BILL NUMBER: S3292
TITLE OF BILL :
An act to amend the education law, in relation to authorizing
pharmacists to perform collaborative drug therapy management with
physicians or nurse practitioners in certain settings and providing
for the repeal of such provisions upon expiration thereof
To improve health care quality and patient safety by permitting
pharmacists that practice in certain settings to engage in a
collaborative management of drug therapy pursuant to voluntary
agreements with physicians and nurse practitioners.
SUMMARY OF PROVISIONS :
Section 1 amends section 6801 of the education law to expand the
practice of pharmacy to include collaborative drug therapy management.
Section 2 adds a new section 6801-a to the education law creating a
demonstration program to authorize the collaborative management of
drug therapy by pharmacists. Under this new section, pharmacists
working in certain licensed health care facilities (hospitals, nursing
homes and clinics) would be authorized to review, evaluate and modify
drug therapy in accordance with a written agreement or protocol with a
physician or nurse practitioner. Such agreement or protocol shall be
consistent with the policies of the facility in which the physician,
nurse practitioner and pharmacist practice. In order to undertake
collaborative drug therapy management, pharmacists would be permitted
to modify and manage drug regimens, order and evaluate clinical
laboratory tests related to the management of drug therapy, order or
perform other routine patient monitoring functions consistent with and
pursuant to these written agreements or protocols.
Physicians and nurse practitioners who enter into these written
agreements or protocols with pharmacists would be employed by or
affiliated with the same health care entity with which the pharmacists
are employed or affiliated.
Participation in collaborative drug therapy management agreements or
protocols would be voluntary for the physician nurse practitioner,
pharmacist and facility. The patient or such patient's authorized
representative has the right to choose not to participate in such
protocols or agreements. If the patient or authorized representative
consents, it shall be noted on the patient's medical record and shall
also be disclosed to the patient's primary physician or nurse
Section 3 establishes the effective date which is 120 days after it
shall have become a law and shall expire 4 years after such effective
Adverse drug reactions or adverse drug events (ADRs or ADEs) are now
reported to be the fourth leading cause of death in the United States,
behind only heart disease, cancer and stroke. In 1995, it was
estimated that ADRs caused 106,000 deaths per year. The most updated
information on ADRs suggests that these earlier estimates may actually
understate the problem. A recent comprehensive study of medication
errors estimated that as many as 2.7 million medication errors occur
each year in American hospitals adversely affecting 130,000 patients.
Studies have shown that at least 28% of these errors were preventable.
Nearly half of the errors made were the result of errors in the
These errors are not only potentially dangerous to patients, they are
extremely costly to the health care system, resulting in additional
and unnecessary expenditures of as much as $177 billion per year. Of
this amount, seventy percent was attributed to unnecessary hospital
admissions or prolonged hospitals stays due to medication errors.
Moreover, pharmacist-provided drug information services, adverse drug
reaction monitoring, drug protocol management and medical rounds
participation by pharmacists has shown to make a statistically
significant contribution to the reduction of medication errors. Each
of these components can only fully take place in New York State with
the enactment of this legislation. Currently, 43 other states allow
pharmacists to engage in collaborative drug therapy management
protocols and agreements.
LEGISLATIVE HISTORY :
2007-08, S.2426-B; 2005-06, S.2862-D; 2003-04, S.1879-C.
FISCAL IMPLICATIONS :
Given the high costs associated with medication errors, this bill will
result in significant savings in health care expenditures, including
reducing Medicaid costs, Child Health Plus and Family Health Plus
expenditures for New York State.
EFFECTIVE DATE :
120 days after it shall have become a law and shall expire 4 years
after such effective date.
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