2006 New York Code - Utilization Of Out-of-state Provider Pharmacies; Necessity And Convenience.

 
    §  253. Utilization of out-of-state provider pharmacies; necessity and
  convenience. 1. In counties having a population of seventy-five thousand
  or less that are in proximity  to  the  state  boundary  and  which  are
  determined  by  the  executive  director  to be not adequately served by
  provider pharmacies registered in New York, and in Fishers Island in the
  town of Southold, Suffolk county, the executive director may approve  as
  provider  pharmacies,  pharmacies  located  in  New Jersey, Connecticut,
  Vermont, Pennsylvania or Massachusetts. Such  approvals  shall  be  made
  after  (a)  consideration  of  the convenience and necessity of New York
  residents  in  the  rural  areas  served   by   such   pharmacies,   (b)
  consideration  of  the  quality  of  service  of such pharmacies and the
  standing of such pharmacies with the governmental board or agency of the
  state in which such pharmacy is  located,  (c)  the  executive  director
  shall  give  all  licensed pharmacies within the county notice of his or
  her intention to approve such out-of-state provider pharmacies, and  (d)
  the  executive director has held a public hearing at which he or she has
  determined factually that the licensed pharmacies within such county are
  not adequately serving as provider pharmacies.
    2. The executive director  shall  investigate  and  determine  whether
  certification  shall  be  granted within ninety days of the filing of an
  application for certification by the governing body of any city, town or
  village, within a county determined by the executive director to be  not
  adequately served by provider pharmacies registered in New York pursuant
  to  subdivision  one  of  this  section, claiming to be lacking adequate
  pharmaceutical service.
    3. Every certification granted pursuant to this section  shall  expire
  not more than five years after the date of issuance.