S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7115
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2020
                                ___________
 
 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,  SCHEDULE  IV  OR  SCHEDULE  V  CONTROLLED
 SUBSTANCE  MAY  BE PARTIALLY FILLED PROVIDED THAT THE PARTIAL FILLING IS
 RECORDED IN THE SAME MANNER AS A REFILL. THE REMAINING QUANTITY  OF  THE
 PRESCRIPTION  MAY  BE  DISPENSED SEPARATELY ONLY ONCE IN CONFORMITY WITH
 DIRECTIONS FOR USE.
   § 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
 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
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14641-02-0

 S. 7115                             2
 
 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.