S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5955
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2017
                                ___________
 
 Introduced  by  M.  of  A.  PICHARDO,  MOSLEY,  TITUS, ORTIZ, SEPULVEDA,
   ARROYO, HOOPER -- read once and referred to the  Committee  on  Higher
   Education
 
 AN  ACT  to amend the education law, in relation to creating 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."
   § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04830-01-7

 A. 5955                             2
 
   §  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;
   B. HYDROQUINONE;
   C. METRONIDAZOLE;
   D. TRETINOIN;
   E. IMIQUIMOD;
   F. ACYCLOVIR; 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.
   § 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 LICENSED PRESCRIBER, WHERE
 THE LICENSED PRESCRIBER:
   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 LICENSED PRESCRIBER'S OFFICE;
   II. DISPENSES ONLY TO THE LICENSED PRESCRIBER'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 TOPICAL PHARMACEUTICAL.  A  RECORD  MAIN-
 TAINED UNDER THIS SUBPARAGRAPH MUST BE ACCESSIBLE TO THE EXTENT REQUIRED
 BY  STATE  AND  FEDERAL  LAW. A LICENSED PRESCRIBER MAY CHARGE A FEE FOR
 DISPENSING A TOPICAL PHARMACEUTICAL.
   § 5. This act shall take effect immediately.