S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7379--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 29, 2019
                                ___________
 
 Introduced  by  M.  of  A.  BRAUNSTEIN  -- read once and referred to the
   Committee on Higher Education -- committee discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  education  law,  in  relation  to  labeling  of
   prescription drugs containing gluten, lactose or food dye

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section 6810 of the education law, as
 amended by section 2 of part V of chapter 57 of the  laws  of  2012,  is
 amended to read as follows:
   1.  No  drug for which a prescription is required by the provisions of
 the Federal Food, Drug and Cosmetic Act or by the commissioner of health
 shall  be  distributed  or  dispensed  to  any  person  except  upon   a
 prescription  written  by  a  person  legally  authorized  to issue such
 prescription. Such drug shall be compounded or dispensed by  a  licensed
 pharmacist,  and no such drug shall be dispensed without affixing to the
 immediate container in which the drug is sold or dispensed a label bear-
 ing the name and address of the owner of the establishment in  which  it
 was dispensed, the date compounded, the number of the prescription under
 which it is recorded in the pharmacist's prescription files, the name of
 the  prescriber, the name and address of the patient, and the directions
 for the use of the drug by the patient as given upon  the  prescription.
 EXCEPT  AS  OTHERWISE  AUTHORIZED IN THE FEDERAL FOOD, DRUG AND COSMETIC
 ACT, NO DRUG CONTAINING ANY ACTIVE OR INACTIVE INGREDIENT MADE FROM  ANY
 GLUTEN-CONTAINING  GRAIN, INCLUDING WHEAT, BARLEY, RYE, OR ANY CROSSBRED
 HYBRID OF SUCH GRAINS, OR CONTAINING ANY ACTIVE OR  INACTIVE  INGREDIENT
 CONTAINING   LACTOSE,   OR  CONTAINING  FOOD  DYE,  AND  FOR  WHICH  ANY
 PRESCRIPTION IS REQUIRED BY THE PROVISIONS OF THE FEDERAL FOOD, DRUG AND
 COSMETIC ACT OR BY THE COMMISSIONER OF HEALTH CONTAINED WITHIN A BOTTLE,
 VIAL, CARTON OR OTHER CONTAINER, OR IN ANY WAY AFFIXED OR APPENDED TO OR
 ENCLOSED WITHIN A PACKAGE OF ANY KIND, AND DESIGNATED  OR  INTENDED  FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10881-07-9

 A. 7379--A                          2
 
 DELIVERY  IN SUCH CONTAINER OR PACKAGE TO AN ULTIMATE CONSUMER, SHALL BE
 DISPENSED OR SOLD TO AN ULTIMATE CONSUMER WITHIN THIS STATE UNLESS  SUCH
 CONTAINER  OR  PACKAGE  HAS  CLEARLY AND PERMANENTLY MARKED OR IMPRINTED
 UPON  IT IN CONFORMANCE WITH THE APPLICABLE PLAN REQUIRED BY SUBDIVISION
 THREE OF THIS SECTION WORDS CLEARLY  IDENTIFYING  EACH  SUCH  ACTIVE  OR
 INACTIVE  INGREDIENT  MADE FROM ANY GLUTEN-CONTAINING GRAIN OR CROSSBRED
 HYBRID, LACTOSE, OR FOOD DYE. All labels shall conform to such rules and
 regulations as promulgated  by  the  commissioner  pursuant  to  section
 sixty-eight  hundred  twenty-nine  of  this article. The prescribing and
 dispensing of a drug which is a controlled substance shall be subject to
 additional requirements provided in article thirty-three of  the  public
 health law. The words "drug" and "prescription required drug" within the
 meaning  of  this article shall not be construed to include soft or hard
 contact  lenses,  eyeglasses,  or  any  other  device  for  the  aid  or
 correction  of vision. Nothing in this subdivision shall prevent a phar-
 macy from furnishing a drug to another pharmacy which does not have such
 drug in stock for the purpose of filling a prescription.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.