Requires that pharmacies that are permanently discontinuing to notify customers of such discontinuance, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3393--A
     Cal. No. 356
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2025
                                ___________
 
 Introduced  by  Sens.  GOUNARDES,  MAY,  WEBB  -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Health
   -- reported favorably from said committee, ordered to first and second
   report,  ordered to a third reading, passed by Senate and delivered to
   the Assembly, recalled, vote reconsidered, restored to third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 AN ACT to amend the education law, in relation to  requiring  pharmacies
   that are permanently discontinuing to notify customers of such discon-
   tinuance
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 6811-d
 to read as follows:
   § 6811-D. NOTIFICATION OF PERMANENT PHARMACY DISCONTINUANCE.  1. EVERY
 REGISTERED PHARMACY  THAT  SELLS  PRESCRIPTION  DRUGS  AT  RETAIL  SHALL
 PROVIDE  PUBLIC  NOTICE  AT  LEAST  THIRTY  DAYS  PRIOR TO ITS PERMANENT
 DISCONTINUANCE. SUCH NOTICE SHALL:
   (A) BE PROVIDED, TO THE EXTENT POSSIBLE, TO CUSTOMERS WHO HAVE  HAD  A
 PRESCRIPTION FILLED AT THE PHARMACY WITHIN THE YEAR PRIOR TO ITS DISCON-
 TINUANCE THROUGH THE CUSTOMER'S PRIMARY MEANS OF COMMUNICATION WITH SUCH
 PHARMACY; AND
   (B) BE CONSPICUOUSLY POSTED AT OR ADJACENT TO THE PLACE IN THE PHARMA-
 CY  WHERE PRESCRIPTIONS ARE PRESENTED FOR COMPOUNDING AND DISPENSING, IN
 THE WAITING AREA FOR CUSTOMERS, OR THE AREA WHERE PRESCRIBED  DRUGS  ARE
 DISPENSED.
   2.  THE  NOTIFICATION  REQUIRED  PURSUANT  TO  SUBDIVISION ONE OF THIS
 SECTION SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) THE DATE OF SUCH PHARMACY'S DISCONTINUANCE;
   (B) THE NAMES, ADDRESSES, AND PHONE NUMBERS OF THE FIVE NEAREST  PHAR-
 MACIES, INCLUDING INDEPENDENTLY OWNED PHARMACIES, IF APPLICABLE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05757-03-5
 S. 3393--A                          2
 
   (C) INSTRUCTIONS ON TRANSFERRING ANY EXISTING PRESCRIPTIONS TO ANOTHER
 PHARMACY; AND
   (D) INFORMATION REGARDING THE DISPOSITION OF PRESCRIPTION RECORDS IF A
 CUSTOMER  FAILS  TO  TRANSFER  A  PRESCRIPTION  PRIOR TO SUCH PHARMACY'S
 DISCONTINUANCE.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.