NY State Senate Bill 2013-S5392A

Archive: Last Bill Status - In Senate Committee Higher Education 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 13, 2014	print number 5392a
Jun 13, 2014	amend and recommit to higher education
Jan 08, 2014	referred to higher education
May 16, 2013	referred to higher education

Bill Amendments

Original

A (Active)

2013-S5392 - Details

See Assembly Version of this Bill:: A7702
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §6808-b, Ed L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S489, A5448
2017-2018: S2756

2013-S5392 - Summary

Relates to conditions of registration for nonresident pharmacies.

2013-S5392 - Sponsor Memo

                                BILL NUMBER:S5392

TITLE OF BILL:  An act to amend the education law, in relation to
conditions of registration for nonresident pharmacies

PURPOSE:  This bill would require the supervising pharmacist in an
out-of-state mail order pharmacy or internet pharmacy to be licensed
by the State of New York. The legislation builds upon present law that
requires out-of-state pharmacies to register with the State. Adding
the supervising pharmacist licensure requirement gives the New York
State Education Department (SED) jurisdiction over individuals who are
directly responsible for prescription drugs that New Yorkers receive
by mail.

SUMMARY OF PROVISIONS:

Section 1. Amends subdivision 4 of section 6808-b of the education law
to add a new condition of registration to non-resident pharmacy
establishments, namely that the supervising pharmacist holds a valid
New York State issued license.

Section 2. Provides the effective date.

JUSTIFICATION:  As New Yorkers receive more of their prescription
drugs from mail service pharmacies, questions arise about how
effectively state law protects them. Present law requires out-of-state

pharmacies and internet pharmacies to register with the (SED) but it
goes no further. If any disciplinary action is necessary, state
officials must rely on authorities in the state where the pharmacy is
located unless there is an immediate threat to public health., If an
individual consumer suffers harm, present law allows for a delayed
response at best.

Although the out-of-state pharmacy registered with (SED) is expected
to follow the laws of the state in which it is located, our law
specifically requires compliance with New York laws governing
controlled substances,, By requiring the Supervising Pharmacist (SP)
to have a valid NYS license, the state has greater authority to
enforce compliance. This bill remedies the obvious shortfall in the
current law. At this time, mail order and/or internet pharmacies that
ignore the state's quantity limitations on narcotic prescriptions (no
more than a 30 day supply) are nearly beyond the reach of NYS
authorities. As the Health Department fully implements ISTOP later
this year, enacting this legislation into law becomes even more
important. All New York consumers should have equal protection whether
they receive their prescriptions from an in-state pharmacy or an
out-of-state pharmacy.

Requiring the SP to hold a license from the state to which the
pharmacy ships prescription medications is not an new concept. In
fact, Arizona, Arkansas, Kentucky, Maryland, Nebraska and Tennessee
have added this provision to their laws, Pharmacists are frequently
licensed in more than one state. In the case of a mail service
pharmacy, requiring the SP to be licensed in every state to which
medications are shipped makes good public policy sense

LEGISLATIVE HISTORY:. New bill


FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: Immediately.

2013-S5392 - Bill Text download pdf

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

                                  5392

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen. LAVALLE -- 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 conditions  of  regis-
  tration for nonresident 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 6808-b of the  education  law,  as
amended  by  chapter  567  of  the  laws  of 2002, is amended to read as
follows:
  4. Conditions of registration.  As  a  condition  of  registration,  a
nonresident establishment shall comply with the following requirements:
  a.  Be  licensed and/or registered and in good standing with the state
of residence;
  b. BE UNDER THE IMMEDIATE SUPERVISION AND MANAGEMENT OF  A  PHARMACIST
WITH A VALID NEW YORK STATE LICENSE AT ALL HOURS WHEN OPEN;
  C.  Maintain,  in  readily  retrievable  form, records of drugs and/or
devices shipped into this state;
  [c.] D. Supply, upon request, all information needed by the department
to carry out the department's responsibilities under the laws and  rules
and regulations pertaining to nonresident establishments;
  [d.]  E.  Comply with all statutory and regulatory requirements of the
state where the nonresident establishment is located,  for  prescription
drugs  or  devices  shipped, mailed or delivered into this state, except
that for controlled substances shipped, mailed or  delivered  into  this
state,  the  nonresident  pharmacy shall follow federal law and New York
law relating to controlled substances;
  [e.] F.  The  application  shall  be  made  in  the  manner  and  form
prescribed by the department;
  [f.]  G.  The  application  of  establishments  to  be registered as a
manufacturer or wholesaler of drugs and/or devices shall be  accompanied

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10622-02-3

S. 5392                             2

by  a fee as provided in section sixty-eight hundred eight of this arti-
cle; and
  [g.]  H.  The  application  of  establishments  to  be registered as a
nonresident pharmacy shall be accompanied by  a  fee  of  three  hundred
forty-five  dollars  and  shall  be  renewed triennially at a fee of two
hundred sixty dollars.
  S 2. This act shall take effect immediately.

2013-S5392A (ACTIVE) - Details

See Assembly Version of this Bill:: A7702
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §6808-b, Ed L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S489, A5448
2017-2018: S2756

2013-S5392A (ACTIVE) - Summary

Relates to conditions of registration for nonresident pharmacies.

2013-S5392A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5392A

TITLE OF BILL:  An act to amend the education law, in relation to
conditions of registration for nonresident pharmacies

PURPOSE:  This bill would require the supervising pharmacist in an
out-of-state mail order pharmacy or internet pharmacy to be licensed
by the State of New York. The legislation builds upon present law that
requires out-of-state pharmacies to register with the State. Adding
the supervising pharmacist licensure requirement gives the New York
State Education Department (SED) jurisdiction over individuals who are
directly responsible for prescription drugs that New Yorkers receive
by mail.

SUMMARY OF PROVISIONS:

Section 1. Amends subdivision 4 of section 6808-b of the education law
to add a new condition of registration to non-resident pharmacy
establishments, namely that the supervising pharmacist holds a valid
New York State issued license.

Section 2. Provides the effective date

JUSTIFICATION:  As New Yorkers receive more of their prescription
drugs from mail service pharmacies, questions arise about how
effectively state law protects them. Present law requires out-of-state

pharmacies and internet pharmacies to register with the (SED) but it
goes no further. If any disciplinary action is necessary, state
officials must rely on authorities in the state where the pharmacy is
located unless there is an immediate threat to public health. If an
individual consumer suffers harm, present law allows for a delayed
response at best.

Although the out-of-state pharmacy registered with (SED) is expected
to follow the laws of the state in which it is located, our law
specifically requires compliance with New York laws governing
controlled substances. By requiring the Supervising Pharmacist (SP) to
have a valid NYS license, the state has greater authority to enforce
compliance. This bill remedies the obvious shortfall in the current
law. At this time, mail order and/or internet pharmacies that ignore
the state's quantity limitations on narcotic prescriptions (no more
than a 30 day supply) are nearly beyond the reach of NYS authorities.
As the Health Department fully implements ISTOP later this year,
enacting this legislation into law becomes even more important. All
New York consumers should have equal protection whether they receive
their prescriptions from an in-state pharmacy or an out-of-state
pharmacy.

Requiring the SP to hold a license from the state to which the
pharmacy ships prescription medications is not an new concept. In
fact, Arizona, Arkansas, Kentucky, Maryland, Nebraska and Tennessee
have added this provision to their laws. Pharmacists are frequently
licensed in more than one state. In the case of a mail service
pharmacy, requiring the SP to be licensed in every state to which
medications are shipped makes good public policy sense.

LEGISLATIVE HISTORY:  New bill.


FISCAL IMPLICATIONS:  None to the State.

EFFECTIVE DATE:  Immediately.

2013-S5392A (ACTIVE) - Bill Text download pdf

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

                                 5392--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education -- recom-
  mitted to the Committee on Higher 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, in relation to conditions  of  regis-
  tration for nonresident 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 6808-b of the  education  law,  as
amended  by  chapter  567 of the laws of 2002, paragraph f as amended by
section 6 of part D of chapter 60 of the laws of  2014,  is  amended  to
read as follows:
  4.  Conditions  of  registration.  As  a  condition of registration, a
nonresident establishment shall comply with the following requirements:
  a. Be licensed and/or registered and in good standing with  the  state
of residence;
  b.  A  NONRESIDENT ESTABLISHMENT THAT IS A PHARMACY SHALL BE UNDER THE
IMMEDIATE SUPERVISION AND MANAGEMENT OF A PHARMACIST WITH  A  VALID  NEW
YORK STATE LICENSE AT ALL HOURS WHEN OPEN;
  C.  Maintain,  in  readily  retrievable  form, records of drugs and/or
devices shipped into this state;
  [c.] D. Supply, upon request, all information needed by the department
to carry out the department's responsibilities under the laws and  rules
and regulations pertaining to nonresident establishments;
  [d.]  E.  Comply with all statutory and regulatory requirements of the
state where the nonresident establishment is located,  for  prescription
drugs  or  devices  shipped, mailed or delivered into this state, except
that for controlled substances shipped, mailed or  delivered  into  this
state,  the  nonresident  pharmacy shall follow federal law and New York
law relating to controlled substances;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10622-04-4

S. 5392--A                          2

  [e.] F.  The  application  shall  be  made  in  the  manner  and  form
prescribed by the department;
  [f.]  G.  The  application  of  establishments  to  be registered as a
manufacturer, wholesaler or outsourcing facility of drugs and/or devices
shall be accompanied by a fee as provided in section sixty-eight hundred
eight of this article; and
  [g.] H. The application  of  establishments  to  be  registered  as  a
nonresident  pharmacy  shall  be  accompanied  by a fee of three hundred
forty-five dollars and shall be renewed triennially  at  a  fee  of  two
hundred sixty dollars.
  S 2. This act shall take effect immediately.

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Senate Bill S5392A

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Bill Amendments

2013-S5392 - Details

2013-S5392 - Summary

2013-S5392 - Sponsor Memo

2013-S5392 - Bill Text download pdf

2013-S5392A (ACTIVE) - Details

2013-S5392A (ACTIVE) - Summary

2013-S5392A (ACTIVE) - Sponsor Memo

2013-S5392A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5392A

Share this bill

Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Bill Amendments

2013-S5392 - Details

2013-S5392 - Summary

2013-S5392 - Sponsor Memo

2013-S5392 - Bill Text download pdf

2013-S5392A (ACTIVE) - Details

2013-S5392A (ACTIVE) - Summary

2013-S5392A (ACTIVE) - Sponsor Memo

2013-S5392A (ACTIVE) - Bill Text download pdf

Comments