New York 2025-2026 Regular Session

New York Assembly Bill A04732

Introduced
2/6/25  
Refer
2/6/25  

Caption

Requires that pharmacists get express written consent before substituting a drug product for a less expensive drug product, including biological products.

Summary

Bill A04732 amends the education law to require pharmacists to obtain express written consent from patients before substituting a prescribed medication with a less expensive alternative. This applies to both traditional drug products and biological products. The bill specifies that the substitution can only occur if certain conditions are met, including the prescriber's allowance for substitution and the availability of the alternative on a designated list of acceptable drug products. The intent of the bill is to enhance patient autonomy and ensure that patients are fully informed about their medication options.

Impact

The passage of this bill would modify existing pharmacy regulations in New York by adding a requirement for patient consent in the medication substitution process. This change aims to empower patients by giving them a say in their treatment options while potentially affecting the cost dynamics of prescription medications. It may also influence the practices of pharmacists and prescribers, as they will need to ensure compliance with the new consent requirement.

Sentiment

The general sentiment surrounding Bill A04732 appears to be supportive, with discussions focusing on the importance of patient consent and informed decision-making in healthcare. However, there may be concerns regarding the potential impact on medication accessibility and costs, which could lead to further debate as the bill progresses through the legislative process.

Contention

Notable points of contention may arise from healthcare providers and pharmacists who are concerned about the additional administrative burden imposed by requiring written consent for every substitution. Some may argue that this could delay access to necessary medications for patients, particularly in urgent situations. Conversely, advocates for patient rights emphasize the importance of consent and informed choices in healthcare.

Companion Bills

No companion bills found.

Previously Filed As

NY HB117

Relative to the substitution of biological products.

NY S0482

Amends the types of products which pharmacists may prescribe as substitute drugs or products to include "devices and supplies" and "therapeutically equivalent drugs and pharmaceuticals".

NY H5855

Amends the types of products which pharmacists may prescribe as substitute drugs or products to include "devices and supplies" and "therapeutically equivalent drugs and pharmaceuticals."

NY HB2415

kratom products; narcotic drugs

NY HB2378

Therapeutically equivalent drug products; provisions for return of outdated drugs.

NY SB441

Relating to biological products.

NY A4184

Prohibits excessive increases in prices charged for essential off-patent and generic prescription drugs and biological products.

NY A2020

Prohibits substitution of prescribed epilepsy drugs by pharmacists without prior notification to and written consent of physician and patient.

NY AB554

Health care coverage: antiretroviral drugs, drug devices, and drug products.

NY SB1023

Health care coverage: antiretroviral drugs, drug devices, and drug products.

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