S T A T E   O F   N E W   Y O R K
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                                  2732

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2011
                               ___________

Introduced  by  M.  of A. CROUCH, KOLB, CALHOUN, HAWLEY -- read once and
  referred to the Committee on Consumer Affairs and Protection

AN ACT to amend the  education  law,  in  relation  to  authorizing  the
  substitution of brand name prescription drugs by a pharmacist

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

  Section 1. Paragraph (a) of subdivision  6  of  section  6810  of  the
education law, as amended by chapter 649 of the laws of 1993, is amended
to read as follows:
  (a) Every prescription written in this state by a person authorized to
issue  such  prescription  shall be on prescription forms containing one
line for the prescriber's signature. The  prescriber's  signature  shall
validate  the prescription. Imprinted conspicuously in eight point upper
case type immediately below the signature line shall be the words: "THIS
PRESCRIPTION WILL BE FILLED GENERICALLY UNLESS PRESCRIBER WRITES 'd a w'
IN THE BOX BELOW". Unless the prescriber writes d a w in such box in the
prescriber's own handwriting, the prescriber's signature shall designate
approval of substitution by a pharmacist of a drug product  pursuant  to
paragraph  (o)  of  subdivision  one  of  section two hundred six of the
public health law. No other letters or marks in such box shall  prohibit
substitution.  No  prescription  forms  used or intended to be used by a
person authorized to issue a prescription shall have 'd a w'  preprinted
in  such box. Such box shall be placed directly under the signature line
and shall be three-quarters inch in length and one-half inch in  height.
Immediately  below  such  box  shall  be imprinted in six point type the
words "Dispense As Written". Notwithstanding any other provision of law,
no state official, agency, board or other entity  shall  promulgate  any
regulation  or  guideline  modifying  those elements of the prescription
form's contents specified in this subdivision. To the  extent  otherwise
permitted  by  law,  a  prescriber may modify only those elements of the
prescription form's contents not specified in this subdivision. Notwith-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04752-01-1
              

A. 2732                             2

standing any other provision of this section or any other  law,  when  a
generic  drug  is  not  available  and  the  brand  name drug originally
prescribed is available and the pharmacist agrees to dispense the  brand
name  product for a price that will not exceed the price that would have
been charged for the generic substitute had it been  available,  substi-
tution  of  a  generic drug product will not be required. If the generic
drug product is not available and a medical emergency  situation,  which
for purposes of this section is defined as any condition requiring alle-
viation  of  severe  pain or which threatens to cause disability or take
life if not promptly treated, exists, then the pharmacist  may  dispense
the  brand  name  product  at his regular price.   In such instances the
pharmacist must record the date, hour and nature of the medical emergen-
cy on the back  of  the  prescription  and  keep  a  copy  of  all  such
prescriptions.  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS SECTION, OR
OF ANY OTHER LAW, IF A GENERIC DRUG PRODUCT IS AVAILABLE,  A  PHARMACIST
MAY  INFORM  THE  PATIENT THAT THE BRAND NAME DRUG IS ALSO AVAILABLE AND
THAT THE PRICE OF SUCH BRAND NAME DRUG WILL  EXCEED  THE  PRICE  OF  THE
GENERIC  DRUG  PRODUCT.  UPON THE REQUEST OF THE PATIENT, THE PHARMACIST
MAY DISPENSE THE BRAND NAME  PRODUCT  AT  THE  REGULAR  PRICE.  IN  SUCH
INSTANCES  THE  PHARMACIST  MUST RECORD THE DATE AND HOUR OF THE PATIENT
REQUEST ON THE BACK OF THE PRESCRIPTION AND KEEP  A  COPY  OF  ALL  SUCH
PRESCRIPTIONS.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately any rule or regulation
necessary  for  the  timely  implementation of this act on its effective
date may be promulgated on or before such date.