1. (a) When dispensing a prescription drug to an individual who, as acknowledged by the individual, has difficulty seeing or reading standard printed labels on prescription drug containers, the dispensing pharmacy shall provide the individual with a means of access to obtain the prescription drug label information required pursuant to section 328-16(a) by:

   1. (1) Including an electronic label affixed to the prescription drug container that transmits prescription drug label information, directions, and written instructions to an end-user's external accessible device, including an individual's compatible prescription drug reader; or
   2. (2) Providing a prescription drug reader at no cost to the individual.
2. (b) Dispensing pharmacies shall make sustained, periodic, and reasonable efforts to inform the public that prescription drug label information is available in accessible formats for individuals who have difficulty seeing or reading standard printed labels on prescription drug containers.
3. (c) Dispensing pharmacies shall otherwise follow the best practices as recommended by the United States Access Board for pharmacies in providing independent access to prescription drug label information.
4. (d) This section shall not apply to a pharmacy that is a sole proprietorship with no more than two pharmacists; provided that the pharmacy has requested and been granted an exemption from the requirements of this section by the board; provided further that the exemption shall be subject to an annual review and approval that the board may grant on a case-by-case basis upon a finding that compliance with this section would result in an undue burden for the pharmacy, determined by the board in accordance with the Americans with Disabilities Act (42 U.S.C. 12182).

[L 2023, c 256, §2]