BILL NUMBER:S6449A

TITLE OF BILL:  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

PURPOSE:

To reduce medication waste and improve patient compliance and
adherence by prohibiting pharmacies from automatically delivering
prescriptions to patients without their consent or an individual
authorized on the patient's behalf.

SUMMARY OF PROVISIONS:

Section 1 amends Education Law § 6810(2) to provide that a pharmacy
registered with the Department under Section 6808 of the Education Law
may not deliver a prescription 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
individual 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 medication adherence program shall be an OPT-IN
program that is updated with patient consent every 180 days
accompanied by a documented patient record review by a licensed
pharmacist from the providing pharmacy and the patient before
continuation of medication delivery can occur.

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
charges they may have paid, and will be required to destroy those
medications sent without consent on delivery in accordance with
applicable state and federal law. Nothing in this section shall be
deemed to interfere with the requirements for refill reminder or
medication adherence programs. Nothing in this section is intended to
apply to long-term care pharmacy dispensing and delivery.

Section 2 provides effective date.

JUSTIFICATION:

The intent of this bill is to reduce medication waste, control cost,
provide consumer protection and improve patient compliance by
prohibiting pharmacies from automatically delivering new or refilled
prescription medications to patients without their consent or the
consent of an authorized individual on their behalf.

Prescription medications, when taken appropriately under the
supervision of a prescriber and consultation with a pharmacist, can be
safe and effective. Unfortunately, as the utilization of prescription
drugs has grown, medication waste has also increased both statewide
and nationally. As excessive medication quantities accumulate in


households they can fall into the wrong hands and lead to abuse,
medical emergencies and other tragic consequences.  Furthermore,
excessive supplies of prescription products can easily cause patients
to become confused, take the wrong medication, or take it incorrectly.
Medication errors such as these translate directly into impaired
health, therapy failures and increased hospitalizations.

The United States Drug Enforcement Administration's National
Prescription Drug Take-Back Initiative, which is aimed at providing a
safe, convenient, and responsible means of disposing of prescription
drugs, has taken back nearly three million pounds of unused and
expired medications as a result of six nationwide take-back events.
Additionally, the National Pharmacy Community Pharmacists Association
"Dispose my Meds" program has netted more than 150,000 lbs. of unused
or expired non-controlled prescription medications. Hundreds of such
examples exist. Excessive supplies of prescription drugs in homes
represent a waste of taxpayer dollars, an opportunity for diversion
and misuse, and the potential for real patient harm.

In the Centers for Medicare & Medicaid Services (CMS) call letter
dated April 1, 2013 sent to Medicare Advantage plans stated the
following, "We received a number of comments that indicate
beneficiaries return large quantities of unneeded medications to
community pharmacies for take-back programs because they were unable
to stop auto-ship refill programs." This has led to consideration of a
new CMS policy designed to cut waste and save taxpayer dollars by
prohibition of auto-filling of prescriptions at the national level
with federally funded Medicare Part D Plans. This is sound public
policy that keeps the consumer in charge. This legislation would
implement this policy at the state level.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

This bill shall take effect immediately; provided, however, that if
this act shall take effect on or after January 1, 2015, the
commissioner of education shall promulgate any rule or regulation
necessary to implement the provisions of this act on or before January
1, 2015.