2015 Legislative SessionCollaborative Drug Treatment Management (CDTM) Medical Marijuana Pharmacy Technicians Summary of New York State Legislation (February 13, 2015) CDTM Expansion S280 LaValle – No same as SUMM : Amd §6801-a, Ed L; amd §5, Chap 21 of 2011, includes nurse practitioners as a provider of services for purposes of collaborative drug therapy management and makes the authorization for pharmacists to perform such management permanent Last Act: 01/07/15 referred to Higher Ed CDTM Extension A3000 BUDGET – Same as S2000 BUDGET SUMM : SFY 2015-16 New York State Executive Budget extends until 2018 current provisions of law relating to authorizing pharmacists to perform collaborative drug therapy management with physicians in certain settings, primarily teaching facilities (CDTM Demonstration Project) Last Act: 01/21/15 introduced and released by Governor Conscience Clause S556 Parker – No same as SUMM : Add §6810-a, Ed L, establishes duties for pharmacies when pharmacists employed by such pharmacy refuse to fill prescriptions on the basis of personal beliefs; requires a pharmacy to ensure the prescription is filled by another pharmacist; requires the pharmacy to inform individuals of items not in stock and requires such items to be ordered by another pharmacist without delay; sets forth penalty provisions Last Act: 01/07/15 referred to Higher Ed S2492 Krueger – No same as SUMM : Amd S6810, Ed L, prohibits pharmacists from refusing to dispense medication solely for philosophical, moral, or religious reasons. Last Act: 01/26/15 referred to Higher Ed Page 4 of 18 Consumer Education and Protection A363 Dinowitz (MS) – No same as SUMM : Add §224, Eld L, provides for the creation of a drug guide for seniors regarding the drugs commonly used by people over 62 years of age; provides that such guide will include functions and drug interactions. Last Act: 01/07/15 referred to Aging A468 Cymbrowitz (MS) -- Same as S627 VALESKY SUMM : Add §391-oo, Gen Bus L, regulates the sale of methamphetamine precursor drugs. Last Act: 01/07/15 referred to Consumer Affairs and Protection Same as S627 Last Act: 01/07/15 referred to Consumer Protection A1215 Cahill – No same as SUMM : Add §392-k, Gen Bus L, provides for the proper packaging and labeling of pharmaceutical drugs; creates penalties for intentional fraudulent replacement, packaging, and labeling of such drugs; provides for better consumer protection. Last Act: 01/08/15 referred to Consumer Affairs and Protection A2283 Gottfried -- Same as S718 RIVERA SUMM : Amd §§2 & 461-d, Soc Serv L, relates to rights of residents of adult care facilities; provides that residents have a right to be informed about their condition, treatment and medications. Last Act: 01/15/15 referred to Health Same as S718 Last Act: 01/07/15 referred to Social Services A2817 Weprin -- Same as S202 LAVALLE SUMM : Amd Art 38-A Art head, §820, Gen Bus L, makes it illegal to knowingly alter, mutilate, destroy, obstruct, obscure or remove, by means of a sticker, tag or other device used to deter theft, or a price sticker, or otherwise, the whole or any part of the label including where applicable the expiration date displayed thereon, of any over-the-counter drug or cosmetic. Last Act: 01/20/15 referred to Consumer Affairs and Protection Same as S202 Last Act: 01/07/15 referred to Consumer Protection Cost Containment A1999 Dinowitz -- Same as S470 DIAZ SUMM : Add §249-a, Eld L, relates to establishing the NYS prescription medication cost containment program. Last Act: 01/13/15 referred to Aging Same as S470 Last Act: 01/07/15 referred to Aging S461 Diaz – No same as SUMM : Add §159-d, Civ Serv L, relates to establishing the New York state prescription medication cost containment program. Last Act: 01/07/15 referred to Civil Service and Pensions Page 5 of 18 Criminal Offenses A61 Paulin – No same as SUMM : Add §6810-a, Ed L, relates to the unlawful transaction of prescription drugs; provides that a violation of this section is a class D felony and drugs packaged, sold, transferred, distributed, or delivered in violation of the section are subject to seizure. Last Act: 01/07/15 referred to Higher Ed A1238 Lavine – No same as SUMM : Add §220.66, Pen L, establishes the class B felony of criminal sale of a controlled substance upon the grounds of a drug or alcohol treatment center. Last Act: 01/08/15 referred to Codes A4061 McKevitt (MS) – No same as SUMM : Amd §265.09, Pen L, increases penalties for criminal use of a firearm in the first degree when committing a drug related felony offense. Last Act: 01/29/15 referred to Codes A4175 Kearns – No same as SUMM : Add §220.66, Pen L, criminalizes the sale, use and possession of synthetic drugs; provides various definitions for types of synthetic drugs. Last Act: 01/29/15 referred to Codes A4825 Cusick (MS) – Same as S3494 LANZA SUMM : Add §220.80, Pen L, establishes the crime of larceny of a controlled substance making it an A-II felony to steal a schedule II, III, IV, or V controlled substance from a pharmacy. Last Act: 02/06/15 referred to Codes Same as S3494 Last Act: 02/10/15 referred to Codes S210 Martins – Same as A3931 McKEVITT (MS) SUMM : Amd §§178.10, 178.15, 178.20, 178.25 & 220.65, Pen L, increases penalties for the crimes of criminal diversion of prescription medications and prescriptions in the first, second, third and fourth degrees and criminal sale of a prescription. Last Act: 01/07/15 referred to Codes Same as A3931 Last Act: 01/28/15 referred to Codes S1355 Klein -- Same as A987 RODRIGUEZ SUMM : Amd §§140.00, 140.15, 140.25 & 140.30, Pen L, elevates the severity of criminal trespass and burglary offenses committed upon the premises of a pharmacy. Last Act: 01/12/15 referred to Codes Same as A1058 Last Act: 01/08/15 referred to Codes Dietary and Nutritional Supplements S15 Lavalle –No same as SUMM : Amd §214-m, Ag & Mkts L, provides that no person shall manufacture, sell or expose for sale any product which shall be termed as a dietary supplement or nutritional supplement without branding or labeling such product with a statement that the product has or has not been tested by the United States food and drug administration; provides that the commissioner of agriculture and markets shall promulgate rules and regulations defining the terms dietary supplement and nutritional supplement. Last Act: 01/07/15 referred to Agriculture Disclosure of Addiction Risks A881 Cymbrowiz (MS) – No same as SUMM : Amd §19.09, Ment Hyg L, relates to the distribution of educational materials regarding the misuse of and addiction to prescription drugs. Last Act: 01/08/15 referred to Alcoholism and Drug Abuse Drug Disposal A710 Englebright – No same as SUMM : Ren Art 27 Title 27 §§27-2701 & 27-2703 to be Title 28 §§27-2801 & 27-2803, add §§27-2805, 27-2807 & 27-2809, En Con L, provides that drugs shall only be disposed of by means of a drug manufacturer collection program; requires all drug manufacturers to establish and conduct a collection program for expired and unused drugs; requires manufacturers to dispose of drugs in an environmentally sound manner. Last Act: 01/07/15 referred to Environmental Conservation A1001 Miller (MS) – No same as SUMM : Add Art 2-B §§290 & 291, Pub Health L, establishes the disposal of prescription drugs program, implementing a system by which pharmacies accept and dispose of any unused portions of prescription drugs prescribed to residents in this state. Last Act: 01/08/15 referred to Health A2855 Englebright (MS) – No same as SUMM : Add §§2811-a & 3317, Pub Health L, requires drug manufacturers to collect unused and expired drugs from hospitals and residential health care facilities for environmentally sound disposal thereof. Last Act: 01/20/15 referred to Health Drug Reimportation A2288 Englebright (MS) – No same as SUMM : Add Art 38-B §§830 & 831, Gen Bus L, relates to consumer protection from prescription drug reimportation and unlawful practices and enforcement and penalties. Last Act: 01/15/15 referred to Consumer Affairs and Protection S439 Gallivan – No same as SUMM : Add Art 38-B §§830 & 831, Gen Bus L, relates to consumer protection from prescription drug reimportation and unlawful practices and enforcement and penalties. Last Act: 01/07/15 referred to Consumer Protection Drug Repository Programs A2622 Morelle (MS) – No same as SUMM : Add §6832, Ed L, establishes under the direction of the state board of pharmacy a drug repository program to accept and dispense donated drug prescriptions; authorizes such board and the commissioner of health to promulgate rules and regulations; makes definitions; exempts such persons or entities who dispense such donated drugs from criminal or tort liability or professional disciplinary action. Last Act: 01/20/15 referred to Higher Ed End of Life Issues A2129 Rosenthal – No same as SUMM : Add Art 28-F §§2899-d - 2899-z, Pub Health L, establishes "the death with dignity act"; allows terminally-ill New Yorkers to end their lives through the voluntary self-administration of lethal medications, expressly prescribed by a physician for that purpose; requires a consulting physician to examine the patient and confirm, in writing, the attending physician's diagnosis that the patient is suffering from a terminal disease, and verify that the patient is capable, is acting voluntarily and has made an informed decision; requires an informed decision by the patient; a patient shall make an oral and written request, and reiterate the oral request to his or her attending physician no less than fifteen days after making the initial oral request; a patient may rescind his or her request at any time and in any manner without regard to his or her mental state; New York state residency required; requires reporting by the state board for medicine. Last Act: 01/15/15 referred to Health A5261 Paulin (MS) – No same as SUMM : Add Art 28-F §§2899-d - 2899-n, Pub Health L, relates to patient self-determination at end of life; authorizes a physician with a bona fide physician-patient relationship with a patient with a terminal illness or condition to prescribe a lethal dose of the medication to be self-administered; terminal illness or condition means an illness or condition which can reasonably be expected to cause death within six months, whether or not treatment is provided; provides immunity to health care providers. Last Act: 02/13/15 referred to Health S3685 Savino – No same as SUMM : Add Art 29-cccc §§2994-aaa - 2994-qqq, Pub Health L, establishes the New York end of life options act; authorizes the prescription of aid-in-dying medication to individuals with terminal illnesses; terminal illness means incurable and irreversible illness that has been medically confirmed that will result in death within six months; form must be signed by the qualified individual and by two witnesses; no liability or sanctions where the health care provider participates in good faith. Last Act: 02/13/15 referred to Health Experimental Drug Testing A3905 Wright (MS) -- No same as SUMM : Amd §617, NYC Chart, requires the New York city commissioner of the administration of children's services to obtain an order of consent from the court before allowing experimental drug testing on children under the care and/or control of the administration of children's services. Last Act: 01/28/15 referred to Health Expiration Dates & Safe Drug Handling A1615 Gottfried (MS) -- No same as SUMM : Add Art 33-B §3398, Pub Health L, enacts requirements relating to the safe handling of prescription drug samples by certain health care professionals; requires maintenance of certain records and information regarding samples received and distributed including expiration dates. Last Act: 01/12/15 referred to Health Gift and Marketing Disclosure A3680 DiPietro (MS) -- No same as SUMM : Add Art 2 Title 7 §§267 - 267-e, Pub Health L, enacts the New York state pharmaceutical drug manufacturer and wholesaler disclosure act; requires pharmaceutical drug manufacturers and wholesalers to annually report to the New York department of health, for disclosure to the general public, all of its gifts to health care practitioners that prescribe drugs when such gifts have a value of seventy-five dollars or more; authorizes the commissioner of health to impose penalties and promulgate necessary rules and regulations. Last Act: 01/27/15 referred to Health S2623 Krueger – No same as SUMM : Amd §206, Pub Health L, requires the commissioner to conduct a cost/benefit analysis of pharmaceutical advertising and promotional activities associated with the provision of prescription drugs to citizens in this state. Last Act: 01/27/15 referred to Health S2625 Krueger – No same as SUMM : Amd §206, Pub Health L; amd §§208 & 612, Tax L, requires manufacturers and labelers of prescription drugs dispensed in this state which engage in marketing activities in the state to annually report marketing expenses to the department of health; imposes a $10,000 civil fine for failure to report; eliminates deductibility for certain expenses incurred in the advertising of prescription drugs. Last Act: 01/27/15 referred to Health Immunizations A123 Paulin (MS) -- No same as SUMM : Amd §§6527, 6909, 6801 & 6802, Ed L; amd §4, Chap 274 of 2013; amd §8, Chap 563 of 2008; amd §§5 & 6, Chap 116 of 2012, relates to the administration of certain immunizations; requires immunizing agents be administered to adults by pharmacists; authorizes a licensed pharmacist and certified nurse practitioner to administer certain immunizing agents and meningococcal disease immunizing agents; makes provisions permanent. Last Act: 01/7/15 referred to Higher Ed A1536 Abinanti -- No same as SUMM : Add §2113, Pub Health L, requires authorized health care professionals, prior to administering a vaccine, to provide patients with information relating to genetically modified organisms, and provide them the option to receive a non-genetically modified organism vaccine. Last Act: 01/12/15 referred to Health A1706 Abinanti -- No same as SUMM : Add §2113, Pub Health L, bans the use of vaccines containing genetically modified organisms. Last Act: 01/12/15 referred to Health A2447 Abinanti -- No same as SUMM : Add §2113, Pub Health L, relates to the labeling of vaccines containing genetically modified organisms. Last Act: 01/16/15 referred to Health Pain Management A2230 Gottfried (MS) – No same as SUMM : Add Art 28-F §§2899-b - 2899-e, Pub Health L, requires health care professionals to order, prescribe, administer and dispense pain-relieving medications in accordance with professional standards and guidelines. Last Act: 01/15/15 referred to Health Pharmaceutical Substitution A145 Paulin (MS) – No same as SUMM : Rpld §206 sub 1 (o), add §280-a, Pub Health L; amd §§6810 & 6816-a, Ed L, requires the commissioner of health to establish and publish a list of generic drug products. Last Act: 02/10/15 reported referred to Codes A722 Rosenthal -- No same as SUMM : Amd §6816-a, Ed L, requires written notification to patients where a pharmacist is substituting a generic version of a drug product by one manufacturer for a generic version of a drug product by another manufacturer. Last Act: 01/07/15 referred to Higher Ed A2308 Gottfried (MS) -- Same as S2219 RIVERA SUMM : Amd §365-a, Soc Serv L, provides that the commissioner of health may exempt certain brand name drugs so that they fall under medical assistance umbrella. Last Act: 01/15/15 referred to Health Same as S2219 Last Act: 01/22/15 referred to Health A2382 Crouch (MS) -- No same as SUMM : Amd §6810, Ed L, authorizes a pharmacist to substitute a brand name prescription drug for the generic equivalent of such drug if requested to do so by the patient and record the request. Last Act: 01/16/15 referred to Consumer Affairs and Protection A2991 Aubry (MS) -- No same as SUMM : Add §3346, Pub Health L; amd §6816-a, Ed L, prohibits a pharmacist from substituting any anti-epileptic drug for the prescribed anti-epileptic drug without notification of and the informed consent of the prescriber and patient or such patient's parent, guardian or spouse. Last Act: 01/20/15 referred to Higher Ed A4605 Cymbrowitz (MS) -- No same as SUMM : Amd §6810, Ed L, requires notification by a prescriber or pharmacist of the substitution of one generic drug product for another generic drug product; oral and written notification. Last Act: 02/04/15 referred to Higher Ed A4785 Butler -- No same as SUMM : Amd §6816-a, Ed L, requires the brand name of a prescribed drug to be indicated on the label when substitute drug products are dispensed. Last Act: 02/06/15 referred to Consumer Affairs and Protection Pharmacy Benefit Managers & Third Party Payers A676 Rosenthal (MS) -- No same as SUMM : Add §280-a, Pub Health L, relates to establishing a pharmacy benefit manager contract appeals process. Last Act: 01/07/15 referred to Health A1174 Rodriguez (MS) -- No same as SUMM : Add §365-i, rpld §364-j subs 25 & 25-a, rpld & add §369-ee sub 2-b, Soc Serv L; amd §§2511, 270 & 272, Pub Health L, relates to prescription drugs in Medicaid managed care programs (“prescriber prevails” principle). Last Act: 01/08/15 referred to Health A1832 Gunther (MS) -- No same as SUMM : Amd §365-a, Soc Serv L, prohibits Medicaid's use of any prior approval or preferred drug list requirement for AIDS, HIV, infection, or hepatitis C. Last Act: 01/13/15 referred to Health A2210 Gottfried (MS) -- No same as SUMM : Amd §4406-c, Pub Health L; amd §§3217-b & 4325, Ins L, relates to certain prohibitions in contracts or agreements by health maintenance organizations; prohibits clauses which entitle reimbursement at the lowest price or rate; prohibits contracts which restrict referral of patients based solely upon a health care provider's status with a managed care product; prohibits disclosure of an enrollee's diagnosis on a prescription as a condition for authorizing coverage for payment or dispensing of a prescription; and prohibits contracts which allow for the substitution of a pharmaceutical drug or agent by any person other than the prescribing health care professional. Last Act: 01/15/15 referred to Health A2280 Englebright (MS) -- No same as SUMM : Add Art 2 Title 5 §260, Eld L, creates the state pharmaceutical local choice program to require that prescription drug plans within health insurance policies permit insureds who are 60 years of age or older to obtain pharmaceuticals from local pharmacies. Last Act: 01/15/15 referred to Aging A2291 Gottfried (MS) -- No same as SUMM : Add Art 2-A Title II-A §§280 - 280-g, renumber §280 to be §280-h, amd §280-h, rpld §280-h, Pub Health L, establishes the prescription drug discount program; establishes that the purpose of the program is to provide access to prescription drugs to participants at a discounted price and to allow for the negotiating of rebates that are exempt from the "best price" rule of the federal social security act; provides for the distribution of rebate funds and repeals a certain provision of the public health law relating thereto. Last Act: 01/15/15 referred to Health A2312 Gottfried (MS) -- No same as SUMM : Add §280-a, Pub Health L, provides for pharmacy benefit management and the procurement of prescription drugs to be dispensed to patients, or the administration or management of prescription drug benefits; sets forth definitions; provides for funds received by a pharmacy benefit manager to be received by the pharmacy in trust for the health plan or provider and provides for accountability of such funds. Last Act: 01/15/15 referred to Health A3273 Titus -- No same as SUMM : Amd §§3221, 3216 & 4303, Ins L, instructs the superintendent of insurance to deny policies imposing drug tiers based on expense or disease category and charging cost-sharing percentage for prescription medication. Last Act: 01/22/15 referred to Insurance A4871 Perry (MS) -- No same as SUMM : Add Art 2-B §§285 - 285-c, Pub Health L, prohibits pharmacy benefits managers, HMOs, insurers and health plans from offering incentives to health care providers to switch from one prescription drug to another specific prescription drug. Last Act: 02/09/15 referred to Health A4906 Curran (MS) -- No same as SUMM : Amd §§3216, 3221 & 4303, Ins L, prohibits health insurers from requiring that the insured purchase prescribed drugs from a mail order pharmacy or pay a co-payment fee when such purchases are not made from a mail order pharmacy if a similar fee is not charged for drugs from a mail order pharmacy. Last Act: 02/09/15 referred to Insurance A5178 Paulin (MS) -- No same as SUMM : Amd §§3216, 3221 & 4304, Ins L; amd §207, Pub Health L, provides for the dispensing of emergency contraception when provided pursuant to an ordinary prescription or order and when lawfully provided other than through a prescription or order; "emergency contraception" means one or more prescription or non-prescription drugs, used separately or in combination, in a dosage and manner for preventing pregnancy when used after intercourse, found safe and effective for that use by the United States food and drug administration, and dispensed or administered for that purpose. Last Act: 02/12/15 referred to Insurance S312 DeFrancisco -- No same as SUMM : Amd §367-a, Soc Serv L, requires the collection of prescription drug co-payments at the point of sale in pharmacies. Last Act: 01/07/15 referred to Health S668 Kennedy -- No same as SUMM : Amd §§3216, 3221 & 4303, Ins L, requires insurance companies to provide coverage for opioid-addiction treatment medications. Last Act: 01/07/15 referred to Insurance S695 Avella -- Same as A4477 RAMOS SUMM : Amd §§3216, 3221 & 4303, Ins L, provides that every insurance policy which provides coverage for prescription drugs shall insure that there is continuous coverage of a single source drug that is part of a prescribed therapy until such prescribed therapy is no longer medically necessary for the enrollee of such policy; defines "single source drug". Last Act: 01/07/15 referred to Insurance Same as A4477 Last Act: 02/02/15 referred to Insurance S1800 LaValle -- Same as A3120 MORELLE (MS) SUMM : Amd §3216, Ins L; amd §§3332, 3333 & 3339, Pub Health L; amd §365-a, Soc Serv L, prohibits insurance companies from limiting the quantity of drugs dispensed pursuant to a prescription; increases the quantity of drugs that may be prescribed from a thirty day supply to a ninety day supply. Last Act: 01/14/15 referred to Insurance Same as A3120 Last Act: 01/22/15 referred to Insurance S2530 Golden -- No same as SUMM : Amd §§3216, 3221 & 4303, Ins L, relates to the purchase (in context of reimbursement) of prescription drugs. Last Act: 02/26/15 referred to Insurance S3250 Little -- Same as A5174 MCDONALD (MS) SUMM : Amd §§3216, 3221 & 4303, Ins L, requires policies providing prescription drug coverage to cover vitamins and supplements to mitigate the symptoms of mitochondrial disease. Last Act: 02/03/15 referred to Insurance Same as A5174 Last Act: 02/12/15 referred to Insurance S3346 Hannon -- No same as SUMM : Add §280-a, Pub Health L, relates to establishing a pharmacy benefit manager contract appeals process. Last Act: 02/05/15 referred to Health Pharmacy Technicians S1883 Griffo – Same as A4841 ENGELBRIGHT (MS) SUMM : Add §6805-a, Ed L, establishes requirements for certification as a pharmacy technician; establishes no person shall act as a pharmacy technician unless registered by the state board of pharmacy. Last Act: 01/15/15 referred to Higher Education Same as A4841Last Act: 02/09/15 referred to Higher Education Prescribing by Optometrists A2803 Paulin (MS) – Same as S2063 LIBOUS SUMM : Amd §7101-a, Ed L, authorizes optometrists certified to use therapeutic pharmaceutical agents for the treatment or prevention of ocular disease, to also use specified oral pharmaceutical agents in their practices; requires completion of a 30 hour phase three therapeutic pharmaceutical agent certification course; permits the commissioner of health to recommend other categories of drugs that may also be prescribed. Last Act: 01/20/15 referred to Higher Ed Same as S2063 Last Act: 01/21/15 referred to Higher Ed Prescription Medication Abuse S609 Boyle – No same as SUMM : Amd §3331, Pub Health L, requires baseline and periodic and/or targeting drug testing to be utilized by clinicians prescribing prescription narcotic drugs. Last Act: 01/07/15 referred to Health S651 Kennedy – No same as SUMM : Add §§6524-a & 6905-a, amd §6827, Ed L, relates to continuing medical education requirements for doctors, nurses and pharmacists; requires three hours of training on the prevention, treatment and mitigation of opiate analgesics and psychotropic drug addiction. Last Act: 01/07/15 referred to Higher Ed S660 Kennedy – No same as SUMM : Add §3317, Pub Health L; add §19.18-b, Ment Hyg L, requires disclosure of addiction risks for certain prescription drugs; requires physicians, nurses and pharmacists to provide information on prevention, mitigation and treatment of prescription drug addiction and to have the patient sign a form acknowledging education of such risks. Last Act: 01/07/15 referred to Health Registration A60 Paulin (MS) – Same as S3487 LANZA SUMM : Amd §6808, Ed L, relates to applicant registration for wholesalers or manufacturers of prescription drugs; defines criminal history search. Last Act: 01/7/15 referred to Higher Education Same as S3487 Last Act: 02/10/15 referred to Higher Education Telepharmacy A5091 Blankenbush (MS) – No same as SUMM : Amd §6802, add §6832, Ed L, establishes and authorizes telepharmacy in this state; defines terms; creates telepharmacy satellite consultation sites and telepharmacy in hospitals; authorizes the filling of prescriptions at remote sites connected to central pharmacies via computer link, videolink and audiolink; makes exceptions. Last Act: 02/12/15 referred to Higher Ed Tobacco Sales S2909 Lanza – No same as SUMM : Add §1399-dd-1, Pub Health L, provides for the prohibition of sale of tobacco products at pharmacies and pharmacy departments. Last Act: 01/30/15 referred to Health New York State Regulatory Issues Proposed regulations published with 45-day public comment period in “NYS Register/December 31, 2014” regarding “Medical Use of Marihuana” Amendment of Subpart 55-2; and addition of Subpart 80-1 to Title 10 NYCRR. |