Bill Text: NY S06838 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to the issuance of prescription medications; removes certain exceptions to the requirement to prescribe medications electronically.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HEALTH [S06838 Detail]
Download: New_York-2021-S06838-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6838 2021-2022 Regular Sessions IN SENATE May 19, 2021 ___________ Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law and the education law, in relation to the issuance of prescription medications 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 281 of the public health law, as 2 amended by chapter 13 of the laws of 2015, is amended to read as 3 follows: 4 3. On or before December thirty-first, two thousand twelve, the 5 commissioner shall promulgate regulations, in consultation with the 6 commissioner of education, establishing standards for electronic 7 prescriptions. Notwithstanding any other provision of this section or 8 any other law to the contrary, effective three years subsequent to the 9 date on which such regulations are promulgated, no person shall issue 10 any prescription in this state unless such prescription is made by elec- 11 tronic prescription from the person issuing the prescription to a phar- 12 macy in accordance with such regulatory standards, except for 13 prescriptions: (a) [issued by veterinarians; (b)] issued in circum- 14 stances where electronic prescribing is not available due to temporary 15 technological or electrical failure, as set forth in regulation; [(c)] 16 (b) issued by practitioners [who have received a waiver or a renewal17thereof for a specified period determined by the commissioner, not to18exceed one year, from the requirement to use electronic prescribing,19pursuant to a process established in regulation by the commissioner, in20consultation with the commissioner of education, due to economic hard-21ship, technological limitations that are not reasonably within the22control of the practitioner, or other] in such exceptional [circumstance23demonstrated by the practitioner; (d)] circumstances as may be deter- 24 mined by the commissioner; (c) issued by a practitioner under circum- 25 stances where, notwithstanding the practitioner's present ability to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10958-01-1S. 6838 2 1 make an electronic prescription as required by this subdivision, such 2 practitioner reasonably determines that it would be impractical for the 3 patient to obtain substances prescribed by electronic prescription in a 4 timely manner, and such delay would adversely impact the patient's 5 medical condition, provided that if such prescription is for a 6 controlled substance, the quantity of controlled substances does not 7 exceed a five day supply if the controlled substance were used in 8 accordance with the directions for use; or [(e)] (d) issued by a practi- 9 tioner to be dispensed by a pharmacy located outside the state, as set 10 forth in regulation. 11 § 2. Subdivision 5 of section 281 of the public health law, as amended 12 by chapter 350 of the laws of 2016, is amended to read as follows: 13 5. In the case of a prescription for a controlled substance issued by 14 a practitioner under paragraph [(d)] (c) or [(e)] (d) of subdivision 15 three of this section, the practitioner shall, upon issuing such 16 prescription, indicate in the patient's health record either that the 17 prescription was issued other than electronically because it (a) was 18 impractical to issue an electronic prescription in a timely manner and 19 such delay would have adversely impacted the patient's medical condi- 20 tion, or (b) was to be dispensed by a pharmacy located outside the 21 state. 22 § 3. Subdivision 10 of section 6810 of the education law, as amended 23 by chapter 13 of the laws of 2015, is amended to read as follows: 24 10. Notwithstanding any other provision of this section or any other 25 law to the contrary, effective three years subsequent to the date on 26 which regulations establishing standards for electronic prescriptions 27 are promulgated by the commissioner of health, in consultation with the 28 commissioner pursuant to subdivision three of section two hundred eight- 29 y-one of the public health law, no practitioner shall issue any 30 prescription in this state, unless such prescription is made by elec- 31 tronic prescription from the practitioner to a pharmacy, except for 32 prescriptions: (a) [issued by veterinarians; (b)] issued or dispensed in 33 circumstances where electronic prescribing is not available due to 34 temporary technological or electrical failure, as set forth in regu- 35 lation; [(c)] (b) issued by practitioners [who have received a waiver or36a renewal thereof for a specified period determined by the commissioner37of health, not to exceed one year, from the requirement to use electron-38ic prescribing, pursuant to a process established in regulation by the39commissioner of health, in consultation with the commissioner due to40economic hardship, technological limitations that are not reasonably41within the control of the practitioner, or other] in such exceptional 42 [circumstance demonstrated by the practitioner; (d)] circumstances as 43 may be determined by the commissioner of health; (c) issued by a practi- 44 tioner under circumstances where, notwithstanding the practitioner's 45 present ability to make an electronic prescription as required by this 46 subdivision, such practitioner reasonably determines that it would be 47 impractical for the patient to obtain substances prescribed by electron- 48 ic prescription in a timely manner, and such delay would adversely 49 impact the patient's medical condition, provided that if such 50 prescription is for a controlled substance, the quantity that does not 51 exceed a five day supply if the controlled substance was used in accord- 52 ance with the directions for use; or [(e)] (d) issued by a practitioner 53 to be dispensed by a pharmacy located outside the state, as set forth in 54 regulation.S. 6838 3 1 § 4. Subdivisions 11 and 12 of section 6810 of the education law, as 2 amended by chapter 350 of the laws of 2016, are amended to read as 3 follows: 4 11. In the case of a prescription issued by a practitioner under para- 5 graph [(b)] (a) of subdivision ten of this section, the practitioner 6 shall be required to indicate in the patient's health record that the 7 prescription was issued other than electronically due to temporary tech- 8 nological or electrical failure. 9 12. In the case of a prescription issued by a practitioner under para- 10 graph [(d)] (c) or [(e)] (d) of subdivision ten of this section, the 11 practitioner shall, upon issuing such prescription, indicate in the 12 patient's health record either that the prescription was issued other 13 than electronically because it (a) was impractical to issue an electron- 14 ic prescription in a timely manner and such delay would have adversely 15 impacted the patient's medical condition, or (b) was to be dispensed by 16 a pharmacy located outside the state. 17 § 5. This act shall take effect on the one hundred eightieth day after 18 it shall have become a law.
