S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1813
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2019
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the education law, in relation
   to the dispensing of partially filled prescriptions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 3333 of the public health law is amended by adding
 a new subdivision 6 to read as follows:
   6. AT THE REQUEST OF THE PRESCRIBER OR THE PATIENT, A PRESCRIPTION FOR
 A SCHEDULE II, SCHEDULE III OR SCHEDULE IV CONTROLLED SUBSTANCE  MAY  BE
 PARTIALLY  FILLED  WITHIN  THIRTY  DAYS FROM THE DATE OF ISSUANCE OF THE
 PRESCRIPTION. THE  REMAINING  QUANTITY  OF  THE  PRESCRIPTION    MAY  BE
 DISPENSED  SEPARATELY  WITHIN  THIRTY DAYS FROM THE DATE OF ISSUE OF THE
 PRESCRIPTION,  PROVIDED  THAT  THE  CONTROLLED  SUBSTANCE  WAS  USED  IN
 CONFORMITY WITH DIRECTIONS FOR USE AND CONSISTENT WITH APPLICABLE FEDER-
 AL REGULATIONS AND REGULATIONS OF THE COMMISSIONER.
   §  2.  Paragraph  a  of subdivision 1 of section 6816 of the education
 law, as amended by chapter 710 of the laws of 1988, is amended  to  read
 as follows:
   a. Any person, who, in putting up any drug, medicine, or food or prep-
 aration  used  in  medical  practice,  or making up any prescription, or
 filling any order for drugs, medicines, food  or  preparation  puts  any
 untrue  label,  stamp  or  other  designation  of contents upon any box,
 bottle or other package containing a drug, medicine, food or preparation
 used in medical practice, or substitutes or dispenses a different  arti-
 cle  for  or  in  lieu  of any article prescribed, ordered, or demanded,
 except where required pursuant to section sixty-eight hundred  sixteen-a
 of this article, or puts up a greater or lesser quantity of any ingredi-
 ent  specified  in  any  such  prescription,  order  or demand than that
 prescribed, ordered or demanded, except where required pursuant to para-
 graph (g) of subdivision two of section three  hundred  sixty-five-a  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07733-01-9

 S. 1813                             2
 
 the  social  services  law  OR  ALLOWED PURSUANT TO SECTION THIRTY-THREE
 HUNDRED THIRTY-THREE OF THE PUBLIC HEALTH  LAW,  or  otherwise  deviates
 from  the terms of the prescription, order or demand by substituting one
 drug  for another, except where required pursuant to section sixty-eight
 hundred sixteen-a of this article, is guilty of a misdemeanor; provided,
 however, that except in the case of physicians'  prescriptions,  nothing
 herein contained shall be deemed or construed to prevent or impair or in
 any  manner  affect  the right of an apothecary, druggist, pharmacist or
 other person to recommend the purchase of an  article  other  than  that
 ordered,  required or demanded, but of a similar nature, or to sell such
 other article in place or in lieu of an  article  ordered,  required  or
 demanded, with the knowledge and consent of the purchaser. Upon a second
 conviction  for  a  violation  of  this  section  the  offender  must be
 sentenced to the payment of a fine not to exceed  one  thousand  dollars
 and  may be sentenced to imprisonment for a term not to exceed one year.
 The third conviction of a violation of any of  the  provisions  of  this
 section,  in  addition  to  rendering the offender liable to the penalty
 prescribed by law for a second conviction, shall forfeit any right which
 he may possess under  the  law  of  this  state  at  the  time  of  such
 conviction,  to  engage  as proprietor, agent, employee or otherwise, in
 the business of an apothecary, pharmacist, or druggist, or to  compound,
 prepare  or  dispense  prescriptions  or  orders for drugs, medicines or
 foods or preparations used in medical practice; and the  offender  shall
 be  by  reason of such conviction disqualified from engaging in any such
 business as proprietor, agent, employee  or  otherwise  or  compounding,
 preparing or dispensing medical prescriptions or orders for drugs, medi-
 cines, or foods or preparations used in medical practice.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date upon which it shall have become a law. Effective immediate-
 ly 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 on or before such date.