2014 New York State Legislative Session Summary of Pharmacy Legislation (Status at the end of the 2014 Session)

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2014 New York State Legislative Session

Summary of Pharmacy Legislation

(Status at the end of the 2014 Session)

CDTM Expansion A7521-A McDonald – No same as

SUMM : Amd §6801-a, Ed L; amd §5, Chap 21 of 2011, expansion of demonstration project that authorizes pharmacists to perform collaborative drug therapy management

Last Act: 05/13/14 amend and recommit to Higher Ed, print number 7521a S5000 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: 01/08/14 referred to Higher Ed

CDTM Extension A9715 Glick – Same as S7435 LAVALLE

SUMM : Amd §5, Chap 21 of 2011, extends by one year provisions of law relating to

authorizing pharmacists to perform collaborative drug therapy management with physicians in certain settings

Last Act: 06/09/14 passed Assembly

Same as S7435 Last Act: 06/16/14 passed Senate 07/22/14 signed in law by Governor, Chap. 125

Citizenship A1160 Cahill (MS) -- Same as S981 LIBOUS

SUMM : Amd Ed L generally, eliminates the licensure requirement of citizenship or permanent residence where such requirement presently exists in the professions of certified shorthand reporting, chiropractic, dental hygiene and dentistry, landscape architecture, land surveying, massage, medicine, midwifery, pharmacy,

professional engineering, veterinary medicine and veterinary technology

Last Act: 02/10/14 passed Assembly, delivered to Senate, referred to Higher Ed Same as S981 Last Act: 01/08/14 referred to Higher Ed

Underlying law ruled unconstitutional by U.S. Court of Appeals, Second Circuit, decided July 10, 2012

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Conscience Clause A883 Liftin (MS) -- Same as S1336 PARKER

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

Same as S1336 Last Act: 01/08/14 referred to Higher Ed S3146 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: 01/08/14 referred to Higher Ed

Consumer Education and Protection A363 Dinowitz (MS) -- Same as S2239 GOLDEN

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: 01/14/14 passed Assembly, delivered to Senate, referred to Aging Same as S2239 Last Act: 01/08/14 referred to Aging

A1372 Cahill – No same as

SUMM : Add §392-j, 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: 01/08/14 referred to Consumer Affairs and Protection

A2256 Weprin -- Same as S905 LAVALLE

SUMM : Amd Art 38-A Art head, S820, 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: 01/08/14 referred to Consumer Affairs and Protection

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A2697 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: 01/30/14 advanced to third reading cal. 414

A3320 Jacobs – No same as

SUMM : Amd §6810, Ed L, authorizes the state board of pharmacy, in conjunction with the state consumer

protection board, to prepare and publish a guide explaining the purpose, function and availability of generic drugs; requires prescribers of drugs not approving a generic substitution to inform the patient of the reasons for such non-approval.

Last Act: 01/08/14 referred to Consumer Affairs and Protection A8612-A McDonald – Same as S6449-A HANNON

SUMM : Amd §6810, Ed L, requires pharmacies to contact a patient or the patient's caregiver before delivering prescriptions.

Same as S6449-A Last Act: 06/12/14 passed Senate

Cost Containment A308 Dinowitz -- Same as S1387 DIAZ

SUMM : Add §249-a, Eld L, relates to establishing the NYS prescription medication cost containment program.

Last Act: 01/08/14 referred to Aging

Same as S1387 Last Act: 01/08/14 referred to Aging S1386 Diaz – Same as A4003 CRESPO

SUMM : Add §159-d, Civ Serv L, relates to establishing the New York state prescription medication cost

containment program.

Last Act: 01/08/14 referred to Civil Service and Pensions

Same as A4003 Last Act: 01/08/14 referred to Governmental Employees

A4643 Englebright (MS) – No same as

SUMM : Amd §2803-e, Pub Health L, provides that residential health care facilities may return and redistribute

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unused medication provided that such medication is in the manufacturer's original, tamper evident packaging; directs the commissioner of health to establish a reasonable fee of reimbursement of costs related to the receipt,

restocking and redistribution of such medication payable to the pharmacy to which such medication is returned.

Last Act: 01/08/14 referred to Health

Criminal Offenses A120 Cusick (MS) – Same as S4163 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: 01/08/14 referred to Codes

Same as S4163 Last Act: 01/08/14 referred to Codes S1177 Martins – Same as A5767 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: 01/08/14 referred to Codes

Same as A5767 Last Act: 05/28/14 held for consideration in Codes A3359 Lavine -- Same as S1388 SKELOS

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: 01/08/14 referred to Codes

Same as S1388 Last Act: 06/09/14 passed Senate, delivered to Assembly, referred to Codes S659 Sampson – No same as

SUMM : Amd §270.10, Pen L, provides that any person who shall abandon in a public place, any controlled

substance or dangerous drug as defined in article 220 or 221 of the penal law, shall be guilty of creating a hazard.

S2430 Klein (MS) -- Same as A1058 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.

Same as A1058 Last Act: 01/08/14 referred to Codes S2941 Hannon – No same as

SUMM : Add §220.66, Pen L, establishes the class B felony of criminal sale of a controlled substance by a

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Last Act: 03/10/14 passed Senate, delivered to Assembly, referred to Codes

S2942 Hannon (MS) – Same as A4085 O’DONNELL (MS)

SUMM : Amd §§178.00 - 178.25, add §178.30, Art 179 SS179.00 - 179.15, Art 219 Title M §§219.00 - 219.30, Pen L, relates to criminal diversion of prescription medications and prescriptions;

establishes the offense of fraudulent prescription, dispensing and procurement of non-controlled substance prescription medications and devices; establishes the offense of unlawful possession of non-controlled substance prescription medications and devices.

Last Act: 03/27/14 passed Senate, delivered to Assembly, referred to Codes Same as A4085 Last Act: 01/08/14 referred to Codes

Cultural Issues & Competence A2889 Camara (MS) -- Same as S2717 ADAMS

SUMM : Amd §206, Pub Health L, directs the commissioner of health to promulgate rules and regulations for the labeling of prescription drugs in languages other than English.

Same as S2717 Last Act: 01/23/13 referred to Health

Dietary and Nutritional Supplements S1649 Lavalle –Same as A4885 ORTIZ

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: 01/08/14 referred to Agriculture

Same as A4885 Last Act: 01/08/14 referred to Agriculture

Disclosure of Addiction Risks S547 Kennedy – No same as

SUMM : Add §3317, Pub Health L; add §19.18, 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.

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Dispensing by Non-pharmacist Practitioners A5571 Gibson (MS) – Same as S5510 GRISANTI

SUMM : Amd §§6802 & 6807, Ed L, enacts the topical medication safety and efficacy act which 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. Last Act: 12/06/13 enacting clause stricken

Same as S5510 Last Act: 04/28/14 recommit, enacting clause stricken

Drug Disposal A228 Miller – 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: 01/08/14 referred to Health A1584-A Maisel – 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: 06/17/13 amend & recommit to Health, print number 1584A S642 Stavisky – 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.

A1609 Cymbrowitz (MS) – Same as S6691 BOYLE

SUMM : Amd §19.09, Ment Hyg L, relates to the disposal of drugs, drug disposal sites and home pharmaceutical collection.

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Drug Repository Programs A3329 Morelle (MS) – No same as

SUMM : Add §6829, 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.

Expiration Dates S1310 Stavisky - No same as

Add Art 33-B §3398, Pub Health L, requires expiration dates of prescribed drugs dispensed by a pharmacy to be

listed on the package label for consumers; provides for enforcement of such provisions by the attorney general.

Last Act: 01/14/13 recommit, enacting clause stricken

Gift and Marketing Disclosure A1474 Colton -- No same as

SUMM : Amd §206, Pub Health 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.

Heroin and Opioid Abuse Legislative Package A10155 Peoples-Stokes (MS) – Same as S7907 MARCELLINO

SUMM : Add §178.26, Pen L, creates the offense of prescription medication fraud and deceit. Last Act: 06/19/14 passed Assembly

A10154 Hennessey (MS) – Same as S7902 HANNON

SUMM : Amd §220.65, Pen L, relates to criminalizing the sale of a controlled substance by a practitioner

or pharmacist.

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06/23/14 signed in law by Governor, Chap. 31 A10157 Stirpe (MS) – Same as S7908 HANNON

SUMM : Amd §700.05, CP L; amd §460.10, Pen L, relates to the designation of criminal sale of a prescription for a controlled substance or a controlled substance by a practitioner or

pharmacist.

A10158 Cymbrowitz (MS) – Same as S7906 MARTINS

SUMM : Add §3385-a, Pub Health L, allows certain employees of the bureau of narcotic enforcement access to criminal history information.

Same as S7906 Last Act: 06/19/14 passed Senate 06/23/14 signed in law by Governor, Chap. 35 A10161 Cymbrowitz (MS) – Same as S7911 BOYLE

SUMM : Amd §19.07, Ment Hyg L, relates to a heroin and opioid addiction awareness and education program.

A10163 Cymbrowitz (MS) – Same as S7910 MARTINS

SUMM : Amd §804, Ed L, relates to updating instruction on drugs in health education courses. Last Act: 06/19/14 passed Assembly

A10156 Dinowitz (MS) – Same as S7905 MARCHIONE

SUMM : Amd §3309, Pub Health L, relates to requiring an informational card or sheet prior to distribution of opioid antagonists in certain cases.

Medical Marijuana A6357-A Gottfried (MS) – Same as S4406-A SAVINO

SUMM : Add Art 33 Title 5-A §§3360-3369-e, amd §3371, Pub Health L; add Art 20-B §§490 & 491, Tax L; amd §171-a, Tax L; add §89-h St Fin L; amd §853, Gen Bus L; amd §221.00, Pen L; add Art 179 §§179.00 – 179.15, Pen L; amd §§216.00 & 410.91, CP L, Relates to the medical use of marihuana; legalizes the possession, manufacture, use, delivery, transport or

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caregiver for a certified medical use; prescribes procedures for such possession, acquisition, etc. including certification of patients by their practitioner, and that, in the practitioner's professional judgment, the

patient would receive therapeutic or palliative benefit from use of medical marihuana. Last Act: 06/19/14 repassed Assembly

Same as S4406-A Last Act: 06/20/14 passed Senate 07/05/14 signed in law by Governor, Chap. 90 S1682 Montgomery – No same as

SUMM : Add Art 33 Title 5-A §§3360 - 3367, Pub Health L, legalizes the possession, manufacture, sale, administration, delivery, dispensing and distribution of marijuana in connection with medical use thereof for certified patients; prescribes procedures for such possession, manufacture, sale, etc. including certification of patients by their practitioner, for a specified period, not to exceed one year (to the effect that the patient has a serious condition, and that the patient is under the practitioner's care for such condition, and that, in the practitioner's medical judgment, the condition can and should be treated with the medical use of marijuana); permits registered organizations to sell, administer, deliver, etc. marijuana to certified patients or the caregiver of a certified patient for certified medical use; permits caregivers of a certified patient to sell, administer, deliver, etc. marijuana to a certified patient for medical use, and also permits any federal, state or local law enforcement agency to sell, deliver, distribute, etc. marijuana to a registered organization; provides that possession or manufacture of marijuana shall not be lawful under these provisions if it is consumed or displayed in a public place or if the aggregate weight of the preparation, compound, etc. exceeds 8 ounces, excluding the weight of any food; directs the department of health to monitor such use and promulgate rules and

regulations; provides for reports by practitioners and evaluation and reporting by the department Last Act: 01/08/14 referred to Health

Pain Management A3360 Cusick (MS) – No same as

SUMM : Add §§6529-a & 6505-d, Ed L; amd §3309-a, Pub Health L, relates to certain

mandatory medical education requirements; requires mandatory coursework or training relating to prescription pain medication and

opiate-dependent patients.

Last Act: 01/08/14 referred to Higher Ed S2861-A Maziarz – No same as

SUMM : Add §§6529-a & 6505-d, Ed L; amd §3309-a, Pub Health L, relates to certain

mandatory medical education requirements; requires mandatory coursework or training relating to prescription pain medication and

opiate-dependent patients.

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A3842 Paulin (MS) – Same as S3904 HANNON

SUMM : Amd §§270, add S280-a, Pub Health L, defines pedigree for prescription drugs as an electronic record containing information regarding each distribution of a prescription drug, originating from a manufacturer, through acquisition by or transfer to one or more wholesalers, manufacturers, or pharmacies, until final sale or transfer to a pharmacy or other person

furnishing, administering, or dispensing the prescription drug. Last Act: 01/08/14 referred to Health

Pharmaceutical Substitution A249 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: 01/08/14 referred to Higher Ed A877 Bronson -- Same as S1753 MARTINS

SUMM : Add §3346, Pub Health L, prohibits the substitution of opioid analgesic drugs for an opioid analgesic

drug incorporating tamper resistance technology; requires pharmacist to verify equivalence or obtain written consent of prescribing physician.

A2621 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; if done the pharmacist must record the request.

Last Act: 03/10/14 held for consideration in Consumer Affairs and Protection A3062 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.

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A1447 Zebrowski (MS) -- No same as

SUMM : Amd §§3216, 3221 & 4303, Ins L, provides that every policy which provides coverage for prescribed drugs shall provide coverage for any drug most likely to provide relief; establishes certain exceptions.

Last Act: 01/08/14 referred to Insurance A2655 Titus (MS) -- 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: 01/08/14 referred to Insurance A4702 Curran -- 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: 04/08/14 held for consideration in Insurance A4787 Perry (MS) -- No same as

SUMM : Add Art 2-B SS285 - 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: 02/06/14 advanced to third reading cal. 104 S670 Avella -- Same as A6130 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: 01/08/14 referred to Insurance

Same as A6130 Last Act: 01/08/14 referred to Insurance

S1086 Maziarz -- No same as

SUMM : Add §271-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: 01/08/14 referred to Health S2786-A Defrancisco – No same as

SUMM : Amd §§367-a & 369-ee, Soc Serv L, requires the collection of prescription drug co-payments at the point of sale in pharmacies.

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A4740 Schimminger – No same as

SUMM : Amd §§367-a & 369-ee, Soc Serv L, requires the collection of prescription drug co-payments at the point of sale in pharmacies.

Pharmacy Technicians S6398 Griffo – Same as A4221-A ENGELBRIGHT (MS)

SUMM : Add S6805-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: 01/21/14 referred to Higher Education

Same as A4221-A Last Act: 01/08/14 referred to Higher Education

Prescribing by Optometrists A2192-A Paulin (MS) – Same as S7678-A LIBOUS

SUMM : Amd §§7101-a & 7106, 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 25 hour phase three therapeutic pharmaceutical agent certification course of didactic education; permits the commissioner of health to recommend other categories of drugs that may also be prescribed.

Last Act: 05/28/14 amend and recommit to Higher Ed, print number 2192a

Same as S7678-A Last Act: 05/30/14 amend and recommit to Higher Ed, print number 7678a S975-A Paulin (MS) – No same as

SUMM : Amd §§7101-a & 7106, 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 25 hour phase three therapeutic pharmaceutical agent certification course of didactic education; permits the commissioner of health to recommend other categories of drugs that may also be prescribed.

Prescription Monitoring & Diversion A1359-C Cymbrowitz (MS) – Same as S4652-B VALESKY

SUMM : Add §391-oo, Gen Bus L, relates to the sale of over-the-counter methamphetamine precursor drugs.

Last Act: 05/21/14 amend and recommit to Consumer Affairs and Protection, print number 1359-C

Same as S4652-B Last Act: 06/09/14 passed Senate, delivered to Assembly, referred to Consumer Affairs and Protection

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A4085 O’Donnell (MS) – Same as S2942 HANNON

SUMM : Amd §§178.00 - 178.25, add S178.30, Art 179 SS179.00 - 179.15, Art 219 Title M §§219.00 - 219.30, Pen L, relates to criminal diversion of prescription medications and

prescriptions; establishes the offense of fraudulent prescription, dispensing and procurement of non-controlled substance prescription medications and devices; establishes the offense of unlawful possession of non-controlled substance prescription medications and devices. Last Act: 01/08/14 held for consideration in Higher Ed

Same as S2942 Last Act: 03/27/14 passed Senate, delivered to Assembly, referred to Codes S483 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: 01/08/14 referred to Higher Ed

S2364 Klein – Same as A4863 GJONAJ

SUMM : Amd §§3332 & 3371, add §§3375 & 3376, Pub Health L, requires information on each prescription issued by a practitioner to be submitted to the department of health; grants an

exemption from the confidentiality provisions for prescriptions when a disclosure is made to a pharmacist when a patient has obtained controlled substances from another pharmacist, thus indicating drug abuse or diversion; directs the department of health to establish a report on prescription patterns in the state; and establishes a safe disposal of prescription drugs task force. Last Act: 01/08/14 referred to Health

Same as A4863 Last Act: 01/08/14 referred to Health

Telepharmacy A4925 Blankenbush (MS) – No same as

SUMM : Amd §6802, add §6831, 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: 03/18/14 held for consideration in Higher Ed

Tobacco Sales S3607 Lanza – Same as A7418 TITONE

SUMM : Add §1399-dd-1, Pub Health L, provides for the prohibition of sale of tobacco products at pharmacies and pharmacy departments.