Bill Text: NY S03539 | 2019-2020 | General Assembly | Amended

New York Senate Bill 3539 (Prior Session Legislation)

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

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2020-01-08 - REFERRED TO HIGHER EDUCATION [S03539 Detail]

Download: New_York-2019-S03539-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                         3539--A
            Cal. No. 693

                               2019-2020 Regular Sessions

                    IN SENATE

                                    February 8, 2019
                                       ___________

        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Higher  Education  --
          reported  favorably  from  said committee, ordered to first and second
          report, amended on second report, ordered to a third reading,  and  to
          be  reprinted  as  amended,  retaining its place in the order of third
          reading

        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;
    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; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05192-04-9

        S. 3539--A                          2

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