On Monday, October 23rd, Governor Andrew Cuomo signed biosimilars legislation (S.4788A/A.7509A) regarding the pharmacy substitution of interchangeable biosimilar medical products—a measure ASBM and others have pursued in New York over the past two years.


New York is now the 36th state to pass biosimilars substitution legislation.  This law (Chapter 357 of the Laws of 2017) will pave the way for interchangeable biologic substitution in the State of New York while enhancing patient access to biosimilars.  It ensures pharmacy-physician communication by requiring that the pharmacist notify the physician which biologic the patient received without posing undue or onerous burdens on pharmacists. It also requires a pharmacist to inform the patient which product, innovator or biosimilar, he or she has been prescribed. Lastly, it allows for physicians to prohibit substitution should they deem it necessary. This legislation keeps treatment decisions within the purview of the physician and the patient.


This legislation would not have passed without the overwhelming support of the physician and patient communities in the state.


See ASBM’s recent letter to the NY Governor here.