S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3981
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2021
                                ___________
 
 Introduced  by  M.  of  A.  ABINANTI,  SANTABARBARA, DICKENS, GOTTFRIED,
   SEAWRIGHT,  BYRNE,  BRABENEC,  M. MILLER,  J. M. GIGLIO,  FITZPATRICK,
   MORINELLO, NORRIS, WALSH, GALEF, STECK, STERN, SAYEGH, PAULIN, ZEBROW-
   SKI,  BUTTENSCHON,  ASHBY,  JACOBSON,  MONTESANO,  PICHARDO,  GUNTHER,
   MAGNARELLI -- Multi-Sponsored by  --  M.  of  A.  DeSTEFANO,  EPSTEIN,
   HAWLEY,  SIMON  --  read  once and referred to the Committee on Higher
   Education
 
 AN ACT to amend the education law, in relation to  the  substitution  of
   brand name epinephrine auto-injectors with alternate epinephrine auto-
   injectors for dispensation by pharmacists
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 6816-a of the education law is amended by adding  a
 new subdivision 6 to read as follows:
   6.  (A)  NOTWITHSTANDING  SUBDIVISION TWO OF THIS SECTION OR ANY OTHER
 SECTION OF LAW TO THE CONTRARY, WHEN A PATIENT  IS  PRESCRIBED  A  BRAND
 NAME EPINEPHRINE AUTO-INJECTOR, A PHARMACIST MAY SUBSTITUTE AN ALTERNATE
 EPINEPHRINE AUTO-INJECTOR CONTAINING THE SAME ACTIVE INGREDIENTS, DOSAGE
 FORM  AND  STRENGTH  AS  THE  BRAND  NAME PRODUCT PRESCRIBED, ORDERED OR
 DEMANDED, REGARDLESS OF WHETHER THE ALTERNATE EPINEPHRINE  AUTO-INJECTOR
 IS  INCLUDED IN THE LATEST LIST OF INTERCHANGEABLE DRUG PRODUCTS FOR THE
 PRESCRIBED EPINEPHRINE AUTO-INJECTOR DEVICE, PROVIDED THAT:
   (I) THE PRESCRIBER DOES NOT INDICATE THAT  THE  PRESCRIPTION  THEREFOR
 SHALL  BE  DISPENSED AS WRITTEN PURSUANT TO PARAGRAPH (A) OF SUBDIVISION
 SIX OF SECTION SIXTY-EIGHT HUNDRED TEN OF THIS ARTICLE;
   (II) THE ALTERNATE EPINEPHRINE AUTO-INJECTOR AVAILABLE WOULD REFLECT A
 LOWER UNIT COST TO THE PURCHASER;
   (III) THE PHARMACIST HAS ADVISED THE PURCHASER OF THE AVAILABILITY  OF
 AN  ALTERNATE EPINEPHRINE AUTO-INJECTOR AND OBTAINED CONSENT TO DISPENSE
 THE ALTERNATE EPINEPHRINE AUTO-INJECTOR; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00933-01-1
              

 A. 3981                             2
 
   (IV) THE PHARMACIST HAS COUNSELED THE PATIENT OR PERSON AUTHORIZED  TO
 ACT  ON  THE PATIENT'S BEHALF ON THE PROPER USAGE AND OPERATING FEATURES
 OF THE ALTERNATE EPINEPHRINE AUTO-INJECTOR.
   (B) FOR PURPOSES OF THIS SUBDIVISION "EPINEPHRINE AUTO-INJECTOR" SHALL
 HAVE THE SAME MEANING AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION ONE OF
 SECTION THREE THOUSAND-C OF THE PUBLIC HEALTH LAW.
   § 2. This act shall take effect immediately.