S T A T E   O F   N E W   Y O R K
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                                  10460

                          I N  A S S E M B L Y

                              May 29, 2012
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
  Committee on Insurance

AN ACT to amend the insurance law and the education law, in relation  to
  pharmaceuticals with an aesthetic or cosmetic use or purpose

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

  Section 1. Section 2341 of the insurance law is amended  by  adding  a
new subdivision (c) to read as follows:
  (C)  OTHER  MATTERS THAT THE SUPERINTENDENT MAY SUBMIT TO THE COUNCILS
FOR CONSIDERATION INCLUDE, BUT ARE NOT LIMITED TO, THE EXTENT  TO  WHICH
LIABILITY  INSURANCE  RATES  ARE  AFFECTED BY NON-PRESCRIPTION AESTHETIC
COMPOUNDS DEVELOPED WITHOUT THE APPROVAL OF THE FEDERAL  FOOD  AND  DRUG
ADMINISTRATION  THAT  ARE  SOLD AS AN OVER-THE-COUNTER SUBSTITUTE FOR AN
AESTHETIC PHARMACEUTICAL AS SUCH TERM IS DEFINED IN SUBDIVISION  TWENTY-
FOUR OF SECTION SIXTY-EIGHT HUNDRED TWO OF THE EDUCATION LAW.
  S  2.  Section  6802  of  the education law is amended by adding a new
subdivision 24 to read as follows:
  24. "AESTHETIC PHARMACEUTICAL" MEANS:
  A. BIMATOPROST;
  B. EFLORNITHINE;
  C. FINASTERIDE;
  D. FLUOCINOLONE;
  E. HYDROQUINONE;
  F. TRETINOIN;
  G. MINOXIDIL;
  H. TAZAROTENE; OR
  I. A DRUG THAT:
  (1) IS NOT A CONTROLLED SUBSTANCE;
  (2) REQUIRES A PRESCRIPTION FOR DISPENSATION;
  (3) HAS BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION; AND
  (4) IS PRESCRIBED FOR THE ENHANCEMENT OF AN INDIVIDUAL'S APPEARANCE.
  S 3. 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:

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

                                                           LBD15614-01-2

A. 10460                            2

  (9)  the dispensing of drugs pursuant to an oncological or AIDS proto-
col[.]; OR
  (10)  THE  DISPENSING  OF AN AESTHETIC PHARMACEUTICAL IN EXCESS OF THE
PATIENT'S IMMEDIATE NEEDS WHEN  DISPENSED  BY  A  PHYSICIAN,  WHERE  THE
PHYSICIAN:
  I.  INFORMS THE PATIENT THAT THE PRESCRIPTION MAY BE FILLED AT A PHAR-
MACY OR DISPENSED IN THE PHYSICIAN'S OFFICE;
  II. DISPENSES ONLY TO THE PHYSICIAN'S PATIENTS; AND
  III. COMPLIES WITH ALL STATE AND FEDERAL LABELING AND  RECORD  KEEPING
REQUIREMENTS. A RECORD MAINTAINED UNDER THIS SUBPARAGRAPH MUST BE ACCES-
SIBLE  TO  THE EXTENT REQUIRED BY STATE AND FEDERAL LAW. A PHYSICIAN MAY
CHARGE A FEE FOR DISPENSING AN AESTHETIC PHARMACEUTICAL.
  S 4. This act shall take effect immediately;  provided,  however  that
the  amendments to section 2341 of the insurance law made by section one
of this act shall not affect the expiration of such section and shall be
deemed to expire therewith.