Enacts the topical medication safety and efficacy act

BILL NUMBER:S5510

Title of bill

An act to amend the education law, in relation to enacting the topical medication safety and efficacy act

Purpose

This bill gives physicians the limited and specific ability to dispense topical, aesthetic pharmaceuticals where such distribution would enhance the safety or efficacy of the medication for that patient.

Summary of provisions

Section one contains a short title for the act. Section two contains legislative findings and intent. Section three amends section 6802 of the education law to provide a definition of an aesthetic pharmaceutical fox purposes of the act. Section four amends subdivision 2 or section 6807 of the education law and adds a new subparagraph 10 to allow physicians to dispense certain aesthetic pharmaceuticals in excess or the seventy-two hour supply limit generally imposed by subdivision 2 of Section 6807. Section five establishes the effective date.

Existing law

Currently, physicians are limited to dispensing a 72 hour supply of prescription drugs unless they meet one of the exemptions provided in section 6807(2) of the education law.

Justification

Modern pharmaceutical research has expanded the ability of physicians to heel their patients, but these new discoveries require not just new chemical compounds, but also occasionally require new methods of administering treatments and distributing medicines to patients. Certain topically applied medications are more safely and effectively administered when a patient obtains them directly from the physician's office, where the patient can learn correct application techniques under the physician's supervision, can ask follow up questions, and can receive advice on modifying the application regimen to respond to the patient's particular condition.

This is particularly true in the case of medications used to treat skin discoloration affecting people of color and pregnant women, as well as medication used to help cancer patients prevent eye injuries by restoring eyelashes lost as a side effect of chemotherapy. in those eases, the sensitivity of the skin and eyes means that patients often require additional guidance from physicians in the proper administration of treatments.

Although these medications currently help millions of patients around the country, New York is one of just three states that prohibit physicians from dispensing prescription medications to their patients in their offices. Because some topical medications are simply more effective when dispensed by physicians to their patients, certain topical medications are not as widely available to New York patients

as in others states, limiting some patients' access to desired treatments and driving others to seek treatment out of state. This legislation would bring New York in line with the rest of the country and permit limited physician dispensing

Fiscal implications

None.

Legislative history

New Bill.

Effective date

Immediately.