Opinion
Argued January 13, 1976
Decided February 12, 1976
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOSEPH F. HAWKINS, J.
Lou Lewis and Raymond G. Kuntz for appellants.
Louis J. Lefkowitz, Attorney-General (A. Seth Greenwald and Samuel A. Hirshowitz of counsel), for respondents.
MEMORANDUM.
The order should be affirmed.
Section 6826 of the Education Law, in providing access to information about the cost of prescription drugs by requiring pharmacies to post their current selling prices of the 150 such drugs which are "most frequently prescribed * * * together with their usual dosages" (Education Law, § 6826, subd 2), as set out on a list required to be prepared by the State Board of Pharmacy, is within the permissible scope of the State's power to regulate drug stores (see Le Drugstore Etats Unis v New York State Bd. of Pharmacy, 33 N.Y.2d 298, 302). Nor is it unconstitutional either for vagueness or for delegation of power to the board to draw up the list in accordance with the standards set out by the statute (cf. Urowsky v Board of Regents, 38 N.Y.2d 364, 371).
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.
Order affirmed, with costs, in a memorandum.