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

New York Assembly Bill 1181 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          1181
                               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 -- Multi-Spon-
          sored by -- M. of A. EPSTEIN, LIFTON, SCHIMMINGER,  SIMON,  WRIGHT  --
          read once and referred to the Committee on Higher Education
        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; and
    16    (iii)  the pharmacist has advised the purchaser of the availability of
    17  an alternate epinephrine auto-injector and obtained consent to  dispense
    18  the alternate epinephrine auto-injector.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05192-01-9

        A. 1181                             2
     1    (b) For purposes of this subdivision "epinephrine auto-injector" shall
     2  have the same meaning as provided in paragraph (b) of subdivision one of
     3  section three thousand-c of the public health law.
     4    § 2. This act shall take effect immediately.