§ 253. Utilization of out-of-state provider pharmacies; necessity and
convenience. 1. In counties having a population of seventy-five thousand
or less that are in proximity to the state boundary and which are
determined by the commissioner of health to be not adequately served by
provider pharmacies registered in New York, and in Fishers Island in the
town of Southold, Suffolk county, the commissioner may approve as
provider pharmacies, pharmacies located in New Jersey, Connecticut,
Vermont, Pennsylvania or Massachusetts. Such approvals shall be made
after (a) consideration of the convenience and necessity of New York
residents in the rural areas served by such pharmacies, (b)
consideration of the quality of service of such pharmacies and the
standing of such pharmacies with the governmental board or agency of the
state in which such pharmacy is located, (c) the commissioner shall give
all licensed pharmacies within the county notice of his or her intention
to approve such out-of-state provider pharmacies, and (d) the
commissioner has held a public hearing at which he or she has determined
factually that the licensed pharmacies within such county are not
adequately serving as provider pharmacies.

2. The commissioner of health shall investigate and determine whether
certification shall be granted within ninety days of the filing of an
application for certification by the governing body of any city, town or
village, within a county determined by the commissioner to be not
adequately served by provider pharmacies registered in New York pursuant
to subdivision one of this section, claiming to be lacking adequate
pharmaceutical service.

3. Every certification granted pursuant to this section shall expire
not more than five years after the date of issuance.