S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10668
 
                           I N  A S S E M B L Y
 
                               July 22, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Ramos) --
   read once and referred to the Committee on Higher Education
 
 AN ACT to amend the education law,  in  relation  to  requiring  patient
   consent when substituting medication
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions 1, 2 and 3 of section 6816-a of the  education
 law,  subdivisions  1 and 2 as added by chapter 776 of the laws of 1977,
 paragraph (a) of subdivision 1 as amended by chapter 913 of the laws  of
 1986, and subdivision 3 as added by chapter 357 of the laws of 2017, are
 amended to read as follows:
   1.  A  pharmacist  shall  substitute  a  less  expensive  drug product
 containing the same active ingredients, dosage form and strength as  the
 drug  product prescribed, ordered or demanded, provided that the follow-
 ing conditions are met:
   (a) The prescription is written on a form which meets the requirements
 of subdivision six of section sixty-eight hundred ten  of  this  article
 and  the  prescriber  does  not prohibit substitution, or in the case of
 oral prescriptions, the prescriber must expressly state whether  substi-
 tution is to be permitted or prohibited. Any oral prescription that does
 not include such an express statement shall not be filled; and
   (b)  The  substituted  drug  product  is contained in the list of drug
 products established pursuant to paragraph (o)  of  subdivision  one  of
 section two hundred six of the public health law; [and]
   (c)  The pharmacist shall indicate on the label affixed to the immedi-
 ate container in which the drug  is  sold  or  dispensed  the  name  and
 strength  of the drug product and its manufacturer unless the prescriber
 specifically states  otherwise.  The  pharmacist  shall  record  on  the
 prescription  form the brand name or the name of the manufacturer of the
 drug product dispensed; AND
   (D) THE PATIENT WHO SHALL RECEIVE THE DRUG PRODUCT GIVES EXPRESS WRIT-
 TEN CONSENT THAT THE PHARMACIST MAY SUBSTITUTE SUCH DRUG PRODUCT  FOR  A
 LESS EXPENSIVE DRUG PRODUCT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15893-01-4
              

 A. 10668                            2
 
   2.  In the event a patient chooses to have a prescription filled by an
 out of state dispenser, [the laws of  that  state  shall  prevail]  SUCH
 OUT-OF-STATE  DISPENSER  SHALL  RECEIVE EXPRESS WRITTEN CONSENT FROM THE
 PATIENT WHO SHALL RECEIVE THE DRUG PRODUCT THAT SUCH DRUG PRODUCT MAY BE
 SUBSTITUTED FOR A LESS EXPENSIVE DRUG PRODUCT.
   3.  A  pharmacist shall substitute a less expensive biological product
 for a prescribed biological product provided that all of  the  following
 conditions are met:
   (a)  the  substituted  biological product is either an interchangeable
 biological product for the prescribed product or the substituted biolog-
 ical product is one for which the prescribed product is an interchangea-
 ble biological product;
   (b) the prescriber does not designate that a substitution is prohibit-
 ed as described in subdivision six of section sixty-eight hundred ten of
 this article; [and]
   (c) the pharmacist indicates on the label  affixed  to  the  immediate
 container  in  which  the  biological product is sold or distributed the
 name and strength of the product and its manufacturer unless  the  pres-
 criber specifically states otherwise; AND
   (D) THE PATIENT WHO SHALL RECEIVE THE BIOLOGICAL PRODUCT GIVES EXPRESS
 WRITTEN CONSENT THAT THE PHARMACIST MAY SUBSTITUTE SUCH BIOLOGICAL PROD-
 UCT FOR A LESS EXPENSIVE BIOLOGICAL PRODUCT.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, 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 and completed
 on or before such effective date.