S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    635
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by M. of A. AUBRY -- read once and referred to the Committee
   on Higher Education
 
 AN ACT to amend the public health law and the education law, in relation
   to requiring notification of and the informed consent of the  prescri-
   ber and the patient prior to the substitution of a prescribed anti-ep-
   ileptic drug

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The public health law is amended by adding a  new  section
 3346 to read as follows:
   §  3346. ANTI-EPILEPTIC DRUG PRODUCT SELECTION PROHIBITED. 1.  AS USED
 IN THIS SECTION:
   (A) "ANTI-EPILEPTIC DRUG" MEANS (I) ANY DRUG PRESCRIBED FOR THE TREAT-
 MENT OF EPILEPSY OR (II) A DRUG USED TO TREAT OR PREVENT SEIZURES.
   (B) "EPILEPSY" MEANS A NEUROLOGICAL CONDITION CHARACTERIZED BY  RECUR-
 RENT SEIZURES.
   (C)  "SEIZURE"  MEANS  AN  ACUTE  CLINICAL CHANGE SECONDARY TO A BRIEF
 DISTURBANCE IN THE ELECTRICAL ACTIVITY OF THE BRAIN.
   (D) "INTERCHANGE" MEANS THE SUBSTITUTION OF ONE VERSION  OF  THE  SAME
 ANTI-EPILEPTIC  THERAPEUTIC PRODUCT, INCLUDING A GENERIC VERSION FOR THE
 PRESCRIBED BRAND, A BRAND VERSION FOR THE PRESCRIBED GENERIC VERSION,  A
 GENERIC VERSION BY ONE MANUFACTURER FOR A GENERIC VERSION BY A DIFFERENT
 MANUFACTURER,  A  DIFFERENT FORMULATION OF THE PRESCRIBED ANTI-EPILEPTIC
 DRUG OR A DIFFERENT ANTI-EPILEPTIC  THERAPEUTIC  DRUG  PRODUCT  FOR  THE
 ANTI-EPILEPTIC PRODUCT ORIGINALLY PRESCRIBED.
   2.  NO  PHARMACIST  SHALL INTERCHANGE AN ANTI-EPILEPTIC DRUG OR FORMU-
 LATION OF AN ANTI-EPILEPTIC DRUG, BRAND OR GENERIC, FOR THE TREATMENT OF
 EPILEPTIC SEIZURES WITHOUT THE PRIOR  NOTIFICATION  OF  AND  THE  SIGNED
 INFORMED  CONSENT OF SUCH INTERCHANGE FROM THE PRESCRIBING PHYSICIAN AND
 THE PATIENT, OR THE PATIENT'S PARENT, LEGAL GUARDIAN OR SPOUSE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01565-01-3
 A. 635                              2
              

 
   § 2. The opening paragraph of subdivision 1 of section 6816-a  of  the
 education  law,  as added by chapter 776 of the laws of 1977, is amended
 to read as follows:
   [A]  EXCEPT  AS  PROVIDED IN SECTION THIRTY-THREE HUNDRED FORTY-SIX OF
 THE PUBLIC HEALTH LAW, A pharmacist shall substitute  a  less  expensive
 drug  product  containing  the  same active ingredients, dosage form and
 strength as the drug product prescribed, ordered or  demanded,  provided
 that the following conditions are met:
   § 3. This act shall take effect immediately.