Requires pharmacies to post notice of the professional misconduct complaint process.
Ayes (27): Kruger, Krueger, Stachowski, Oppenheimer, Montgomery, Parker, Stavisky, Stewart-Cousins, Thompson, Breslin, Diaz, Espada, Klein, Perkins, Valesky, Peralta, DeFrancisco, Volker, Padavan, LaValle, Farley, Hannon, Larkin, Leibell, Maziarz, Marcellino, Robach
Ayes W/R (5): Duane, Dilan, Seward, Saland, Nozzolio
Excused (1): Johnson O
Ayes (56): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, Diaz, Dilan, Duane, Espada, Farley, Foley, Fuschillo, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker, Young
Nays (5): DeFrancisco, Flanagan, Golden, Johnson O, Winner
Excused (1): Morahan
BILL NUMBER: S2484C
TITLE OF BILL :
An act to amend the education law and the public health law, in relation to providing public notice of the education department professional misconduct complaint process relating to pharmacies
Encourages the distribution of information to the general public about the jurisdiction of the state education department and the office of professions as it relates to filing complaints of alleged professional misconduct related to activities of pharmacies.
SUMMARY OF PROVISIONS :
Section 1: Amends Education Law section 6826(4)to require pharmacies to post a sign that notifies consumers of the jurisdiction of the education department to accept and investigate complaints about alleged professional misconduct, including the prescription dispensing process, counseling, and licensure issues. This notification should be placed on the already existing sign that notifies the public about the drug retail price list. Such portion of the sign needs to have the phone number, web address and electronic mail address of the education department. Pharmacies in hospitals, nursing homes or extended care facilities limited to providing prescription drugs for inpatient care are exempt from this requirement.
Section 2: Amends Public Health Law section 276-a to add the notification provisions provided for in section 1 of this bill to be placed on the department of health's internet web-site for prescription drug retail price lists.
JUSTIFICATION : Recent studies have indicated that approximately 2-3 million errors may occur each year at retail pharmacies around the U.S., including approximately 210,000 in New York state. However, most of these errors are not reported to state licensing authorities. This may be because pharmacies are not required to report their errors and consumers are not aware of the need to report such mistakes to anyone other than the pharmacy.
Errors such as receiving the wrong drug or inappropriate dosage of the such drug can cause serious side effects or unintended drug interactions. If even 1 in 1,000 of prescription errors results in a life or health-threatening condition, a rate supported by some studies, then up to 200 New York lives could be saved each year by helping the NYS Education Department to more effectively monitor the practice of pharmacy in our State.
LEGISLATIVE HISTORY : 2008 - S.8779 - Referred to Rules
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect 180 days after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 2484--C 2009-2010 Regular Sessions IN SENATE February 20, 2009 ___________Introduced by Sens. KLEIN, BRESLIN, DIAZ, HASSELL-THOMPSON, HUNTLEY, MONTGOMERY, SAVINO, SCHNEIDERMAN -- 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 -- reported favorably from said committee and committed to the Committee on Finance -- reported favor- ably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- recommitted to the Committee on High- er Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law and the public health law, in relation to providing public notice of the education department professional misconduct complaint process relating to pharmacies THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 6826 of the education law, as amended by chapter 293 of the laws of 2005, is amended and a new subdi- vision 4-a is added to read as follows: 4. Pharmacies shall have a sign notifying people of BOTH: (A) the availability of the drug retail price list and the availability of the department of health prescription drug retail price list database and the web address of that database, AND (B) THE JURISDICTION OF THE DEPARTMENT TO ACCEPT AND INVESTIGATE COMPLAINTS ABOUT ALLEGED PROFES- SIONAL MISCONDUCT, INCLUDING THE PRESCRIPTION DISPENSING PROCESS, COUN- SELING RELATED ISSUES AND LICENSURE ISSUES. EACH SUCH SIGN SHALL BE conspicuously posted at or adjacent to the place in the pharmacy where prescriptions are presented for compounding and dispensing, in the wait- ing area for customers, or in the area where prescribed drugs are deliv- ered.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05260-09-0 S. 2484--C 2
4-A. THE NOTICE REQUIRED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS SECTION SHALL INCLUDE THE TELEPHONE NUMBER, INTERNET WEB ADDRESS AND ELECTRONIC MAIL ADDRESS OF THE DEPARTMENT. PROVIDED, FURTHER, THAT THE PROVISIONS OF SUCH PARAGRAPH SHALL NOT APPLY TO ANY PHARMACY IN A HOSPITAL OR RESIDENTIAL HEALTH CARE FACILITY, AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, WHICH DISPENSES DRUGS TO PATIENTS ADMITTED TO SUCH HOSPITAL OR FACILITY. S 2. Section 276-a of the public health law is amended by adding a new subdivision 3-a to read as follows: 3-A. THE PRESCRIPTION DRUG RETAIL PRICE LIST DATABASE POSTED ON THE DEPARTMENT'S INTERNET WEBSITE SHALL INCLUDE A NOTICE ON THE JURISDICTION OF THE EDUCATION DEPARTMENT TO ACCEPT AND INVESTIGATE COMPLAINTS ABOUT ALLEGED PROFESSIONAL MISCONDUCT BY PHARMACISTS AND PHARMACIES, INCLUDING THE PRESCRIPTION DRUG DISPENSING PROCESS, COUNSELING RELATED ISSUES AND LICENSURE ISSUES, AS REQUIRED BY PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION SIXTY-EIGHT HUNDRED TWENTY-SIX OF THE EDUCATION LAW. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law.