Relates to conditions of registration for nonresident pharmacies

BILL NUMBER:S5392A

Title of bill

An act to amend the education law, in relation to conditions of registration for nonresident pharmacies

Purpose

This bill would require the supervising pharmacist in an out-of-state mail order pharmacy or internet pharmacy to be licensed by the State of New York. The legislation builds upon present law that requires out-of-state pharmacies to register with the State. Adding the supervising pharmacist licensure requirement gives the New York State Education Department (SED) jurisdiction over individuals who are directly responsible for prescription drugs that New Yorkers receive by mail.

Summary of provisions

Section 1. Amends subdivision 4 of section 6808-b of the education law to add a new condition of registration to non-resident pharmacy establishments, namely that the supervising pharmacist holds a valid New York State issued license.

Section 2. Provides the effective date

Justification

As New Yorkers receive more of their prescription drugs from mail service pharmacies, questions arise about how effectively state law protects them. Present law requires out-of-state pharmacies and internet pharmacies to register with the (SED) but it goes no further. If any disciplinary action is necessary, state officials must rely on authorities in the state where the pharmacy is located unless there is an immediate threat to public health. If an individual consumer suffers harm, present law allows for a delayed response at best.

Although the out-of-state pharmacy registered with (SED) is expected to follow the laws of the state in which it is located, our law specifically requires compliance with New York laws governing controlled substances. By requiring the Supervising Pharmacist (SP) to have a valid NYS license, the state has greater authority to enforce compliance. This bill remedies the obvious shortfall in the current law. At this time, mail order and/or internet pharmacies that ignore the state's quantity limitations on narcotic prescriptions (no more than a 30 day supply) are nearly beyond the reach of NYS authorities. As the Health Department fully implements ISTOP later this year, enacting this legislation into law becomes even more important. All New York consumers should have equal protection whether they receive their prescriptions from an in-state pharmacy or an out-of-state pharmacy.

Requiring the SP to hold a license from the state to which the pharmacy ships prescription medications is not an new concept. In fact, Arizona, Arkansas, Kentucky, Maryland, Nebraska and Tennessee have added this provision to their laws. Pharmacists are frequently licensed in more than one state. In the case of a mail service pharmacy, requiring the SP to be licensed in every state to which medications are shipped makes good public policy sense.

Legislative history

New bill.

Fiscal implications

None to the State.

Effective date

Immediately.