Bill Text: NY S06488 | 2015-2016 | General Assembly | Introduced

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Bill Title: Establishes under the direction of the state board of pharmacy a drug repository program to accept and dispense donated drug prescriptions; authorizes such board and the commissioner of health to promulgate rules and regulations; makes definitions; exempts such persons or entities who dispense such donated drugs from criminal or tort liability or professional disciplinary action.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-20 - REFERRED TO HIGHER EDUCATION [S06488 Detail]

Download: New_York-2015-S06488-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6488
                    IN SENATE
                                    January 20, 2016
                                       ___________
        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education
        AN ACT to amend the education law, in relation to establishing under the
          direction of the state board of pharmacy a drug repository program  to
          accept and dispense donated prescription drugs
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The education law is amended by adding a new  section  6832
     2  to read as follows:
     3    §  6832.  Repository program; accept and dispense donated prescription
     4  drugs. 1. As used in this section: a. "Hospital" has the same meaning as
     5  in subdivision one of section twenty-eight hundred  one  of  the  public
     6  health law.
     7    b.  "Nonprofit  clinic" means a corporation as defined in subparagraph
     8  five of paragraph (a) of section one hundred two of  the  not-for-profit
     9  corporation  law,  or  any charitable organization not organized and not
    10  operated for profit, that provides health care services to indigent  and
    11  uninsured  persons. "Nonprofit clinic" shall not include a hospital or a
    12  facility as defined in subdivision one of section  twenty-eight  hundred
    13  one of the public health law.
    14    c. "Prescription drug" means any drug to which the following applies:
    15    (1)  Under  the Food, Drug, and Cosmetic Act, 52 Stat. 1040 (1938), 21
    16  U.S.C.A. 301, as amended, the drug is required to bear a label  contain-
    17  ing  the  legend,  "Caution:  Federal  law  prohibits dispensing without
    18  prescription" or "Caution: Federal law restricts this drug to use by  or
    19  on  the  order  of  a  licensed veterinarian" or any similar restrictive
    20  statement, or the drug may be dispensed only upon a prescription.
    21    (2) Under this  article,  the  drug  may  be  dispensed  only  upon  a
    22  prescription.
    23    (3)  Drugs that can only be dispensed to a patient registered with the
    24  drug's manufacturer in accordance with federal Food  and  Drug  Adminis-
    25  tration  requirements  may  not  be  accepted  or  distributed under the
    26  provisions of this section.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04725-01-5