What's happening
This bill allows pharmacies within outpatient mental health or substance abuse facilities, with specific restrictions and security requirements.
Why it matters
Increases access to medications for mental health and substance use patients. by allowing pharmacies to operate directly within outpatient clinics, making it easier for vulnerable populations to fill prescriptions at the point of care.
Imposes safeguards to prevent conflicts of interest and patient coercion. , such as prohibiting clinics from operating the pharmacy, sharing pharmacy revenue, or requiring patients to use the on-site pharmacy, thus protecting patient choice and ethical standards.
Requires strong security measures. for on-site pharmacies, mandating that drug storage areas remain secure and inaccessible when a pharmacist is not present, which addresses concerns about drug diversion and unauthorized access.
Reduces unnecessary logistical barriers. by allowing access to the pharmacy through the facility’s common areas and eliminating the need for a separate exterior entrance, thereby streamlining patient experience without compromising security.
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Who cares
Headline styles
Allow Pharmacies in Clinics
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to mental health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Clinics To Host Pharmacies
In Senate Committee · Mental Health And Developmental Disabilities · Sponsor Robert Ortt
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10092
IN ASSEMBLY
March 14, 2018
Introduced by M. of A. GOTTFRIED, SIMON, BARRETT -- read once and referred to the Committee on Mental Health
AN ACT to amend the mental hygiene law and the education law, in relation to integrated care and the location of pharmacies
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The mental hygiene law is amended by adding a new section 7.46 to read as follows: § 7.46 Operating certificates.
(a) The commissioner or the commissioner of the office of alcoholism and substance abuse services shall not deny an operating certificate pursuant to section 31.02 or 32.05 of this chapter to a facility providing out-patient or non-residential services for the mentally disabled or individuals suffering from chemical abuse or dependence that includes a pharmacy within the facility, provided that the pharmacy:
(1) conforms with paragraph g of subdivision two of section sixtyeight hundred eight of the education law;
(2) is not operated by the facility;
(3) does not share revenue of the pharmacy with the facility; and
(4) does not require or otherwise coerce patients to utilize such pharmacy.
(b) Furthermore, patients, clinic staff and other individuals may traverse the common waiting area within the clinic space to access such pharmacy, and the pharmacy need not have a separate public entrance leading from outside of the building to such pharmacy. Nothing in this subdivision shall prevent the facility from collecting rent from the operator of such pharmacy if such pharmacy is leasing space from the facility.
§ 2. Paragraphs g and h of subdivision 2 of section 6808 of the education law are relettered paragraphs h and i and a new paragraph g is added to read as follows:
g. A pharmacy within a facility providing out-patient or non-residential services for the mentally disabled or individuals suffering from chemical abuse or dependence. When a pharmacy is operated within a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13833-03-8
A. 10092 2
facility providing out-patient or non-residential services for the mentally disabled or individuals suffering from chemical abuse or dependence under an operating certificate issued by the commissioners of the office of mental health or the office of alcoholism and substance abuse services pursuant to section 31.02 or 32.05 of the mental hygiene law, the area compromising the pharmacy shall be secured, preventing unauthorized access to the pharmacy and drugs when a pharmacist is not on duty. Identification of the area within the pharmacy by use of the words "drugs", "medicines", "drug store", or "pharmacy" or similar terms shall be restricted to the area licensed by the department as a pharmacy. Patients, clinic staff and other individuals may traverse the common waiting area within the clinic space to access such pharmacy, and such pharmacy need not have a separate public entrance leading from outside of the building to such pharmacy.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.