Requires pharmacies to contact a patient or the patient's caregiver before refilling prescriptions

Summary of provisions

Section 1 amends Education Law § 6810(2) to provide that a pharmacy registered with the Department under Section 6808 of the Education Law may not deliver a prescription without the consent of the patient or an individual authorized to consent on the patient's behalf. Consent shall include one of the following: (1) the patient or authorized individual's signature of acceptance of each prescription delivered;(2) the pharmacy may contact the patient or other authorized individual for consent to deliver and must document consent in the patient record; or (3) for pharmacies that administer refill reminder or medication adherence programs and deliver off premises, if a signature is not received on each prescription, then the refill reminder program or medication adherence program shall be an OPT-IN program that is updated with patient consent every 180 days accompanied by a documented patient record review by a licensed pharmacist from the providing pharmacy and the patient before continuation of medication delivery can occur.

Pharmacy providers who deliver medication without patient or authorized individual consent will be required to accept the return of the medication from the patient, provide that patient credit for any charges they may have paid, and will be required to destroy those medications sent without consent on delivery in accordance with applicable state and federal law. Nothing in this section shall be deemed to interfere with the requirements for refill reminder or medication adherence programs. Nothing in this section is intended to apply to long-term care pharmacy dispensing and delivery.

Section 2 provides effective date.

Justification

The intent of this bill is to reduce medication waste, control cost, provide consumer protection and improve patient compliance by prohibiting pharmacies from automatically delivering new or refilled prescription medications to patients without their consent or the consent of an authorized individual on their behalf.

Prescription medications, when taken appropriately under the supervision of a prescriber and consultation with a pharmacist, can be safe and effective. Unfortunately, as the utilization of prescription drugs has grown, medication waste has also increased both statewide and nationally. As excessive medication quantities accumulate in

households they can fall into the wrong hands and lead to abuse, medical emergencies and other tragic consequences. Furthermore, excessive supplies of prescription products can easily cause patients to become confused, take the wrong medication, or take it incorrectly. Medication errors such as these translate directly into impaired health, therapy failures and increased hospitalizations.

The United States Drug Enforcement Administration's National Prescription Drug Take-Back Initiative, which is aimed at providing a safe, convenient, and responsible means of disposing of prescription drugs, has taken back nearly three million pounds of unused and expired medications as a result of six nationwide take-back events. Additionally, the National Pharmacy Community Pharmacists Association "Dispose my Meds" program has netted more than 150,000 lbs. of unused or expired non-controlled prescription medications. Hundreds of such examples exist. Excessive supplies of prescription drugs in homes represent a waste of taxpayer dollars, an opportunity for diversion and misuse, and the potential for real patient harm.

In the Centers for Medicare & Medicaid Services (CMS) call letter dated April 1, 2013 sent to Medicare Advantage plans stated the following, "We received a number of comments that indicate beneficiaries return large quantities of unneeded medications to community pharmacies for take-back programs because they were unable to stop auto-ship refill programs." This has led to consideration of a new CMS policy designed to cut waste and save taxpayer dollars by prohibition of auto-filling of prescriptions at the national level with federally funded Medicare Part D Plans. This is sound public policy that keeps the consumer in charge. This legislation would implement this policy at the state level.

Legislative history

New bill.

Fiscal implications

None to the state.

Effective date

This bill shall take effect immediately; provided, however, that if this act shall take effect on or after January 1, 2015, the commissioner of education shall promulgate any rule or regulation necessary to implement the provisions of this act on or before January 1, 2015.