§ 253. Utilization of out-of-state provider pharmacies; necessity and\nconvenience. 1. In counties having a population of seventy-five thousand\nor less that are in proximity to the state boundary and which are\ndetermined by the commissioner of health to be not adequately served by\nprovider pharmacies registered in New York, and in Fishers Island in the\ntown of Southold, Suffolk county, the commissioner may approve as\nprovider pharmacies, pharmacies located in New Jersey, Connecticut,\nVermont, Pennsylvania or Massachusetts. Such approvals shall be made\nafter (a) consideration of the convenience and necessity of New York\nresidents in the rural areas served by such pharmacies, (b)\nconsideration of the quality of service of such pharmacies and the\nstanding of such pharmacies with the governmental board or agency of the\nstate in which such pharmacy is located, (c) the commissioner shall give\nall licensed pharmacies within the county notice of his or her intention\nto approve such out-of-state provider pharmacies, and (d) the\ncommissioner has held a public hearing at which he or she has determined\nfactually that the licensed pharmacies within such county are not\nadequately serving as provider pharmacies.\n 2. The commissioner of health shall investigate and determine whether\ncertification shall be granted within ninety days of the filing of an\napplication for certification by the governing body of any city, town or\nvillage, within a county determined by the commissioner to be not\nadequately served by provider pharmacies registered in New York pursuant\nto subdivision one of this section, claiming to be lacking adequate\npharmaceutical service.\n 3. Every certification granted pursuant to this section shall expire\nnot more than five years after the date of issuance.\n
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