Senate Bill S9525

2023-2024 Legislative Session

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

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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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Bill Amendments

2023-S9525 - Details

Current Committee:
Assembly Higher Education
Law Section:
Public Health Law
Laws Affected:
Add §280-d, Pub Health L

2023-S9525 - Summary

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

2023-S9525 - Sponsor Memo

2023-S9525 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9525
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 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

2023-S9525A - Details

Current Committee:
Assembly Higher Education
Law Section:
Public Health Law
Laws Affected:
Add §280-d, Pub Health L

2023-S9525A - Summary

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

2023-S9525A - Sponsor Memo

2023-S9525A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9525--A
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed  to  be  committed  to  the  Committee  on Health -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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.
                                                            LBD14216-08-4

2023-S9525B (ACTIVE) - Details

Current Committee:
Assembly Higher Education
Law Section:
Public Health Law
Laws Affected:
Add §280-d, Pub Health L

2023-S9525B (ACTIVE) - Summary

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

2023-S9525B (ACTIVE) - Sponsor Memo

2023-S9525B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9525--B
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed  to  be  committed  to  the  Committee  on Health -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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
   (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.

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