Enacts the "topical medication safety and efficacy act"

BILL NUMBER:S7221

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 for purposes of the act. Section four amends subdivision 2 of section 6807 of the education law and adds a new subparagraph 10 to allow physicians to dispense certain aesthetic pharmaceuticals in excess of 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 heal 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 patient. For some topically applied medications, the safety and efficacy of the treatments are enhanced when patients can obtain their medicines directly from their physicians and immediately learning correct application techniques under the doctor's supervision.

This is especially true in the case of medications used to treat skin discoloration affecting people of color. Due to the sensitivity of the skin and eyes, patients often require additional guidance from physicians in the proper administration of treatments, and this method of instruction coupled with dispensing by physicians currently helps millions of patients around the country.

Unfortunately, New York State law has failed to similarly keep pace with medical developments, and New York is one of only five states in the nation that prohibits the dispensing of medications by physicians. This has resulted in certain medications not be as accessible to New York patients as they are in other states, keeping some patients away from desired treatments, and driving others out of state to obtain treatment.

To address this, this bill would allow consumers to access, in a doctor's office setting, certain identified pharmaceuticals that are dispensed only to change physical appearance if a doctor meets specified criteria.

Fiscal implications

None.

Legislative history

New Bill.

Effective date

Immediately.