Bill Text: NY A01590 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to allowing prescriptions for controlled substances that are normally restricted to a thirty-day supply to be issued for greater than a thirty-day supply during a state of emergency.

Spectrum: Slight Partisan Bill (Democrat 8-3)

Status: (Introduced) 2024-01-03 - referred to health [A01590 Detail]

Download: New_York-2023-A01590-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1590

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced  by  M.  of  A.  SIMON, DINOWITZ, THIELE, SEAWRIGHT, DICKENS,
          McDONOUGH, DeSTEFANO, SANTABARBARA -- read once and  referred  to  the
          Committee on Health

        AN  ACT  to  amend  the  public  health  law,  in  relation  to allowing
          prescriptions for controlled substances that are  normally  restricted
          to  a  thirty-day  supply,  to be issued for greater than a thirty-day
          supply during an emergency

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subdivision 3 of section 3332 of the public health law, as
     2  amended by chapter 178 of the laws of 2010,  is    amended  to  read  as
     3  follows:
     4    3. (a) No such prescription shall be made for a quantity of controlled
     5  substances  which  would  exceed  a  thirty day supply if the controlled
     6  substance were used in accordance with the directions for use  specified
     7  on  the  prescription. A practitioner may, however, issue a prescription
     8  for up to a three month supply of a controlled substance  provided  that
     9  the  controlled substance has been prescribed to treat one of the condi-
    10  tions that have been enumerated by the commissioner  pursuant  to  regu-
    11  lations  as  warranting  the  prescribing  of  greater than a thirty day
    12  supply of a controlled substance and that the practitioner specifies the
    13  condition on the face of the prescription. No  additional  prescriptions
    14  for  a  controlled substance may be issued by a practitioner to an ulti-
    15  mate user within thirty days of the date of any prescription  previously
    16  issued  unless and until the ultimate user has exhausted all but a seven
    17  day supply of the controlled substance provided by any previously issued
    18  prescription. A practitioner may, however, issue a prescription  for  up
    19  to  a  six  month  supply  of any substance listed in subdivision (h) of
    20  Schedule II of section thirty-three hundred six of this article provided
    21  that such substance has been prescribed to treat one of  the  conditions
    22  that have been enumerated by the commissioner pursuant to regulations as

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02884-01-3
        A. 1590                             2

     1  warranting  the  prescribing  of a six month supply and that the practi-
     2  tioner specifies the condition on the prescription or on the  electronic
     3  prescription.
     4    (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
     5  sion, during an emergency that interferes with patients readily  obtain-
     6  ing prescription drugs from pharmacies, subject to regulations or orders
     7  of the commissioner, a practitioner may issue a prescription for a quan-
     8  tity  of a controlled substance that would exceed a thirty-day supply if
     9  such prescription is consistent  with  a  written  treatment  plan  that
    10  follows  generally  accepted  national,  professional,  or  governmental
    11  guidelines, and the treatment plan is noted  in  the  patient's  medical
    12  record.
    13    § 2. This act shall take effect immediately.