Bill Text: NY A01181 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to the substitution of brand name epinephrine auto-injectors with alternate epinephrine auto-injectors in certain cases.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-01-08 - referred to higher education [A01181 Detail]

Download: New_York-2019-A01181-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1181--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2019
                                       ___________

        Introduced  by  M. of A. ABINANTI, BUCHWALD, D'URSO, SANTABARBARA, DICK-
          ENS, ARROYO, GOTTFRIED, SEAWRIGHT, BYRNE, LAWRENCE, BRABENEC, B. MILL-
          ER,  GIGLIO,  FITZPATRICK,  MALLIOTAKIS,  MORINELLO,  CROUCH,   JOHNS,
          NORRIS, M. L. MILLER, WALSH, RAIA, GALEF, STECK, STERN, BURKE, SAYEGH,
          PAULIN,  ZEBROWSKI,  BUTTENSCHON,  ORTIZ,  ASHBY, JACOBSON, MONTESANO,
          PICHARDO, GUNTHER, McMAHON -- Multi-Sponsored by -- M. of A.  DeSTEFA-
          NO,  EPSTEIN,  HAWLEY, LIFTON, SCHIMMINGER, SIMON, WRIGHT -- read once
          and referred  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 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;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05192-05-9
        A. 1181--A                          2

     1    (iii)  the pharmacist has advised the purchaser of the availability of
     2  an alternate epinephrine auto-injector and obtained consent to  dispense
     3  the alternate epinephrine auto-injector; and
     4    (iv)  the pharmacist has counseled the patient or person authorized to
     5  act on the patient's behalf on the proper usage and  operating  features
     6  of the alternate epinephrine auto-injector.
     7    (b) For purposes of this subdivision "epinephrine auto-injector" shall
     8  have the same meaning as provided in paragraph (b) of subdivision one of
     9  section three thousand-c of the public health law.
    10    § 2. This act shall take effect immediately.