S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3083
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 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
 amended by chapter 413 of the laws  of  2014,  the  second  undesignated
 paragraph  of paragraph (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.
              

                                                            LBD01894-01-1

 A. 3083                             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.