New York A 5562: Prohibits a pharmacist from substituting any anti-epileptic drug for a prescribed anti-epileptic drug without the informed consent of the prescriber and patient

Bill Text

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A05562 Summary:

BILL NOA05562 

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SAME ASNo Same As

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SPONSORJackson

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COSPNSR

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MLTSPNSR

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Add §3346, Pub Health L; amd §6816-a, Ed L

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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.

Go to top A05562 Actions:

BILL NOA05562 

&nbsp

02/14/2025referred to higher education

01/07/2026referred to higher education

Go to topA05562 Committee&nbspVotes:

Go to topA05562 Floor&nbspVotes:

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

Go to topA05562 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5562

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 14, 2025
 ___________

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

 AN ACT to amend the public health law and the education law, in relation
 to requiring notification of and the informed consent of the prescri-
 ber and the patient prior to the substitution of a prescribed anti-ep-
 ileptic drug

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

 1 Section 1. The public health law is amended by adding a new section
 2 3346 to read as follows:
 3 § 3346. Anti-epileptic drug product selection prohibited. 1. As used
 4 in this section:
 5 (a) "Anti-epileptic drug" means (i) any drug prescribed for the treat-
 6 ment of epilepsy or (ii) a drug used to treat or prevent seizures.
 7 (b) "Epilepsy" means a neurological condition characterized by recur-
 8 rent seizures.
 9 (c) "Seizure" means an acute clinical change secondary to a brief
 10 disturbance in the electrical activity of the brain.
 11 (d) "Interchange" means the substitution of one version of the same
 12 anti-epileptic therapeutic product, including a generic version for the
 13 prescribed brand, a brand version for the prescribed generic version, a
 14 generic version by one manufacturer for a generic version by a different
 15 manufacturer, a different formulation of the prescribed anti-epileptic
 16 drug or a different anti-epileptic therapeutic drug product for the
 17 anti-epileptic product originally prescribed.
 18 2. No pharmacist shall interchange an anti-epileptic drug or formu-
 19 lation of an anti-epileptic drug, brand or generic, for the treatment of
 20 epileptic seizures without the prior notification of and the signed
 21 informed consent of such interchange from the prescribing physician and
 22 the patient, or the patient's parent, legal guardian or spouse.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06133-01-5

 A. 5562 2

 1 § 2. The opening paragraph of subdivision 1 of section 6816-a of the
 2 education law, as added by chapter 776 of the laws of 1977, is amended
 3 to read as follows:
 4 [A] Except as provided in section thirty-three hundred forty-six of
 5 the public health law, a pharmacist shall substitute a less expensive
 6 drug product containing the same active ingredients, dosage form and
 7 strength as the drug product prescribed, ordered or demanded, provided
 8 that the following conditions are met:
 9 § 3. This act shall take effect immediately.

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