What's happening
This bill allows pharmacies to be located within outpatient mental health and substance abuse facilities under specific conditions.
Why it matters
Improves access to critical medications. for individuals receiving mental health or substance abuse treatment by allowing pharmacies onsite, potentially increasing convenience and adherence to treatment plans.
Protects patient choice and independence. by explicitly prohibiting facilities from requiring or coercing patients to use the onsite pharmacy, and banning revenue sharing between the pharmacy and the treatment facility.
Sets clear security and operational standards. for onsite pharmacies, such as requiring secure storage when pharmacists are not present and restricting the use of pharmacy-related signage to the licensed area, ensuring safety and regulatory compliance.
Facilitates integrated care models. by removing regulatory barriers to co-location, which could foster better coordination between clinical services and pharmacy support while still maintaining necessary boundaries and safeguards.
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Who cares
Headline styles
Allow Clinics To Host Pharmacies
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 62
3 Co-sponsors
History
- Print number 7042a
- Amend and recommit to mental health and developmental disabilities
- Referred to mental health and developmental disabilities
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 Pharmacies in Clinics
In Assembly Committee · Mental Health · Sponsor Richard Gottfried
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7042--A
IN SENATE (Prefiled)
January 3, 2018
Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13833-02-8
S. 7042--A 2
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 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.
Sponsor's memo
Title of bill
An act to amend the mental hygiene law and the educa- tion law, in relation to integrated care and the location of pharmacies
Purpose
This legislation allows for the co-location of pharmacies within mental health clinics and article 32 substance abuse clinics.
Summary of provisions
Section 1 states that the commissioner shall not deny an operating certificate to a facility providing out-patient, nonresidential services, or article 32 substance abuse clinics for the mentally disa- bled that include a pharmacy with the facility as long it conforms with appropriate laws, is not operated by the facility, does not share reven- ue with the facility, and does not require or otherwise coerce patients to utilize the pharmacy.
Section 2 amends the education law states that a pharmacy under this section shall be secured, preventing unauthorized access to the pharmacy and drugs when a pharmacist is not on duty.
Section 3 is the effective date.
Justification
Allowing pharmacies to co-locate with mental health clinics and article 32 substance abuse clinics will lead to dramatically better outcome for these individuals. An individual suffering from mental illness who has an easier time to receive the appropriate medication is significantly more likely to continue taking this medication to treat their illness. It is well documented that medication adherence is the most important step a patient can take to have successful outcomes. Further, this adherence ensures lower Medicaid costs, and ensures the patient has less frequent occurrences of the need for treatment.
Legislative history
New Bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.