What's happening
This bill requires nonresident pharmacies serving New York to be managed by a New York-licensed pharmacist at all times.
Why it matters
Strengthens oversight and accountability. by requiring nonresident pharmacies serving New York patients to always have a New York-licensed pharmacist in charge, potentially improving patient safety and compliance with state standards.
Levels the playing field. for in-state and out-of-state pharmacies by holding nonresident operations to the same licensing requirements as New York-based pharmacies, possibly impacting large mail-order or online pharmacies.
Could affect access and costs. as nonresident pharmacies may need to hire or contract with New York-licensed pharmacists, which might increase operational costs or limit which pharmacies can serve New York patients.
Enhances consumer protections. by ensuring that patients have access to pharmacists who are familiar with New York law and standards, especially important for resolving medication issues or complaints.
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Who cares
Headline styles
Require NY-Licensed Pharmacy Oversight
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to higher education
- Referred to higher education
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2756
2017-2018 Regular Sessions
IN SENATE
January 17, 2017
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to conditions of registration for nonresident pharmacies
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 5 of section 6808-b of the education law, as amended by chapter 567 of the laws of 2002, is amended to read as follows:
5. Additional requirements. Nonresident pharmacies registered pursuant to this section shall:
a. Be under the immediate supervision and management of a pharmacist with a valid New York state license at all hours when open;
b. Provide a toll-free telephone number that is available during normal business hours and at least forty hours per week, to enable communication between a patient in this state and a pharmacist at the pharmacy who has access to the patient's records; and
[b] c. Place such toll-free telephone number on a label affixed to each drug or device container.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08102-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 5 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
2015-16 S.489A/A.5448A; 2013-14 S.5392A/A7702.
Fiscal implications
None to the State.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.