[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable. Uncodified
sections of certain local laws amending these provisions are included
as an attachment to this chapter.]
[Adopted 6-9-2020 by L.L.
No. 18-2020]
A.Â
This Legislature hereby finds and determines that Suffolk County
is dedicated to protecting the health of its residents. This Legislature
also finds and determines that asthma is a chronic disease affecting
more than 24,000,000 Americans. Each year, asthma accounts for more
than 439,000 hospitalizations and 1.6 millio emergency department
visits. The estimated cost of treating asthma in the United States
is approximately $62.8 billion every year. This Legislature also finds
that 50% of adults with asthma and 40% of children with asthma do
not have control of this disease. However, by taking appropriate medicine,
avoiding triggers and participating in asthma education services,
these patients can experience better control of their asthma. There
are several types of asthma inhalers that are available to consumers.
When inhalers are used incorrectly or accidentally interchanged, there
can be severe medical consequences for the patient. This Legislature
finds that pharmacists play a critical role in promoting medication
adherence and providing asthma self-management education to patients
with asthma. Many studies have shown that asthma self-management education
provided by community pharmacists can improve asthma control and medication
adherence while reducing emergency department visits, hospitalizations
and missed work or school days. This Legislature further finds that
it is critically important to educate the residents of Suffolk County
on the differences between asthma inhalers in order to decrease the
number of asthma-related emergency room visits and deaths. This Legislature
also determines that in order to better educate the public on the
differences between asthma inhalers, all stores with a pharmacy in
Suffolk County should post signs that provide patients with necessary
information on the proper use of these drugs.
B.Â
Therefore, the purpose of this article is to require stores containing
a pharmacy in Suffolk County to post signs explaining the differences
between different types of asthma inhalers.
As used in this article, the following terms shall have the
meanings indicated:
The Suffolk County Department of Health Services.
A medical device used by asthmatic individuals to deliver
medication to the body via the lungs.
As defined in the New York Education Law § 6802.
A retail outlet where goods are available for purchase.
A.Â
Every store that contains a pharmacy in Suffolk County must prominently
display a sign meeting the requirements set forth in this article
within eight feet of the pharmacy portion of the store, either on
the wall or displayed on the pharmacy counter.
A.Â
The Suffolk County Department of Health Services is hereby authorized,
empowered, and directed to collaborate with the American Lung Association
to create the language which will be displayed on the signs established
pursuant to this article. The signs must include language which specifically
differentiates the proper use of inhalers. The Department of Health
Services shall submit the language and design of said signs to the
County Legislature for approval via resolution within six months of
the effective date of this article.
B.Â
The Department shall annually update the language on the signs to
accurately reflect the asthma inhalers available to consumers in a
given year. Within 30 days of updating said language, the Department
shall provide the Health Committee of the County Legislature with
a written statement detailing any changes or additions that were made.
C.Â
The Department shall develop a web page and shall provide access to PDF versions of the approved signs online. The Department shall provide PDF files of the approved signs that conform to this article in each language set forth in § 649-3 to stores that contain a pharmacy upon written request.
This article shall be enforced by the Department of Health Services.
The Commissioner of the Department of Health Services is hereby
authorized, empowered, and directed to promulgate such rules and regulations
as he or she deems necessary to implement this article.
A.Â
Violation of this article shall be punishable by a civil penalty
of $50 for an initial offense and $250 for any second or subsequent
offense. Each calendar day where signage is not posted shall be considered
a separate and distinct offense.
B.Â
No penalty shall be imposed under this article until after a hearing
has been held by the Commissioner of Health Services, or his or her
designee, upon at least seven business days' notice to the store
where the pharmacy is located. Such notice shall be served receipt
requested to the address of the store where the pharmacy is located
and shall state the date, time and place of the hearing as well as
enumerate the alleged violation.
A.Â
This article shall apply to all actions occurring on or after the
effective date of this article.
