S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7555
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 9, 2019
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Higher Education
 
 AN  ACT to amend the education law, in relation to requiring the consent
   of the patient or an authorized individual to consent on the patient's
   behalf before a prescription is delivered

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section 6810 of the education law, as
 amend by chapter 413 of the laws of 2014, the second undesignated  para-
 graph of subdivision (a) as amended by section 7 of part A of chapter 57
 of the laws of 2015, is amended to read as follows:
   2.  (a)  A prescription may not be refilled unless it bears a contrary
 instruction and indicates on its face the number  of  times  it  may  be
 refilled.  A prescription may not be refilled more times than allowed on
 the prescription. The date of each refilling must be  indicated  on  the
 original  prescription. Prescriptions for controlled substances shall be
 refilled only pursuant to article thirty-three of the public health law.
   A pharmacy registered with the department pursuant to  section  sixty-
 eight  hundred  eight or sixty-eight hundred eight-b of this article may
 not deliver a new or refilled  prescription  off  premises  without  the
 EXPRESS consent of the patient or an individual authorized to consent on
 the  patient's  behalf OR ACTION TAKEN IN LIEU OF INDICATING THE EXPRESS
 CONSENT OF THE PATIENT TO RECEIVE THE PRESCRIPTION.  For the purposes of
 this section, EXPRESS consent [may be obtained in the  same  manner  and
 process by which consent is deemed acceptable under the federal Medicare
 Part D program] SHALL INCLUDE AT LEAST ONE OF THE FOLLOWING:
   (1)  THE  PATIENT  OR  AUTHORIZED  INDIVIDUAL'S PHYSICAL OR ELECTRONIC
 SIGNATURE AUTHORIZING EACH PRESCRIPTION DELIVERED;
   (2) THE PHARMACY MAY CONTACT THE PATIENT OR AUTHORIZED INDIVIDUAL  FOR
 VERBAL,  ELECTRONIC  OR  WRITTEN  CONSENT  TO  DELIVER AND MUST DOCUMENT
 CONSENT IN THE PATIENT RECORD; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11438-01-9

 A. 7555                             2
 
   (3) FOR PHARMACIES  THAT  ADMINISTER  REFILL  REMINDER  OR  MEDICATION
 ADHERENCE  PROGRAMS  AND  DELIVER OFF PREMISES, IF AN EXPRESS CONSENT IS
 NOT RECEIVED ON EACH PRESCRIPTION, THEN THE REFILL REMINDER  PROGRAM  OR
 MEDICATION  ADHERENCE PROGRAM SHALL BE AN OPT-IN PROGRAM THAT IS UPDATED
 AS TO PATIENT CONSENT EVERY ONE HUNDRED EIGHTY DAYS.
   (b)  Pharmacy  providers  who  deliver  medication  without patient or
 authorized individual EXPRESS consent will be  required  to  accept  the
 return  of  the medication from the patient, provide that patient credit
 for any charges they may have paid, PROVIDE CREDIT TO THE  MEDICAL  PLAN
 FOR CHARGES PAID, and will be required to destroy those medications sent
 without  consent  on  delivery  in  accordance with applicable state and
 federal law. Nothing in this section shall be deemed to  interfere  with
 the  requirements  for refill reminder or medication adherence programs.
 Nothing in this section is intended to apply to long-term care  pharmacy
 dispensing and delivery.
   (C)  PHARMACY PROVIDERS WHO DELIVER MEDICATIONS SHALL PROVIDE A STATE-
 MENT OF RIGHTS UPON DELIVERY  ON  AN  ANNUAL  BASIS  THAT  OUTLINES  THE
 PATIENT'S RIGHTS REGARDING CONSENT AND PRESCRIPTION DELIVERY OPTIONS.
   § 2. This act shall take effect immediately.