Assembly Bill A9769B

2023-2024 Legislative Session

Requires that pharmacies that are discontinuing to notify customers of such discontinuance

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Sponsored By

Current Bill Status - On Floor Calendar

  • 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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Bill Amendments

co-Sponsors

2023-A9769 - Details

See Senate Version of this Bill:
S9525
Law Section:
Education Law
Laws Affected:
Add §6811-d, Ed L

2023-A9769 - Summary

Requires pharmacies that are discontinuing to notify customers of such discontinuance and provide information including locations of other nearby pharmacies.

2023-A9769 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9769
 
                           I N  A S S E M B L Y
 
                               April 5, 2024
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the public health law, in relation to requiring  pharma-
   cies that are permanently closing to notify customers of such closing
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The public health law is amended by adding  a  new  section
 280-d to read as follows:
   §  280-D. NOTICE OF PHARMACY CLOSURE. 1. ANY PHARMACY OPERATING PURSU-
 ANT TO ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE  EDUCATION  LAW  THAT  IS
 PERMANENTLY  CLOSING  SHALL PROVIDE TO CUSTOMERS, UPON THE DISPENSING OF
 ANY PRESCRIPTION MEDICATION TO ANY SUCH CUSTOMER, WRITTEN NOTICE OF  THE
 DATE UPON WHICH SUCH PHARMACY SHALL BE PERMANENTLY CLOSED.  SUCH PHARMA-
 CY  SHALL  ALSO,  TO THE EXTENT POSSIBLE, CONTACT ALL CUSTOMERS WHO HAVE
 FILLED PRESCRIPTIONS WITHIN THE PAST  TWELVE  MONTHS  AND  PROVIDE  SUCH
 CUSTOMERS  WITH  NOTICE  OF  THE  DATE UPON WHICH SUCH PHARMACY SHALL BE
 PERMANENTLY CLOSED.
   2. THE NOTICE REQUIRED PURSUANT TO SUBDIVISION  ONE  OF  THIS  SECTION
 SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) THE PERMANENT CLOSURE DATE OF SUCH PHARMACY;
   (B)  A  LIST OF FIVE PHARMACIES IN CLOSE PHYSICAL PROXIMITY, INCLUDING
 THE CONTACT INFORMATION FOR SUCH PHARMACIES, PROVIDED, HOWEVER, THAT  AT
 LEAST  THREE  OUT  OF  THE FIVE PHARMACIES LISTED SHALL BE INDEPENDENTLY
 OWNED;
   (C)  INSTRUCTIONS  ON  HOW  CUSTOMERS  CAN   TRANSFER   ANY   EXISTING
 PRESCRIPTIONS  FROM THE CLOSING PHARMACY TO ONE OF THE FIVE LISTED PHAR-
 MACIES; AND
   (D) CONSEQUENCES OF FAILING TO TRANSFER A PRESCRIPTION FROM A  CLOSING
 PHARMACY PRIOR TO SUCH PHARMACY'S CLOSING DATE.
   § 2. This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14216-04-4

co-Sponsors

2023-A9769A - Details

See Senate Version of this Bill:
S9525
Law Section:
Education Law
Laws Affected:
Add §6811-d, Ed L

2023-A9769A - Summary

Requires pharmacies that are discontinuing to notify customers of such discontinuance and provide information including locations of other nearby pharmacies.

2023-A9769A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9769--A
 
                           I N  A S S E M B L Y
 
                               April 5, 2024
                                ___________
 
 Introduced  by M. of A. L. ROSENTHAL, McDONALD -- read once and referred
   to the Committee on Higher Education  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the education law, in relation to  requiring  pharmacies
   that are discontinuing to notify customers of such discontinuance

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 6811-d
 to read as follows:
   § 6811-D. NOTIFICATION OF PHARMACY DISCONTINUANCE.   1.  EVERY  REGIS-
 TERED  PHARMACY THAT SELLS PRESCRIPTION DRUGS AT RETAIL SHALL NOTIFY THE
 PUBLIC AT LEAST THIRTY DAYS PRIOR TO ITS DISCONTINUANCE.  SUCH NOTIFICA-
 TION SHALL BE PROVIDED TO  CUSTOMERS  THROUGH  THEIR  PRIMARY  MEANS  OF
 COMMUNICATION  WITH  SUCH  PHARMACY  AND BE CONSPICUOUSLY POSTED   AT OR
 ADJACENT TO THE PLACE IN THE PHARMACY WHERE PRESCRIPTIONS ARE  PRESENTED
 FOR  COMPOUNDING  AND  DISPENSING, IN THE WAITING AREA FOR CUSTOMERS, OR
 THE AREA WHERE PRESCRIBED DRUGS ARE DISPENSED.
   2. THE NOTIFICATION REQUIRED  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
 SECTION SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) THE DATE OF SUCH PHARMACY'S DISCONTINUANCE;
   (B) THE NAMES, ADDRESSES, AND PHONE NUMBERS OF FIVE NEARBY PHARMACIES,
 PROVIDED  THAT, TO THE EXTENT POSSIBLE, AT LEAST TWO OF THE LISTED PHAR-
 MACIES SHALL BE INDEPENDENTLY OWNED;
   (C) INSTRUCTIONS ON TRANSFERRING ANY EXISTING PRESCRIPTIONS TO ANOTHER
 PHARMACY; AND
   (D) INFORMATION REGARDING THE DISPOSITION OF PRESCRIPTION RECORDS IF A
 CUSTOMER FAILS TO TRANSFER  A  PRESCRIPTION  PRIOR  TO  SUCH  PHARMACY'S
 DISCONTINUANCE.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14216-07-4

co-Sponsors

2023-A9769B (ACTIVE) - Details

See Senate Version of this Bill:
S9525
Law Section:
Education Law
Laws Affected:
Add §6811-d, Ed L

2023-A9769B (ACTIVE) - Summary

Requires pharmacies that are discontinuing to notify customers of such discontinuance and provide information including locations of other nearby pharmacies.

2023-A9769B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9769--B
 
                           I N  A S S E M B L Y
 
                               April 5, 2024
                                ___________
 
 Introduced  by M. of A. L. ROSENTHAL, McDONALD -- read once and referred
   to the Committee on Higher Education  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- reported and referred  to  the  Committee  on  Rules  --  Rules
   Committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to the Committee on Rules

 AN ACT to amend the education law, in relation to  requiring  pharmacies
   that are discontinuing to notify customers of such discontinuance
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 6811-d
 to read as follows:
   § 6811-D. NOTIFICATION OF PHARMACY DISCONTINUANCE.   1.  EVERY  REGIS-
 TERED  PHARMACY  THAT  SELLS  PRESCRIPTION DRUGS AT RETAIL SHALL PROVIDE
 PUBLIC NOTICE AT LEAST THIRTY DAYS PRIOR  TO  ITS  DISCONTINUANCE.  SUCH
 NOTICE SHALL:
   (A)  BE  PROVIDED, TO THE EXTENT POSSIBLE, TO CUSTOMERS WHO HAVE HAD A
 PRESCRIPTION FILLED AT THE PHARMACY WITHIN THE YEAR PRIOR TO ITS DISCON-
 TINUANCE THROUGH THE CUSTOMER'S PRIMARY MEANS OF COMMUNICATION WITH SUCH
 PHARMACY; AND
   (B) BE CONSPICUOUSLY POSTED AT OR ADJACENT TO THE PLACE IN THE PHARMA-
 CY WHERE PRESCRIPTIONS ARE PRESENTED FOR COMPOUNDING AND DISPENSING,  IN
 THE  WAITING  AREA FOR CUSTOMERS, OR THE AREA WHERE PRESCRIBED DRUGS ARE
 DISPENSED.
   2. THE NOTIFICATION REQUIRED  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
 SECTION SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) THE DATE OF SUCH PHARMACY'S DISCONTINUANCE;
   (B) THE NAMES, ADDRESSES, AND PHONE NUMBERS OF FIVE NEARBY PHARMACIES,
 PROVIDED  THAT, TO THE EXTENT POSSIBLE, AT LEAST TWO OF THE LISTED PHAR-
 MACIES SHALL BE INDEPENDENTLY OWNED;
   (C) INSTRUCTIONS ON TRANSFERRING ANY EXISTING PRESCRIPTIONS TO ANOTHER
 PHARMACY; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14216-11-4
 A. 9769--B                          2

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