S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6988
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 9, 2023
                                ___________
 
 Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
   tee 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
   (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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08848-01-3