Assembly Bill A1163

2023-2024 Legislative Session

Requires the consent of the patient or an authorized individual to consent on the patient's behalf before a prescription is delivered

download bill text pdf

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Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A1163 (ACTIVE) - Details

Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Amd §6810, Ed L
Versions Introduced in Other Legislative Sessions:
2019-2020: A7555
2021-2022: A3083

2023-A1163 (ACTIVE) - Summary

Requires the consent of the patient or an authorized individual to consent on the patient's behalf before a prescription is delivered.

2023-A1163 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1163
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 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.
                                                            LBD02562-01-3
              

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