BILL NUMBER: S406
SPONSOR: BROUK
 
TITLE OF BILL:
An act to amend the education law, in relation to the registration of
nonresident pharmacies, manufacturers, wholesalers and outsourcing
facilities that deliver prescription drugs to other establishments,
authorized prescribers and patients residing in this state
 
PURPOSE:
This bill would authorize pharmacies to receive prescription drugs from
other pharmacies outside of New York that are not registered with the
New York State Education Department, guaranteeing patient access to
medications in the case of a public health emergency.
 
SUMMARY OF PROVISIONS:
Section 1 amends New York State Education Law by adding a new section
6808b that would permit unregistered pharmacies from outside New York to
ship, mail or deliver prescription drugs to pharmacies in-state in cases
of a specific patient need or a declared public health emergency. This
authorization is on the condition that said pharmacies are appropriately
licensed within their home states and adhere to additional documentation
requirements.
Section 2 sets the effective date.
 
JUSTIFICATION:
The outbreak of the COVID-19 pandemic disrupted pharmaceutical supply
chains across the state, hindering patient access to vital drugs. To
safeguard the needs of state residents, Governor Andrew Cuomo issued
executive order 202.15 which allowed New York pharmacies to exchange
medications with other unregistered pharmacies located out-of-state.
Subsequently, thousands of transactions have occurred among pharmacies,
allowing New York residents to maintain access to prescription medica-
tions amid a public health crisis. This bill is needed to codify the
Governor's executive order and provide long-term security to pharmacies
and patients.
This bill would secure patient access to prescription medications during
the ongoing COVID-19 pandemic as well as any future public health emer-
gencies. Also, it would reduce pharmaceutical waste by allowing small
and independent pharmacies to sell excess medication that would other-
wise expire. Many states across the country have adopted similar legis-
lation, leaving New York behind in ensuring reliable access to
prescription medications. Cementing the ability of New York pharmacies
to exchange prescription drugs with other pharmacies outside of the
state, not registered with the Education Department, would protect the
health of all New York residents and update New York law to reflect a
new national standard.
 
LEGISLATIVE HISTORY:
2022: S9448 - Passed both houses; Vetoed Memo.176.
2023: S982 - Passed Senate; Reported and committed to Rules.
2024: S982 - Referred to Higher Education.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect ninety days after becoming law.

Statutes affected:
S406: 6808-b education law, 6808-b(2) education law