S T A T E   O F   N E W   Y O R K
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                                  9447

                          I N  A S S E M B L Y

                             April 30, 2014
                               ___________

Introduced by M. of A. PICHARDO -- read once and referred to the Commit-
  tee on Higher Education

AN  ACT to amend the education law, in relation to enacting the "topical
  medication safety and efficacy act"

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "topical medication safety and efficacy act."
  S 2. Legislative findings and intent. The legislature recognizes  that
medicine  is  an  important  and  ever-changing field marked by constant
advances in knowledge and methods. Modern  pharmaceutical  research  has
expanded the ability of physicians to heal their patients, but these new
discoveries  require  not  just  new  chemical compounds, but also occa-
sionally require new methods of administering treatments and  distribut-
ing  medicines  to patients. For some topically applied medications, the
safety and efficacy of the treatments are  enhanced  when  patients  can
obtain  their  medicines  directly from their physicians and immediately
learn correct application techniques  under  the  doctor's  supervision.
This  is  especially  true in the case of medications used to treat skin
discoloration affecting people of color. Due to the sensitivity  of  the
skin  and  eyes,  patients often require additional guidance from physi-
cians in the proper administration of treatments,  and  this  method  of
instruction  coupled  with  dispensing  by  physicians  currently  helps
millions of patients around the country. Unfortunately, New  York  State
law has failed to similarly keep pace with medical developments, and New
York  is  one  of  only  five  states  in  the nation that prohibits the
dispensing of medications by physicians. This has  resulted  in  certain
medications  not being as accessible to New York patients as they are in
other states, keeping some patients away from  desired  treatments,  and
driving others out of state to obtain treatment.
  S  3.  Section  6802  of  the education law is amended by adding a new
subdivision 27 to read as follows:
  27. "TOPICAL PHARMACEUTICAL" MEANS:
  A. BIMATOPROST;

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

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A. 9447                             2

  B. HYDROQUINONE;
  C. METRONIDAZOLE;
  D. TRETINOIN;
  E. IMIQUIMOD;
  F. ACLYCLOVIR; OR
  G. A DRUG THAT:
  (1) IS NOT A CONTROLLED SUBSTANCE;
  (2) REQUIRES A PRESCRIPTION FOR DISPENSATION;
  (3)  HAS BEEN REGISTERED WITH OR APPROVED BY THE FEDERAL FOOD AND DRUG
ADMINISTRATION; AND
  (4) IS PRESCRIBED FOR THE SKIN, THE TREATMENT OF A SKIN CONDITION,  OR
THE ENHANCEMENT OF AN INDIVIDUAL'S APPEARANCE.
  S 4. Subparagraph 9 of paragraph a of subdivision 2 of section 6807 of
the  education  law,  as  amended by chapter 538 of the laws of 2001, is
amended and a new subparagraph 10 is added to read as follows:
  (9) the dispensing of drugs pursuant to an oncological or AIDS  proto-
col[.]; OR
  (10)  THE  DISPENSING  OF  A  TOPICAL  PHARMACEUTICAL IN EXCESS OF THE
PATIENT'S IMMEDIATE NEEDS WHEN  DISPENSED  BY  A  PHYSICIAN,  WHERE  THE
PHYSICIAN:
  I.  TO THE EXTENT A TOPICAL PHARMACEUTICAL IS AVAILABLE AT A PHARMACY,
INFORMS THE PATIENT THAT THE PRESCRIPTION MAY BE FILLED AT A PHARMACY OR
DISPENSED IN THE PHYSICIAN'S OFFICE;
  II. DISPENSES ONLY TO THE PHYSICIAN'S PATIENTS;
  III. BELIEVES THAT DISPENSING WOULD IMPROVE THE SAFETY AND EFFICACY OF
THE DRUG OR COMPLIANCE WITH TREATMENT BY THAT PATIENT; AND
  IV. COMPLIES WITH ALL STATE AND FEDERAL LABELING  AND  RECORD  KEEPING
REQUIREMENTS  APPLICABLE TO THE AESTHETIC PHARMACEUTICAL. A RECORD MAIN-
TAINED UNDER THIS SUBPARAGRAPH MUST BE ACCESSIBLE TO THE EXTENT REQUIRED
BY STATE AND FEDERAL LAW. A PHYSICIAN MAY CHARGE A FEE FOR DISPENSING AN
AESTHETIC PHARMACEUTICAL.
  S 5. This act shall take effect immediately.