Bill Text: NY S04075 | 2011-2012 | General Assembly | Amended

New York Senate Bill 4075 (Prior Session Legislation)

Bill Title: Relates to dispensing by physicians of a pharmaceutical with an aesthetic or cosmetic use or purpose.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO HIGHER EDUCATION [S04075 Detail]

Download: New_York-2011-S04075-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4075--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    March 16, 2011
                                      ___________
       Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
         printed to be committed  to  the  Committee  on  Higher  Education  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee
       AN ACT to amend the education law, in relation to dispensing  by  physi-
         cians of a pharmaceutical 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 23 to read as follows:
    3    23. "AESTHETIC PHARMACEUTICAL" MEANS:
    4    A. BIMATOPROST;
    5    B. A DRUG THAT:
    6    (1) IS NOT A CONTROLLED SUBSTANCE;
    7    (2) REQUIRES A PRESCRIPTION FOR DISPENSATION;
    8    (3) HAS BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION; AND
    9    (4) IS PRESCRIBED FOR THE ENHANCEMENT OF AN INDIVIDUAL'S APPEARANCE.
   10    S 2. Subparagraph 9 of paragraph a of subdivision 2 of section 6807 of
   11  the  education  law,  as  amended by chapter 538 of the laws of 2001, is
   12  amended and a new subparagraph 10 is added to read as follows:
   13    (9) the dispensing of drugs pursuant to an oncological or AIDS  proto-
   14  col[.]; OR
   15    (10)  THE  DISPENSING  OF AN AESTHETIC PHARMACEUTICAL IN EXCESS OF THE
   16  PATIENT'S IMMEDIATE NEEDS WHEN  DISPENSED  BY  A  PHYSICIAN,  WHERE  THE
   17  PHYSICIAN:
   18    I.  INFORMS THE PATIENT THAT THE PRESCRIPTION MAY BE FILLED AT A PHAR-
   19  MACY OR DISPENSED IN THE PHYSICIAN'S OFFICE;
   20    II. DISPENSES ONLY TO THE PHYSICIAN'S PATIENTS; AND
   21    III. COMPLIES WITH ALL STATE AND FEDERAL LABELING AND  RECORD  KEEPING
   22  REQUIREMENTS. A RECORD MAINTAINED UNDER THIS SUBPARAGRAPH MUST BE ACCES-
   23  SIBLE  TO  THE EXTENT REQUIRED BY STATE AND FEDERAL LAW. A PHYSICIAN MAY
   24  CHARGE A FEE FOR DISPENSING AN AESTHETIC PHARMACEUTICAL.
   25    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10228-03-1