S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    216
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. GOTTFRIED, PAULIN -- read once and referred to
   the Committee on Health
 
 AN ACT to amend the public health law, in relation to retail clinics
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  public health law is amended by adding a new section
 230-f to read as follows:
   § 230-F. RETAIL CLINICS. 1. AS USED IN THIS SECTION,  "RETAIL  CLINIC"
 MEANS A FACILITY OR PORTION OF A FACILITY THAT IS OPERATED BY ANY ENTITY
 THAT  IS AUTHORIZED UNDER THE LAWS OF THIS STATE TO PROVIDE PROFESSIONAL
 SERVICES TO THE PUBLIC AND THAT PROVIDES HEALTH CARE SERVICES OR  TREAT-
 MENT  PROVIDED BY A HEALTH CARE PRACTITIONER LICENSED, CERTIFIED, REGIS-
 TERED OR AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF THE EDUCATION  LAW,
 ACTING  WITHIN  HIS OR HER LAWFUL SCOPE OF PRACTICE, THAT:  (A) OPERATES
 WITHIN THE SPACE OF A RETAIL BUSINESS OPERATION, SUCH AS A PHARMACY OR A
 STORE OPEN TO THE GENERAL PUBLIC; (B) IS LABELED, BRANDED, ADVERTISED OR
 MARKETED WITH THE NAME OR SYMBOL OF A RETAIL BUSINESS ENTITY; OR (C)  IS
 LABELED,  BRANDED,  ADVERTISED  OR MARKETED WITH THE NAME OR SYMBOL OF A
 BUSINESS ENTITY, OTHER THAN A BUSINESS ENTITY THAT PROVIDES HEALTH  CARE
 SERVICES  OR  TREATMENT PROVIDED AT THE FACILITY. HOWEVER, A FACILITY OR
 PORTION OF A FACILITY SHALL NOT BE DEEMED TO BE A RETAIL  CLINIC  IF  IT
 ORDINARILY  IS USED ONLY FOR PROVIDING HEALTH CARE SERVICES TO EMPLOYEES
 OF THE RETAIL BUSINESS OPERATION.  A FACILITY SHALL NOT BE DEEMED TO  BE
 A  RETAIL  CLINIC  IF  THE  HEALTH CARE SERVICE UNDER TITLE EIGHT OF THE
 EDUCATION LAW IT PROVIDES IS LIMITED TO PHARMACY OR OPHTHALMIC  DISPENS-
 ING  AND  OPHTHALMOLOGIC  OR  OPTOMETRIC SERVICES PROVIDED IN CONNECTION
 WITH OPHTHALMIC DISPENSING.
   2. THE TREATMENTS AND SERVICES THAT MAY BE PROVIDED BY A RETAIL CLINIC
 SHALL BE LIMITED TO THE PROVISION OF TREATMENT AND SERVICES TO  PATIENTS
 FOR  ACUTE  EPISODIC ILLNESS OR CONDITION; EPISODIC PREVENTIVE TREATMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00379-01-1

 A. 216                              2
 
 AND SERVICES SUCH AS IMMUNIZATIONS; OPHTHALMIC DISPENSING AND OPHTHALMO-
 LOGIC OR OPTOMETRIC SERVICES  PROVIDED  IN  CONNECTION  WITH  OPHTHALMIC
 DISPENSING;  OR  TREATMENT  AND SERVICES FOR MINOR INJURIES THAT ARE NOT
 REASONABLY  LIKELY  TO  BE  LIFE-THREATENING OR POTENTIALLY DISABLING OR
 HAVE COMPLICATIONS IF AMBULATORY CARE WITHIN THE CAPACITY OF THE  RETAIL
 CLINIC IS PROVIDED; BUT THE TREATMENTS AND SERVICES PROVIDED BY A RETAIL
 CLINIC  SHALL  NOT  INCLUDE  MONITORING  OR  TREATMENT AND SERVICES OVER
 MULTIPLE VISITS OVER PROLONGED PERIODS.
   3. A RETAIL CLINIC SHALL BE DEEMED TO BE A "HEALTH CARE PROVIDER"  FOR
 THE  PURPOSES OF TITLE TWO-D OF THIS ARTICLE. A PRESCRIBER PRACTICING IN
 A RETAIL CLINIC SHALL NOT BE DEEMED TO BE IN THE EMPLOY OF A PHARMACY OR
 PRACTICING IN A HOSPITAL FOR PURPOSES  OF  SUBDIVISION  TWO  OF  SECTION
 SIXTY-EIGHT HUNDRED SEVEN OF THE EDUCATION LAW.
   4.  (A)  THE  COMMISSIONER SHALL MAKE REGULATIONS SETTING FORTH OPERA-
 TIONAL AND PHYSICAL PLANT STANDARDS FOR RETAIL  CLINICS,  WHICH  MAY  BE
 DIFFERENT  FROM  THE  REGULATIONS OTHERWISE APPLICABLE TO DIAGNOSTIC AND
 TREATMENT CENTERS, INCLUDING, BUT NOT LIMITED TO:
   (I) REQUIRING THAT RETAIL CLINICS ATTAIN AND MAINTAIN ACCREDITATION BY
 AN APPROPRIATE ACCREDITING  ENTITY  APPROVED  BY  THE  COMMISSIONER  AND
 REQUIRING  TIMELY  REPORTING  TO THE DEPARTMENT IF A RETAIL CLINIC LOSES
 ITS ACCREDITATION;
   (II) DESIGNATING OR LIMITING THE TREATMENTS AND SERVICES THAT  MAY  BE
 PROVIDED,  INCLUDING  LIMITING  THE  SCOPE OF SERVICES TO THE FOLLOWING,
 PROVIDED THAT SUCH SERVICES SHALL NOT INCLUDE  MONITORING  OR  TREATMENT
 AND SERVICES OVER MULTIPLE VISITS OR PROLONGED PERIODS:
   (A)  THE  PROVISION  OF  TREATMENT  AND SERVICES TO PATIENTS FOR MINOR
 ACUTE EPISODIC ILLNESSES OR CONDITIONS;
   (B) EPISODIC PREVENTION AND WELLNESS TREATMENTS AND SERVICES  SUCH  AS
 IMMUNIZATIONS;
   (C)  OPHTHALMIC  DISPENSING  AND OPHTHALMOLOGIC OR OPTOMETRIC SERVICES
 PROVIDED IN CONNECTION WITH OPHTHALMIC DISPENSING;
   (D) TREATMENT AND SERVICES FOR MINOR INJURIES THAT ARE NOT  REASONABLY
 LIKELY  TO  BE LIFE THREATENING OR POTENTIALLY DISABLING OR HAVE COMPLI-
 CATIONS IF AMBULATORY CARE WITHIN THE CAPACITY OF THE RETAIL  CLINIC  IS
 PROVIDED;
   (E)  PROHIBITING  THE  PROVISION  OF  SERVICES TO PATIENTS TWENTY-FOUR
 MONTHS OF AGE OR YOUNGER;
   (III) REQUIRING RETAIL CLINICS TO ACCEPT WALK-INS AND  OFFER  EXTENDED
 BUSINESS HOURS;
   (IV) SETTING FORTH GUIDELINES FOR ADVERTISING AND SIGNAGE, WHICH SHALL
 INCLUDE  SIGNAGE  INDICATING  THAT  PRESCRIPTIONS  AND  OVER-THE-COUNTER
 SUPPLIES MAY BE PURCHASED BY A PATIENT FROM ANY BUSINESS AND DO NOT NEED
 TO BE PURCHASED ON-SITE;
   (V) SETTING FORTH GUIDELINES FOR  INFORMED  CONSENT,  RECORD  KEEPING,
 REFERRAL  FOR  TREATMENT  AND  CONTINUITY OF CARE, CASE REPORTING TO THE
 PATIENT'S  PRIMARY  CARE  OR  OTHER  HEALTH  CARE   PROVIDERS,   DESIGN,
 CONSTRUCTION, FIXTURES, AND EQUIPMENT.
   (B) SUCH REGULATIONS ALSO SHALL PROMOTE AND STRENGTHEN PRIMARY CARE BY
 REQUIRING RETAIL CLINICS TO:
   (I)  INQUIRE  OF  EACH  PATIENT  WHETHER  HE OR SHE HAS A PRIMARY CARE
 PROVIDER;
   (II) MAINTAIN AND REGULARLY  UPDATE  A  LIST  OF  LOCAL  PRIMARY  CARE
 PROVIDERS AND PROVIDE SUCH LIST TO EACH PATIENT WHO INDICATES THAT HE OR
 SHE  DOES  NOT  HAVE  A  PRIMARY CARE PROVIDER. SUCH ROSTER (A) SHALL BE
 DRAWN FROM A LIST OF PRIMARY CARE PROVIDERS MAINTAINED AND  PERIODICALLY
 UPDATED  BY THE DEPARTMENT ON ITS WEBSITE (IN SEARCHABLE FORM) INCLUDING

 A. 216                              3
 
 THE INFORMATION REQUIRED IN CLAUSES (B) AND (C)  OF  THIS  SUBPARAGRAPH,
 LOCATED  IN  THE ZIP CODE AREA AND ADJACENT ZIP CODE AREAS OF THE RETAIL
 CLINIC, AND MAY INCLUDE ADDITIONAL PRIMARY CARE PROVIDERS ADDED  BY  THE
 RETAIL  CLINIC; (B) SHALL IDENTIFY PREFERRED PROVIDERS WHO HAVE ACHIEVED
 RECOGNITION AS A PATIENT CENTERED MEDICAL HOME (PCMH) OR  OTHER  SIMILAR
 DESIGNATION  AND  A  DESCRIPTION OF WHAT SUCH DESIGNATION MEANS; AND (C)
 SHALL INCLUDE FEDERALLY QUALIFIED HEALTH CENTERS AND OTHER PROVIDERS WHO
 SERVE MEDICAID, LOW-INCOME AND UNINSURED PATIENTS, AND PEOPLE WITH DISA-
 BILITIES AND SHALL IDENTIFY CULTURAL AND  LINGUISTIC  CAPABILITIES  WHEN
 AVAILABLE;
   (III)  REFER  PATIENTS TO THEIR PRIMARY CARE PROVIDERS OR OTHER HEALTH
 CARE PROVIDERS WHERE APPROPRIATE;
   (IV) TRANSMIT  BY  ELECTRONIC  MEANS  WHENEVER  POSSIBLE,  RECORDS  OF
 SERVICES TO PATIENTS' PRIMARY CARE PROVIDERS;
   (V)  DECLINE  TO  TREAT  ANY PATIENT FOR THE SAME CONDITION OR ILLNESS
 MORE THAN THREE TIMES IN A YEAR; AND
   (VI) REPORT TO THE DEPARTMENT RELEVANT DATA, AS MAY BE  DEEMED  NECES-
 SARY  BY  THE  DEPARTMENT,  RELATED  TO  SERVICES  PROVIDED AND PATIENTS
 SERVED, PROVIDED THAT SUCH REPORTING SHALL COMPLY WITH ALL PRIVACY  LAWS
 RELATED TO PATIENT DATA.
   (C) RETAIL CLINICS ALREADY IN OPERATION AT THE TIME THIS SECTION TAKES
 EFFECT  MUST  COMPLY WITH ACCREDITATION REQUIREMENTS UNDER THIS SUBDIVI-
 SION WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION.
   (D) THE DEPARTMENT SHALL ROUTINELY REVIEW  THE  COMPLIANCE  BY  RETAIL
 CLINICS WITH THE PROVISIONS OF THIS SECTION AND IF A RETAIL CLINIC FAILS
 TO  COMPLY  WITH  THE PROVISIONS OF THIS SECTION, OR REGULATIONS ADOPTED
 PURSUANT TO THIS SECTION, THE DEPARTMENT SHALL  HAVE  THE  AUTHORITY  TO
 TAKE ENFORCEMENT ACTIONS UNDER TITLE TWO OF ARTICLE ONE OF THIS CHAPTER.
   (E)  IN  MAKING  REGULATIONS  UNDER THIS SECTION, THE COMMISSIONER MAY
 CONSULT WITH A WORKGROUP INCLUDING, BUT NOT LIMITED TO,  REPRESENTATIVES
 OF  HEALTH  CARE CONSUMERS AND REPRESENTATIVES OF PROFESSIONAL SOCIETIES
 OF APPROPRIATE HEALTH CARE PROFESSIONALS,  INCLUDING  THOSE  IN  PRIMARY
 CARE AND OTHER SPECIALTIES.
   5.  A  RETAIL CLINIC SHALL PROVIDE TREATMENT WITHOUT DISCRIMINATION AS
 TO SOURCE OF PAYMENT.
   6. THE DEPARTMENT SHALL PROVIDE AN ANNUAL REPORT WHICH IT  SHALL  MAKE
 AVAILABLE  ON  ITS WEBSITE; THE REPORT SHALL INCLUDE LOCATIONS OF RETAIL
 CLINICS IN THE STATE AND SHALL INDICATE WHICH  CLINICS  ARE  LOCATED  IN
 MEDICALLY  UNDERSERVED AREAS; SUCH REPORT SHALL ALSO INCLUDE AN ANALYSIS
 AS TO WHETHER RETAIL CLINICS HAVE IMPROVED  ACCESS  TO  HEALTH  CARE  IN
 UNDERSERVED  AREAS, RECOMMENDATIONS RELATED THERETO AND ANY OTHER INFOR-
 MATION THE DEPARTMENT MAY DEEM NECESSARY.
   7. THIS SECTION DOES NOT AUTHORIZE ANY FORM OF OWNERSHIP OR  ORGANIZA-
 TION  OF  A  RETAIL  CLINIC OR PRACTICE OF ANY PROFESSION THAT WOULD NOT
 OTHERWISE BE LEGAL, AND DOES NOT EXPAND THE SCOPE  OF  PRACTICE  OF  ANY
 HEALTH  CARE PRACTITIONER. WHERE ANY REGULATION UNDER THIS SECTION WOULD
 AFFECT THE SCOPE OF PRACTICE THAT MAY BE PROVIDED IN A RETAIL  CLINIC  A
 HEALTH  CARE  PRACTITIONER LICENSED, REGISTERED, CERTIFIED OR AUTHORIZED
 TO PRACTICE UNDER TITLE EIGHT OF THE EDUCATION LAW, THE REGULATION SHALL
 BE MADE IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION.
   8. THE HOST BUSINESS ENTITY OF A RETAIL CLINIC SHALL NOT, DIRECTLY  OR
 INDIRECTLY,  BY CONTRACT, POLICY, COMMUNICATION, INCENTIVE OR OTHERWISE,
 INFLUENCE OR SEEK TO INFLUENCE ANY CLINICAL DECISION, POLICY OR PRACTICE
 OF ANY HEALTH CARE PRACTITIONER PROVIDING ANY HEALTH CARE SERVICE IN THE
 RETAIL CLINIC, INCLUDING PRESCRIBING OR RECOMMENDING DRUGS,  DEVICES  OR
 SUPPLIES.  THIS  SUBDIVISION SHALL NOT PRECLUDE THE HOST BUSINESS ENTITY

 A. 216                              4
 
 FROM ESTABLISHING, CONSISTENT WITH  THIS  SECTION  AND  APPLICABLE  LAW,
 LIMITATIONS  ON  OR REQUIREMENTS AS TO THE SCOPE OF HEALTH CARE SERVICES
 TO BE PROVIDED IN THE RETAIL CLINIC OR ACTIVITIES TO ASSURE  MAINTAINING
 QUALITY  STANDARDS  OF  HEALTH  CARE  SERVICES. AS USED IN THIS SECTION,
 "HOST BUSINESS ENTITY" MEANS ANY RETAIL  BUSINESS  ORGANIZATION,  RETAIL
 BUSINESS  ENTITY OR BUSINESS ENTITY WITHIN WHOSE SPACE THE RETAIL CLINIC
 IS LOCATED OR WITH WHOSE NAME OR SYMBOL THE RETAIL  CLINIC  IS  LABELED,
 BRANDED, ADVERTISED OR MARKETED.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have because a law. Effective immediately, the commissioner of
 health shall make regulations and take other actions  reasonably  neces-
 sary to implement this act on that date.