BILL NUMBER: S5352
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the education law, in relation to notification of the
substitution of one generic drug product for another generic drug
 
PURPOSE OR GENERAL IDEA OF BILL:
Requires a prescriber o pha farmcist to notify a patient if the generic
drug has changed from aeciously used generic drug.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section. 1 establishes the requirement to notify a patient orally and
writing if their generic drug has changed.
Section 2 provides that act shall take effect 90 days after enactment.
 
JUSTIFICATION:
Not all generic drugs are the same. Although provisions requiring a
pharmacist to notify a patient when their prescription has been filled
by a generic equivalent exist, a pharmacist is not obligated to notify a
patient if their prescription is filled with a different generic drug
then they have been receiving. The change in pill shape, form, color,
and potential effectiveness may cause, at minimum, confusion for
patients, and at worst over/under dosing requiring emergency medical
assistance. This bill seeks to better inform patients of changes to
their prescription drugs.
 
PRIOR LEGISLATIVE HISTORY:
2015-16 A.4605 Referred to higher Education; No Same As
2017-18 A.3669 Referred to Higher Education; No Same As
2019-20 A.5143 Referred to Higher Education; No Same As
2020-21 A.3575 Referred to Higher Education; No Same As
2023-24: S8633 HIGHER ED
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect 90 days after signed into law.

Statutes affected:
S5352: 6810 education law, 6810(6) education law