Bill Text: NY A05571 | 2013-2014 | General Assembly | Introduced

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Bill Title: Enacts the topical medication safety and efficacy act.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2013-12-06 - enacting clause stricken [A05571 Detail]

Download: New_York-2013-A05571-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5571
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 1, 2013
                                      ___________
       Introduced  by M. of A. GIBSON, STEVENSON -- Multi-Sponsored by -- M. of
         A. ARROYO, PERRY, WEISENBERG -- read once and referred to the  Commit-
         tee on Higher Education
       AN  ACT  to amend the education law, in relation to enacting the topical
         medication safety and efficacy act
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.   Short title. This act shall be known and may be cited as
    2  the "topical medication safety and efficacy act".
    3    S 2.  Legislative findings and intent. The legislature recognizes that
    4  medicine is an important and  ever-changing  field  marked  by  constant
    5  advances  in  knowledge  and methods. Modern pharmaceutical research has
    6  expanded the ability of physicians to heal their patients, but these new
    7  discoveries require not just new  chemical  compounds,  but  also  occa-
    8  sionally  require new methods of administering treatments and distribut-
    9  ing medicines to patients. For some topically applied  medications,  the
   10  safety  and  effectiveness  of these treatments are enhanced for certain
   11  patients by learning correct application techniques under a  physician's
   12  supervision,  and  through  the ability of such patients to obtain their
   13  medicines directly from their physicians.
   14    The  legislature  further  finds  that  this  benefit  is   especially
   15  pronounced  in  the case of medications used to treat skin discoloration
   16  affecting people of color and pregnant women, as well as medication used
   17  to help cancer patients prevent eye injuries by restoring eyelashes lost
   18  as a side effect of chemotherapy. In these cases, the sensitivity of the
   19  skin and eyes means that patients often require additional guidance from
   20  physicians in  the  proper  administration  of  treatments,  which  help
   21  millions of patients around the country. Because New York is one of only
   22  three  states in the nation that prohibits the dispensing of medications
   23  by physicians, certain medicines are not available to New York  patients
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08710-01-3
       A. 5571                             2
    1  as  they  are  in  other states, restricting patients' access to desired
    2  treatments, and driving many out-of-state to obtain treatment.
    3    S  3.  Section  6802  of  the education law is amended by adding a new
    4  subdivision 24 to read as follows:
    5    24. "AESTHETIC PHARMACEUTICAL" MEANS:
    6    A. BIMATOPROST;
    7    B. HYDROQUINONE;
    8    C. METRONIDAZOLE;
    9    D. TRETINOIN; OR
   10    E. A DRUG THAT:
   11    (1) IS NOT A CONTROLLED SUBSTANCE;
   12    (2) REQUIRES A PRESCRIPTION FOR DISPENSATION;
   13    (3) HAS BEEN REGISTERED WITH OR APPROVED BY THE FEDERAL FOOD AND  DRUG
   14  ADMINISTRATION; AND
   15    (4)  IS  PRESCRIBED FOR THE SKIN, THE TREATMENT OF CERTAIN SKIN CONDI-
   16  TIONS, OR THE ENHANCEMENT OF AN INDIVIDUAL'S APPEARANCE.
   17    S 4. 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 TO THE PRESCRIBER'S
   23  PATIENTS WHERE THE PRESCRIBER BELIEVES THAT DISPENSING WOULD IMPROVE THE
   24  SAFETY AND EFFICACY OF THE DRUG FOR THAT PATIENT, AND, TO THE EXTENT  AN
   25  AESTHETIC PHARMACEUTICAL IS AVAILABLE AT A PHARMACY, INFORMS THE PATIENT
   26  THAT  THE  PRESCRIPTION  MAY BE FILLED AT A PHARMACY OR DISPENSED IN THE
   27  PRESCRIBER'S OFFICE. A PRESCRIBER MAY CHARGE A  FEE  FOR  DISPENSING  AN
   28  AESTHETIC PHARMACEUTICAL.
   29    S 5. This act shall take effect immediately.