New York A 5029: Relates to the substitution of brand name epinephrine auto-injectors with alternate epinephrine auto-injectors

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A05029 Summary:

BILL NOA05029 

&nbsp

SAME ASSAME AS S01795

&nbsp

SPONSORJacobson

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §6816-a, Ed L

&nbsp

Relates to the substitution of brand name epinephrine auto-injectors with alternate epinephrine auto-injectors in certain cases.

Go to top A05029 Actions:

BILL NOA05029 

&nbsp

02/11/2025referred to higher education

01/07/2026referred to higher education

Go to topA05029 Committee&nbspVotes:

Go to topA05029 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05029 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5029

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 11, 2025
 ___________

 Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
 tee on Higher Education

 AN ACT to amend the education law, in relation to the substitution of
 brand name epinephrine auto-injectors with alternate epinephrine auto-
 injectors for dispensation by pharmacists

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 6816-a of the education law is amended by adding a
 2 new subdivision 6 to read as follows:
 3 6. (a) Notwithstanding subdivision two of this section or any other
 4 section of law to the contrary, when a patient is prescribed a brand
 5 name epinephrine auto-injector, a pharmacist may substitute an alternate
 6 epinephrine auto-injector containing the same active ingredients, dosage
 7 form and strength as the brand name product prescribed, ordered or
 8 demanded, regardless of whether the alternate epinephrine auto-injector
 9 is included in the latest list of interchangeable drug products for the
 10 prescribed epinephrine auto-injector device, provided that:
 11 (i) the prescriber does not indicate that the prescription therefor
 12 shall be dispensed as written pursuant to paragraph (a) of subdivision
 13 six of section sixty-eight hundred ten of this article;
 14 (ii) the alternate epinephrine auto-injector available would reflect a
 15 lower unit cost to the purchaser;
 16 (iii) the pharmacist has advised the purchaser of the availability of
 17 an alternate epinephrine auto-injector and obtained consent to dispense
 18 the alternate epinephrine auto-injector; and
 19 (iv) the pharmacist has counseled the patient or person authorized to
 20 act on the patient's behalf on the proper usage and operating features
 21 of the alternate epinephrine auto-injector.
 22 (b) For purposes of this subdivision "epinephrine auto-injector" shall
 23 have the same meaning as provided in paragraph (b) of subdivision one of
 24 section three thousand-c of the public health law.
 25 § 2. This act shall take effect immediately.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03148-01-5

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