Assembly Bill A4278A

2015-2016 Legislative Session

Authorizes out of state businesses engaged in the sale of prescriptions and registered with the education department, to deliver prescriptions to users off the premises of such business

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2015-A4278 - Details

See Senate Version of this Bill:
S2661
Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Amd §6810, Ed L

2015-A4278 - Summary

Authorizes out of state businesses engaged in the sale of prescriptions and registered with the education department, to deliver prescriptions to users off the premises of such businesses; provides that patient consent to off premises delivery of prescriptions shall be obtained in the same manner as provided under the federal Medicare Part D program.

2015-A4278 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4278

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2015
                               ___________

Introduced by M. of A. McDONALD -- read once and referred to the Commit-
  tee on Higher Education

AN  ACT  to  amend  the  education  law,  in  relation  to  delivery  of
  prescriptions off premises of a pharmacy

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  second  undesignated  paragraph  of paragraph (a) of
subdivision 2 of section 6810 of the education law, as added by  chapter
413 of the laws of 2014, is amended to read as follows:
  A  pharmacy  registered with the department pursuant to section sixty-
eight hundred eight OR SIXTY-EIGHT HUNDRED EIGHT-B of this  article  may
not  deliver  a  new  or  refilled prescription off premises without the
consent of the patient or an individual authorized  to  consent  on  the
patient's behalf. Consent shall include one of the following:
  (1)  the patient or authorized individual's signature of acceptance of
each prescription delivered;
  (2) the pharmacy may contact the patient or other authorized  individ-
ual  for  consent  to  deliver  and must document consent in the patient
record; or
  (3) for pharmacies  that  administer  refill  reminder  or  medication
adherence  programs  and  deliver  off  premises,  if a signature is not
received on each prescription, then the refill reminder program or medi-
cation adherence program shall be an OPT-IN program that is updated with
patient consent every one hundred eighty days  accompanied  by  a  docu-
mented patient record review by a licensed pharmacist from the providing
pharmacy  and the patient before continuation of medication delivery can
occur.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after October 21, 2014.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08512-01-5

2015-A4278A (ACTIVE) - Details

See Senate Version of this Bill:
S2661
Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Amd §6810, Ed L

2015-A4278A (ACTIVE) - Summary

Authorizes out of state businesses engaged in the sale of prescriptions and registered with the education department, to deliver prescriptions to users off the premises of such businesses; provides that patient consent to off premises delivery of prescriptions shall be obtained in the same manner as provided under the federal Medicare Part D program.

2015-A4278A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4278--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2015
                               ___________

Introduced by M. of A. McDONALD -- read once and referred to the Commit-
  tee 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  delivery  of
  prescriptions off premises of a pharmacy

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  second  undesignated  paragraph  of paragraph (a) of
subdivision 2 of section 6810 of the education law, as added by  chapter
413 of the laws of 2014, is amended to read as follows:
  A  pharmacy  registered with the department pursuant to section sixty-
eight hundred eight OR SIXTY-EIGHT HUNDRED EIGHT-B of this  article  may
not  deliver  a  new  or  refilled prescription off premises without the
consent of the patient or an individual authorized  to  consent  on  the
patient's behalf. [Consent shall include one of the following:
  (1)  the patient or authorized individual's signature of acceptance of
each prescription delivered;
  (2) the pharmacy may contact the patient or other authorized  individ-
ual  for  consent  to  deliver  and must document consent in the patient
record; or
  (3) for pharmacies  that  administer  refill  reminder  or  medication
adherence  programs  and  deliver  off  premises,  if a signature is not
received on each prescription, then the refill reminder program or medi-
cation adherence program shall be an OPT-IN program that is updated with
patient consent every one hundred eighty days  accompanied  by  a  docu-
mented patient record review by a licensed pharmacist from the providing
pharmacy  and the patient before continuation of medication delivery can
occur] FOR THE PURPOSES OF THIS SECTION, CONSENT MAY BE OBTAINED IN  THE
SAME  MANNER AND PROCESS BY WHICH CONSENT IS DEEMED ACCEPTABLE UNDER THE
FEDERAL MEDICARE PART D PROGRAM.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after October 21, 2014.

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

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