Requires pharmacies to post notice of the professional misconduct complaint process

8 Co-sponsors

• Eric Adams
• Neil D. Breslin
• Ruben Diaz
• Ruth Hassell-Thompson
• Shirley L. Huntley
• Velmanette Montgomery
• Diane J. Savino
• Eric T. Schneiderman

Title of bill

An act to amend the education law and the public health law, in relation to providing public notice of the education department professional misconduct complaint process relating to pharmacies

Purpose

Encourages the distribution of information to the general public about the jurisdiction of the state education department and the office of professions as it relates to filing complaints of alleged professional misconduct related to activities of pharmacies.

Summary of provisions

Section 1: Amends Education Law section 6826(4)to require pharmacies to post a sign that notifies consumers of the jurisdiction of the education department to accept and investigate complaints about alleged professional misconduct, including the prescription dispensing process, counseling, and licensure issues. This notification should be placed on the already existing sign that notifies the public about the drug retail price list. Such portion of the sign needs to have the phone number, web address and electronic mail address of the education department. Pharmacies in hospitals, nursing homes or extended care facilities limited to providing prescription drugs for inpatient care are exempt from this requirement.

Section 2: Amends Public Health Law section 276-a to add the notification provisions provided for in section 1 of this bill to be placed on the department of health's internet web-site for prescription drug retail price lists.

Justification

Recent studies have indicated that approximately 2-3 million errors may occur each year at retail pharmacies around the U.S., including approximately 210,000 in New York state. However, most of these errors are not reported to state licensing authorities. This may be because pharmacies are not required to report their errors and consumers are not aware of the need to report such mistakes to anyone other than the pharmacy.

Errors such as receiving the wrong drug or inappropriate dosage of the such drug can cause serious side effects or unintended drug interactions. If even 1 in 1,000 of prescription errors results in a life or health-threatening condition, a rate supported by some studies, then up to 200 New York lives could be saved each year by helping the NYS Education Department to more effectively monitor the practice of pharmacy in our State.

Legislative history

2008 - S.8779 - Referred to Rules

Fiscal implications

None.

Effective date

This act shall take effect 180 days after it shall have become a law.