Bill Text: NY A02675 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to pharmaceuticals with an aesthetic or cosmetic use or purpose; authorizes physicians to dispense a certain aesthetic pharmaceutical in excess of the seventy-two hour supply limit generally imposed.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-01-06 - referred to insurance [A02675 Detail]

Download: New_York-2015-A02675-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2675
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2015
                                      ___________
       Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
         Committee on Insurance
       AN ACT to amend the education law, in relation to  pharmaceuticals  with
         an aesthetic or cosmetic use or purpose
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 6802 of the education law is amended  by  adding  a
    2  new subdivision 27 to read as follows:
    3    27. "AESTHETIC PHARMACEUTICAL" MEANS:
    4    A. BIMATOPROST;
    5    B. EFLORNITHINE;
    6    C. FINASTERIDE;
    7    D. FLUOCINOLONE;
    8    E. HYDROQUINONE;
    9    F. TRETINOIN;
   10    G. MINOXIDIL;
   11    H. TAZAROTENE; OR
   12    I. A DRUG THAT:
   13    (1) IS NOT A CONTROLLED SUBSTANCE;
   14    (2) REQUIRES A PRESCRIPTION FOR DISPENSATION;
   15    (3) HAS BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION; AND
   16    (4) IS PRESCRIBED FOR THE ENHANCEMENT OF AN INDIVIDUAL'S APPEARANCE.
   17    S 2. Subparagraph 9 of paragraph a of subdivision 2 of section 6807 of
   18  the  education  law,  as  amended by chapter 538 of the laws of 2001, is
   19  amended and a new subparagraph 10 is added to read as follows:
   20    (9) the dispensing of drugs pursuant to an oncological or AIDS  proto-
   21  col[.]; OR
   22    (10)  THE  DISPENSING  OF AN AESTHETIC PHARMACEUTICAL IN EXCESS OF THE
   23  PATIENT'S IMMEDIATE NEEDS WHEN  DISPENSED  BY  A  PHYSICIAN,  WHERE  THE
   24  PHYSICIAN:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01323-01-5
       A. 2675                             2
    1    I.  INFORMS THE PATIENT THAT THE PRESCRIPTION MAY BE FILLED AT A PHAR-
    2  MACY OR DISPENSED IN THE PHYSICIAN'S OFFICE;
    3    II. DISPENSES ONLY TO THE PHYSICIAN'S PATIENTS; AND
    4    III.  COMPLIES  WITH ALL STATE AND FEDERAL LABELING AND RECORD KEEPING
    5  REQUIREMENTS. A RECORD MAINTAINED UNDER THIS SUBPARAGRAPH MUST BE ACCES-
    6  SIBLE TO THE EXTENT REQUIRED BY STATE AND FEDERAL LAW. A  PHYSICIAN  MAY
    7  CHARGE A FEE FOR DISPENSING AN AESTHETIC PHARMACEUTICAL.
    8    S 3. This act shall take effect immediately.