Assembly Bill A8612A

Signed By Governor
2013-2014 Legislative Session

Requires pharmacies to contact a patient or the patient's caregiver before refilling prescriptions

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Sponsored By

Archive: Last Bill Status Via S6449 - Signed by Governor


  • 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

co-Sponsors

multi-Sponsors

2013-A8612 - Details

See Senate Version of this Bill:
S6449
Law Section:
Education Law
Laws Affected:
Amd §6810, Ed L

2013-A8612 - Summary

Requires pharmacies to contact a patient or the patient's caregiver before delivering prescriptions.

2013-A8612 - Bill Text download pdf

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

                                  8612

                          I N  A S S E M B L Y

                            January 28, 2014
                               ___________

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 requiring the consent
  of the patient or an authorized individual to consent on the patient's
  behalf before a prescription is delivered

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

  Section  1.  Subdivision  2  of  section 6810 of the education law, as
added by chapter 881 of the laws of 1972, is amended to read as follows:
  2. (A) A prescription may not be refilled unless it bears  a  contrary
instruction  and  indicates  on  its  face the number of times it may be
refilled.  A prescription may not be refilled more times than allowed on
the prescription. The date of each refilling must be  indicated  on  the
original  prescription. Prescriptions for controlled substances shall be
refilled only pursuant to article thirty-three of the public health law.
  A PRESCRIPTION (NEW OR REFILL) MAY NOT BE DELIVERED OFF PREMISES WITH-
OUT 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.
  (B)  PHARMACY  PROVIDERS  WHO  DELIVER  MEDICATION  WITHOUT PATIENT OR
AUTHORIZED INDIVIDUAL CONSENT WILL BE REQUIRED TO ACCEPT THE  RETURN  OF
THE  MEDICATION  FROM  THE  PATIENT, PROVIDE THAT PATIENT CREDIT FOR ANY

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

co-Sponsors

multi-Sponsors

2013-A8612A (ACTIVE) - Details

See Senate Version of this Bill:
S6449
Law Section:
Education Law
Laws Affected:
Amd §6810, Ed L

2013-A8612A (ACTIVE) - Summary

Requires pharmacies to contact a patient or the patient's caregiver before delivering prescriptions.

2013-A8612A (ACTIVE) - Bill Text download pdf

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

                                 8612--A
                                                        Cal. No. 704

                          I N  A S S E M B L Y

                            January 28, 2014
                               ___________

Introduced  by  M.  of  A.  McDONALD,  OTIS, TITONE, LUPARDO, McDONOUGH,
  BORELLI, GALEF, GUNTHER, CAHILL, COOK, BARRETT, FAHY,  PEOPLES-STOKES,
  CUSICK  --  Multi-Sponsored  by  -- M. of A. BARCLAY, CERETTO, DUPREY,
  GLICK, HEVESI, McLAUGHLIN, RA, RIVERA, SCHIMEL, SIMANOWITZ, SOLAGES --
  read once and  referred  to  the  Committee  on  Higher  Education  --
  reported  from  committee,  advanced  to  a third reading, amended and
  ordered reprinted, retaining its place on the order of third reading

AN ACT to amend the education law, in relation to requiring the  consent
  of the patient or an authorized individual to consent on the patient's
  behalf before a prescription is delivered

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

  Section 1. Subdivision 2 of section 6810  of  the  education  law,  as
added by chapter 881 of the laws of 1972, is amended to read as follows:
  2.  (A)  A prescription may not be refilled unless it bears a contrary
instruction and indicates on its face the number  of  times  it  may  be
refilled.  A prescription may not be refilled more times than allowed on
the  prescription.  The  date of each refilling must be indicated on the
original prescription. Prescriptions for controlled substances shall  be
refilled only pursuant to article thirty-three of the public health law.
  A   PHARMACY  REGISTERED  WITH  THE  DEPARTMENT  PURSUANT  TO  SECTION
SIXTY-EIGHT HUNDRED EIGHT 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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