Bill Text: NY A02991 | 2015-2016 | General Assembly | Introduced

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Bill Title: Prohibits a pharmacist from substituting any anti-epileptic drug for the prescribed anti-epileptic drug without notification of and the informed consent of the prescriber and patient or such patient's parent, guardian or spouse.

Spectrum: Slight Partisan Bill (Democrat 12-5)

Status: (Introduced - Dead) 2016-01-06 - referred to higher education [A02991 Detail]

Download: New_York-2015-A02991-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2991
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2015
                                      ___________
       Introduced  by  M.  of  A.  AUBRY, ROSENTHAL, BENEDETTO, CLARK, SCHIMEL,
         JAFFEE -- Multi-Sponsored by -- M.  of  A.  BRENNAN,  CAHILL,  COLTON,
         DUPREY,  KOLB,  LOPEZ, MARKEY, McLAUGHLIN, PERRY, RIVERA, SCARBOROUGH,
         TEDISCO, THIELE -- read once and referred to the Committee  on  Higher
         Education
       AN ACT to amend the public health law and the education law, in relation
         to  requiring notification of and the informed consent of the prescri-
         ber and the patient prior to the substitution of a prescribed anti-ep-
         ileptic drug
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.   The public health law is amended by adding a new section
    2  3346 to read as follows:
    3    S 3346. ANTI-EPILEPTIC DRUG PRODUCT SELECTION PROHIBITED. 1.  AS  USED
    4  IN THIS SECTION:
    5    (A) "ANTI-EPILEPTIC DRUG" MEANS (I) ANY DRUG PRESCRIBED FOR THE TREAT-
    6  MENT OF EPILEPSY OR (II) A DRUG USED TO TREAT OR PREVENT SEIZURES.
    7    (B)  "EPILEPSY" MEANS A NEUROLOGICAL CONDITION CHARACTERIZED BY RECUR-
    8  RENT SEIZURES.
    9    (C) "SEIZURE" MEANS AN ACUTE CLINICAL  CHANGE  SECONDARY  TO  A  BRIEF
   10  DISTURBANCE IN THE ELECTRICAL ACTIVITY OF THE BRAIN.
   11    (D)  "INTERCHANGE"  MEANS  THE SUBSTITUTION OF ONE VERSION OF THE SAME
   12  ANTI-EPILEPTIC THERAPEUTIC PRODUCT, INCLUDING A GENERIC VERSION FOR  THE
   13  PRESCRIBED  BRAND, A BRAND VERSION FOR THE PRESCRIBED GENERIC VERSION, A
   14  GENERIC VERSION BY ONE MANUFACTURER FOR A GENERIC VERSION BY A DIFFERENT
   15  MANUFACTURER, A DIFFERENT FORMULATION OF THE  PRESCRIBED  ANTI-EPILEPTIC
   16  DRUG  OR  A  DIFFERENT  ANTI-EPILEPTIC  THERAPEUTIC DRUG PRODUCT FOR THE
   17  ANTI-EPILEPTIC PRODUCT ORIGINALLY PRESCRIBED.
   18    2. NO PHARMACIST SHALL INTERCHANGE AN ANTI-EPILEPTIC  DRUG  OR  FORMU-
   19  LATION OF AN ANTI-EPILEPTIC DRUG, BRAND OR GENERIC, FOR THE TREATMENT OF
   20  EPILEPTIC  SEIZURES  WITHOUT  THE  PRIOR  NOTIFICATION OF AND THE SIGNED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07631-01-5
       A. 2991                             2
    1  INFORMED CONSENT OF SUCH INTERCHANGE FROM THE PRESCRIBING PHYSICIAN  AND
    2  THE PATIENT, OR THE PATIENT'S PARENT, LEGAL GUARDIAN OR SPOUSE.
    3    S  2.  The opening paragraph of subdivision 1 of section 6816-a of the
    4  education law, as added by chapter 776 of the laws of 1977,  is  amended
    5  to read as follows:
    6    [A]  EXCEPT  AS  PROVIDED IN SECTION THIRTY-THREE HUNDRED FORTY-SIX OF
    7  THE PUBLIC HEALTH LAW, A pharmacist shall substitute  a  less  expensive
    8  drug  product  containing  the  same active ingredients, dosage form and
    9  strength as the drug product prescribed, ordered or  demanded,  provided
   10  that the following conditions are met:
   11    S 3. This act shall take effect immediately.