S 1795: Relates to the substitution of brand name epinephrine auto-injectors with alternate epinephrine auto-injectors in certain cases.

  
  STATE OF NEW YORK ________________________________________________________________________ 1795 2025-2026 Regular Sessions  IN SENATE January 13, 2025 ___________ Introduced by Sens. FERNANDEZ, JACKSON, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03148-01-5 
 S. 1795 2 1 (b) For purposes of this subdivision "epinephrine auto-injector" shall 2 have the same meaning as provided in paragraph (b) of subdivision one of 3 section three thousand-c of the public health law. 4 § 2. This act shall take effect immediately.