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Legislative Passed Bills
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Legislative Action - Passed Bills of Interest (2014 Legislative Session)

Consent for Delivery (S6449- A HANNON/A8612 - A McDonald)
This bill amends the Pharmacy Practice Act (Education Law) to require every pharmacy registered with SED (including out-of-state pharmacies) to contact a patient/caregiver before delivering the prescription off-premises.  Consent means: 

(1) signature upon delivery
(2) documented patient or caregiver contact in the pharmacy’s records
(3) opt-in program that is updated with patient consent every six months. 
Pharmacies that deliver without obtaining consent must accept the return of medication from the patient and credit the patient for the co-pay.  Bill specifies that it is not to conflict with adherence or refill reminder programs and does not apply to long term care.

CDTM extender (A9715 Glick/S7435 Hannon)
This bill moves the sunset from September 14, 2014 to September 14, 2015, thereby extending the authorization for pharmacists to collaborate with physicians in teaching hospitals.  Discussions regarding the comprehensive CDTM bill (A7521 sponsored by Assemblyman and Pharmacist John McDonald) have already begun.

 
Access to Vaccine Registry for Pharmacists as Authorized Users (A9561-A Paulin/S 7253-A Hannon)

This bill gives pharmacists certified as immunizers access to the NYS children’s vaccine registry (children are persons under the age of 19).  NYS and NYC maintain adult immunization registries.  This bill requires pharmacists and nurses to report, with patient consent, the administration of a vaccine to persons 19 and older to the respective registry.

 
Opioid Overdose Prevention Program/ Opioid Antagonists (A8637-B Dinowitz/S6477-B Hannon)

This bill creates a program under Public Health Law that will authorize pharmacists to dispense nalaxone (and any other medications approved by DOH that negate or neutralize pharmacological effects of an opioid) upon either patient-specific or non-patient specific prescriptions/orders.  The program requires DOH to collect data and issue annual reports.

 

Criminalizes the Sale of a Controlled Substance by a Practitioner or Pharmacist
(S7902 Hannon/A10154 Rules at the request of Hennessey(Governor’s Program Bill)

This bill adds a new provision to penal law making it a class C felony for a practitioner or pharmacist “acting in other than good faith” to “knowingly and unlawfully sells a prescription for a controlled substance.”

 

Adds Misrepresentation as a Pharmacist under Fraud and Deceit used to Unlawfully Obtain a Controlled Substance (S7907 Marcellino/A10155 /Rules at the request of Peoples-Stokes(Governor’s Program Bill)

This bill expands fraud and deceit provisions in current penal law (class A misdemeanor).

 

Medical Marijuana (S7923 Savino/A6357-E Gottfried)

This bill allows DOH to register no more than five for-profit and not-for-profit geographically distributed organizations that are created “for the purpose of acquiring, possessing, manufacturing, selling, delivering, transporting, distributing or dispensing marijuana for certified medical use” to DOH-certified patients.   DOH will establish prices for medical marijuana and an excise tax on sales will be imposed. 

 

For pharmacists, it is important to note that this bill, which is the result of negotiations with the Governor, creates a new section 3368 (b) of public health law that states “Medical marijuana shall not be deemed to be a “drug” for purposes of article one hundred thirty-seven of the education law.”  Section 6801 of Article 137 of Education Law defines the practice of pharmacy:  “The practice of the profession of pharmacy is defined as the preparing, compounding, preserving, or the dispensing of drugs, medicines and therapeutic devices on the basis of prescriptions or other legal authority.”  Section 6802 defines “drugs”.  This language means that it cannot be lawfully dispensed by a licensed pharmacist. 

 

Mandatory insurance coverage for ostomy supplies (A8137-A Magnarelli/S5937-A Valesky)

 This bill mandates health insurance coverage for ostomy supplies as a medical benefit.

 

Safe Disposal (A1609 Cymbrowitz/S6691 Boyle)

This bill requires the Office of Alcoholism and Substance Abuse and the Department of Environmental Conservation to include on their respective websites information related to drug collection events and safe disposal practices.

 

One-Year Demonstration Program for Safe Disposal Conducted by the Department of Environmental Conservation (A5465-A Sweeney/S3985-A Grisanti)

This bill requires DEC, in consultation with the State Police, to establish a one-year demonstration program with at least three disposal sites in publicly-available State Police facilities in urban, suburban and rural areas.  The bill also requires DEC to promote safe disposal practices.

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