015.