New York City Council Header
File #: Int 1189-2018    Version: * Name: Requiring pharmacies enrolled in a city program to dispense opioid antagonists under a standing order of the dept of health and mental hygiene to post signs announcing their enrollment.
Type: Introduction Status: Committee
Committee: Committee on Health
On agenda: 10/31/2018
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring pharmacies enrolled in a city program to dispense opioid antagonists under a standing order of the department of health and mental hygiene to post signs announcing their enrollment and that patients may procure opioid antagonists at such pharmacy
Sponsors: Stephen T. Levin, Diana Ayala , Andrew Cohen
Council Member Sponsors: 3
Summary: This bill would require that any retail pharmacy selling prescription drugs within the city, if it is enrolled in a program to dispense naloxone pursuant to the Department of Health and Mental Hygiene’s citywide standing order, must conspicuously post a sign indicating that the pharmacy is so enrolled and that patients may procure naloxone at such pharmacy.
Indexes: Agency Rule-making Required
Attachments: 1. Summary of Int. No. 1189, 2. Int. No. 1189, 3. October 31, 2018 - Stated Meeting Agenda with Links to Files

Int. No. 1189

 

By Council Members Levin, Ayala and Cohen

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring pharmacies enrolled in a city program to dispense opioid antagonists under a standing order of the department of health and mental hygiene to post signs announcing their enrollment and that patients may procure opioid antagonists at such pharmacy

 

Be it enacted by the Council as follows:

 

Section 1. Section 20-712 of the administrative code of the city of New York, as amended by local law number 25 for the year 2003, is amended to read as follows:

(e) “Opioid antagonist” means naloxone or other medication approved by the New York state department of health and the federal food and drug administration that, when administered, negates or neutralizes, in whole or in part, the pharmacological effects of an opioid in the human body.

§ 2. Subchapter 3 of chapter 5 of title 20 of the administrative code of the city of New York is amended by adding a new section 20-713.2 to read as follows:

§ 20-713.2 Display of information relating to opioid antagonists. a. Sign indicating enrollment in a program to dispense an opioid antagonist required. Any pharmacy enrolled in a program to dispense an opioid antagonist to anyone who requests it, without a patient-specific prescription, pursuant to a citywide non-patient specific prescription issued by the department of health and mental hygiene must conspicuously post, at or adjacent to each counter over which prescription drugs are sold, a sign indicating, in large type, that the pharmacy is enrolled in such program and that patients may procure opioid antagonists at such pharmacy.

b. Rulemaking. The commissioner of consumer affairs, in consultation with the commissioner of health and mental hygiene, shall promulgate such rules and regulations as are necessary to enforce this section.

§ 3. Section 20-715 of the administrative code of the city of New York, as amended by local law number 25 for the year 2003, is amended to read as follows:

§ 20-715 Penalties. Any person who [shall violate] violates the provisions of section 20-713, section 20-713.1, section 20-713.2 or regulations promulgated pursuant to this subchapter shall pay a civil penalty of not less than [two hundred fifty dollars] $250 nor more than [five hundred dollars] $500 for the first offense and for each succeeding offense a penalty of not less than [five hundred dollars] $500 nor more than [seven hundred fifty dollars] $750 for each such violation and shall, upon conviction thereof, be punished by a fine of not less than [two hundred fifty dollars] $250 nor more than [five hundred dollars] $500 for the first offense and for each succeeding offense a fine of not less than [five hundred dollars] $500 nor more than [seven hundred fifty dollars] $750 for each such violation. For the purposes of this section, if on any single day the current selling price list is not displayed in accordance with section [20.713] 20-713 or regulations promulgated pursuant to this subchapter, or the required signage is not displayed in accordance with section [20.713.1] 20-713.1, section 20-713.2 or regulations promulgated pursuant to this subchapter, it shall be considered a single violation.

§ 4. This local law takes effect 120 days after it becomes law, except that the commissioner of consumer affairs shall take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date. 

 

 

 

 

DFC

LS 6879

10/19/18, 10:20 a.m.