Bill > S00406

This bill amends the New York education law to create an exception that allows nonresident pharmacies (pharmacies located outside of New York) to ship, mail, or deliver prescription drugs to registered establishments in the state under specific circumstances, such as addressing a particular patient's need or during a declared public health emergency. The bill establishes detailed requirements for such transfers, including that the nonresident pharmacy must be licensed in its home state, the drug must come from an FDA-registered manufacturer, and cannot be a controlled substance. The transfer must include specific documentation like a packaging checklist, national drug code, lot number, and expiration date. The bill limits pharmacies to trading only one unsealed or partial quantity of a drug in a 90-day period and caps the sale/transfer price at 100% of the Wholesale Acquisition Cost. Additionally, if a pharmacy receives notification about an illegitimate, recalled, or counterfeit product, it must immediately notify the state board of pharmacy and the FDA. The nonresident establishment becomes subject to New York's jurisdiction for such transactions and must cooperate with any state investigations. The bill defines "specific patient need" narrowly as transferring a product to fill a specific patient's prescription, explicitly excluding stock replenishment transfers.

Education

https://www.nysenate.gov/legislation/bills/2025/S406