S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10623

                          I N  A S S E M B L Y

                              June 8, 2012
                               ___________

Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Cusick,
  Gottfried, Silver,  Barrett,  Bronson,  Zebrowski,  Ramos,  Gabryszak,
  Cymbrowitz,  Weisenberg, Jaffee, Robinson, Thiele, Weprin, Canestrari,
  Farrell, Brindisi, Cook, Crespo,  Dinowitz,  Galef,  Gibson,  Gunther,
  Hooper, Jacobs, Lentol, Lupardo, Magee, Perry, Ryan, Schimel, Simanow-
  itz, Simotas, Skartados, Sweeney, Titone) -- (at request of the Gover-
  nor) -- (at request of the Attorney General) -- read once and referred
  to the Committee on Health

AN  ACT  to  amend  the  public  health law, in relation to enacting the
  internet system for tracking over-prescribing (I-STOP) act and  creat-
  ing  a prescription monitoring program registry (Part A); to amend the
  public health law and the education law, in relation  to  prescription
  drug  forms,  electronic  prescribing  and language assistance; and to
  repeal section 21 of the public health law, relating thereto (Part B);
  to amend the public health law and the penal law, in relation to sche-
  dules of controlled substances; and to repeal  certain  provisions  of
  the  public  health law relating thereto (Part C); to amend the public
  health law, in relation to continuing education for practitioners  and
  pharmacists  in  prescription pain medication awareness and the duties
  of the prescription pain management awareness workgroup (Part D);  and
  to  amend  the  public health law, in relation to the safe disposal of
  controlled substances (Part E)

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings and intent.   The legislature finds
that  prescription  drugs,  particularly  controlled   substances,   are
increasingly  subject  to criminal diversion and abuse, which can result
in addiction, adverse drug events, accidental  death  due  to  overdose,
violent  or  self-injurious  behavior,  family  conflicts, and increased
costs to businesses and the health care system.
  The legislature further finds that such diversion and  abuse  will  be
mitigated  by:  establishing  a prescription monitoring program registry
containing data about controlled substances  dispensed  to  individuals,
reported  on  a real time basis; requiring health care practitioners and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

A                                                          LBD12123-11-2

A. 10623                            2

permitting pharmacists to access such  registry  before  prescribing  or
dispensing  additional such substances; and requiring that prescriptions
be transmitted electronically from practitioners to pharmacists.  There-
fore,  the legislature finds it appropriate and necessary to establish a
prescription monitoring program registry that  is  designed  to  utilize
real time data, integrate electronic prescribing, combat overprescribing
and  doctor-shopping,  and  curtail  abuse and illegal diversion without
compromising access to controlled substances for legitimate health  care
purposes.    The legislature further finds that these objectives will be
promoted by updating the state's  schedules  of  controlled  substances,
establishing a program for the safe disposal of controlled substances by
consumers,  and  enhancing  opportunities  to  promote  education  about
controlled substances for the public and practitioners.
  S 2. This act enacts into law major components  of  legislation  which
are  necessary  to  implement  fundamental changes to the way controlled
substances are prescribed, dispensed and monitored in this  state.  Each
component  is  wholly  contained  within  a  Part  identified as Parts A
through E. The effective date of  each  particular  provision  contained
within  such  Part  is  set  forth in the last section of such Part. Any
provision in any section contained within a Part, including  the  effec-
tive date of the Part, which makes reference to a section "of this act",
when  used in connection with that particular component, shall be deemed
to mean and refer to the corresponding section of the Part in  which  it
is found. Section four of this act sets forth the general effective date
of this act.

                                 PART A

  Section  1.  This act shall be known and may be cited as the "Internet
System for Tracking Over-Prescribing (I-STOP) Act".
  S 2. The public health law is amended by adding a new  section  3343-a
to read as follows:
  S  3343-A. PRESCRIPTION MONITORING PROGRAM REGISTRY.  1. ESTABLISHMENT
OF SYSTEM. (A) THE COMMISSIONER SHALL, IN ACCORDANCE WITH THE PROVISIONS
OF THIS  SECTION,  ESTABLISH  AND  MAINTAIN  AN  ELECTRONIC  SYSTEM  FOR
COLLECTING,   MONITORING   AND   REPORTING  INFORMATION  CONCERNING  THE
PRESCRIBING AND DISPENSING OF CONTROLLED SUBSTANCES, TO BE KNOWN AS  THE
PRESCRIPTION  MONITORING  PROGRAM REGISTRY.   THE REGISTRY SHALL INCLUDE
INFORMATION REPORTED BY PHARMACIES ON A REAL TIME BASIS, AS SET FORTH IN
SUBDIVISION FOUR OF SECTION THIRTY-THREE HUNDRED  THIRTY-THREE  OF  THIS
ARTICLE.
  (B) THE REGISTRY SHALL INCLUDE, FOR EACH PERSON TO WHOM A PRESCRIPTION
FOR  CONTROLLED  SUBSTANCES  HAS  BEEN  DISPENSED,  ALL PATIENT-SPECIFIC
INFORMATION COVERING SUCH PERIOD OF TIME AS IS  DEEMED  APPROPRIATE  AND
FEASIBLE  BY  THE  COMMISSIONER, BUT NO LESS THAN SIX MONTHS AND NO MORE
THAN FIVE YEARS.  SUCH PATIENT-SPECIFIC INFORMATION  SHALL  BE  OBTAINED
FROM  THE  PRESCRIPTION  INFORMATION  REPORTED BY PHARMACIES PURSUANT TO
SUBDIVISION FOUR OF SECTION THIRTY-THREE HUNDRED  THIRTY-THREE  OF  THIS
ARTICLE AND BY PRACTITIONERS WHO DISPENSE PURSUANT TO SUBDIVISION SIX OF
SECTION  THIRTY-THREE  HUNDRED  THIRTY-ONE OF THIS ARTICLE, AND SHALL BE
PROCESSED AND INCLUDED IN THE REGISTRY BY THE DEPARTMENT  WITHOUT  UNDUE
DELAY.  FOR  PURPOSES  OF  THIS  ARTICLE, "PATIENT-SPECIFIC INFORMATION"
MEANS INFORMATION PERTAINING TO  INDIVIDUAL  PATIENTS  INCLUDED  IN  THE
REGISTRY,  WHICH  SHALL INCLUDE THE FOLLOWING INFORMATION AND SUCH OTHER
INFORMATION AS IS REQUIRED BY THE DEPARTMENT IN REGULATION:
  (I) THE PATIENT'S NAME;

A. 10623                            3

  (II) THE PATIENT'S RESIDENTIAL ADDRESS;
  (III) THE PATIENT'S DATE OF BIRTH;
  (IV) THE PATIENT'S GENDER;
  (V) THE DATE ON WHICH THE PRESCRIPTION WAS ISSUED;
  (VI) THE DATE ON WHICH THE CONTROLLED SUBSTANCE WAS DISPENSED;
  (VII) THE METRIC QUANTITY OF THE CONTROLLED SUBSTANCE DISPENSED;
  (VIII)   THE  NUMBER  OF  DAYS  SUPPLY  OF  THE  CONTROLLED  SUBSTANCE
DISPENSED;
  (IX) THE NAME OF THE PRESCRIBER;
  (X) THE PRESCRIBER'S IDENTIFICATION NUMBER, AS ASSIGNED  BY  THE  DRUG
ENFORCEMENT ADMINISTRATION;
  (XI) THE NAME OR IDENTIFIER OF THE DRUG THAT WAS DISPENSED; AND
  (XII) THE PAYMENT METHOD.
  (C)  THE  REGISTRY SHALL BE SECURE, EASILY ACCESSIBLE BY PRACTITIONERS
AND PHARMACISTS, AND COMPATIBLE  WITH  THE  ELECTRONIC  TRANSMISSION  OF
PRESCRIPTIONS  FOR  CONTROLLED  SUBSTANCES,  AS  REQUIRED BY SECTION TWO
HUNDRED EIGHTY-ONE OF THIS CHAPTER, AND SECTION SIXTY-EIGHT HUNDRED  TEN
OF  THE EDUCATION LAW, AND ANY REGULATIONS PROMULGATED PURSUANT THERETO.
TO THE EXTENT PRACTICABLE, IMPLEMENTATION OF THE ELECTRONIC TRANSMISSION
OF PRESCRIPTIONS FOR CONTROLLED SUBSTANCES  SHALL  SERVE  TO  STREAMLINE
CONSULTATION   OF   THE  REGISTRY  BY  PRACTITIONERS  AND  REPORTING  OF
PRESCRIPTION INFORMATION BY PHARMACISTS.  THE REGISTRY SHALL BE INTEROP-
ERABLE WITH OTHER  SIMILAR  REGISTRIES  OPERATED  BY  FEDERAL  OR  STATE
GOVERNMENTS,  TO  THE EXTENT DEEMED APPROPRIATE BY THE COMMISSIONER, AND
SUBJECT TO THE PROVISIONS OF SECTION THIRTY-THREE HUNDRED  SEVENTY-ONE-A
OF THIS ARTICLE.
  (D) THE DEPARTMENT SHALL ESTABLISH AND IMPLEMENT SUCH PROTOCOLS AS ARE
REASONABLY  NECESSARY TO ENSURE THAT INFORMATION CONTAINED IN THE REGIS-
TRY IS MAINTAINED IN A SECURE AND CONFIDENTIAL MANNER AND IS  ACCESSIBLE
ONLY  BY  PRACTITIONERS, PHARMACISTS OR THEIR DESIGNEES FOR THE PURPOSES
ESTABLISHED IN SUBDIVISIONS TWO AND THREE OF THIS SECTION, OR AS  OTHER-
WISE  SET FORTH IN SECTIONS THIRTY-THREE HUNDRED SEVENTY-ONE AND THIRTY-
THREE HUNDRED SEVENTY-ONE-A OF  THIS  ARTICLE.    SUCH  PROTOCOLS  SHALL
INCLUDE  A  MECHANISM FOR THE DEPARTMENT TO MONITOR AND RECORD ACCESS TO
THE REGISTRY, WHICH SHALL IDENTIFY THE AUTHORIZED  INDIVIDUAL  ACCESSING
AND EACH CONTROLLED SUBSTANCE HISTORY ACCESSED.
  2.  DUTY  TO CONSULT PRESCRIPTION MONITORING PROGRAM REGISTRY; PRACTI-
TIONERS. (A) EVERY PRACTITIONER SHALL CONSULT THE PRESCRIPTION  MONITOR-
ING  PROGRAM  REGISTRY PRIOR TO PRESCRIBING OR DISPENSING ANY CONTROLLED
SUBSTANCE LISTED ON SCHEDULE II,  III  OR  IV  OF  SECTION  THIRTY-THREE
HUNDRED  SIX  OF  THIS ARTICLE, FOR THE PURPOSE OF REVIEWING A PATIENT'S
CONTROLLED SUBSTANCE HISTORY AS SET FORTH IN  SUCH  REGISTRY;  PROVIDED,
HOWEVER, THAT NOTHING IN THIS SECTION SHALL PRECLUDE AN AUTHORIZED PRAC-
TITIONER, OTHER THAN A VETERINARIAN, FROM CONSULTING THE REGISTRY AT HIS
OR  HER  OPTION  PRIOR  TO  PRESCRIBING  OR  DISPENSING  ANY  CONTROLLED
SUBSTANCE. THE DUTY TO CONSULT THE REGISTRY SHALL NOT APPLY TO:
  (I) VETERINARIANS;
  (II) A  PRACTITIONER  DISPENSING  PURSUANT  TO  SUBDIVISION  THREE  OF
SECTION THIRTY-THREE HUNDRED FIFTY-ONE OF THIS ARTICLE;
  (III) A PRACTITIONER ADMINISTERING A CONTROLLED SUBSTANCE;
  (IV) A PRACTITIONER PRESCRIBING OR ORDERING A CONTROLLED SUBSTANCE FOR
USE  ON  THE  PREMISES OF AN INSTITUTIONAL DISPENSER PURSUANT TO SECTION
THIRTY-THREE HUNDRED FORTY-TWO OF THIS TITLE;
  (V) A PRACTITIONER PRESCRIBING A CONTROLLED SUBSTANCE IN THE EMERGENCY
DEPARTMENT  OF  A  GENERAL  HOSPITAL,  PROVIDED  THAT  THE  QUANTITY  OF
CONTROLLED SUBSTANCE PRESCRIBED DOES NOT EXCEED A FIVE DAY SUPPLY IF THE

A. 10623                            4

CONTROLLED  SUBSTANCE  WERE  USED  IN ACCORDANCE WITH THE DIRECTIONS FOR
USE;
  (VI)  A  PRACTITIONER  PRESCRIBING A CONTROLLED SUBSTANCE TO A PATIENT
UNDER THE CARE OF A HOSPICE, AS DEFINED BY SECTION FOUR THOUSAND TWO  OF
THIS CHAPTER;
  (VII) A PRACTITIONER WHEN:
  (A)  IT  IS NOT REASONABLY POSSIBLE FOR THE PRACTITIONER TO ACCESS THE
REGISTRY IN A TIMELY MANNER;
  (B) NO OTHER PRACTITIONER OR DESIGNEE AUTHORIZED TO ACCESS THE  REGIS-
TRY, PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, IS REASONABLY AVAIL-
ABLE; AND
  (C)  THE QUANTITY OF CONTROLLED SUBSTANCE PRESCRIBED DOES NOT EXCEED A
FIVE DAY SUPPLY IF THE CONTROLLED SUBSTANCE WERE USED IN ACCORDANCE WITH
THE DIRECTIONS FOR USE;
  (VIII) A PRACTITIONER ACTING IN COMPLIANCE WITH REGULATIONS  THAT  MAY
BE  PROMULGATED  BY  THE  COMMISSIONER  AS  TO CIRCUMSTANCES UNDER WHICH
CONSULTATION OF THE REGISTRY WOULD RESULT IN A  PATIENT'S  INABILITY  TO
OBTAIN  A  PRESCRIPTION  IN A TIMELY MANNER, THEREBY ADVERSELY IMPACTING
THE MEDICAL CONDITION OF SUCH PATIENT;
  (IX) A SITUATION WHERE THE REGISTRY IS NOT OPERATIONAL  AS  DETERMINED
BY THE DEPARTMENT OR WHERE IT CANNOT BE ACCESSED BY THE PRACTITIONER DUE
TO  A  TEMPORARY  TECHNOLOGICAL  OR  ELECTRICAL FAILURE, AS SET FORTH IN
REGULATION; OR
  (X) A PRACTITIONER WHO HAS BEEN GRANTED A WAIVER DUE TO  TECHNOLOGICAL
LIMITATIONS  THAT  ARE  NOT REASONABLY WITHIN THE CONTROL OF THE PRACTI-
TIONER, OR OTHER EXCEPTIONAL CIRCUMSTANCE DEMONSTRATED  BY  THE  PRACTI-
TIONER,  PURSUANT  TO  A  PROCESS  ESTABLISHED IN REGULATION, AND IN THE
DISCRETION OF THE COMMISSIONER.
  (B) FOR PURPOSES OF THIS  SECTION,  A  PRACTITIONER  MAY  AUTHORIZE  A
DESIGNEE  TO CONSULT THE PRESCRIPTION MONITORING PROGRAM REGISTRY ON HIS
OR HER BEHALF, PROVIDED THAT: (I) THE DESIGNEE SO AUTHORIZED IS EMPLOYED
BY THE SAME PROFESSIONAL PRACTICE OR IS UNDER CONTRACT WITH  SUCH  PRAC-
TICE;  (II)  THE PRACTITIONER TAKES REASONABLE STEPS TO ENSURE THAT SUCH
DESIGNEE IS SUFFICIENTLY COMPETENT IN THE USE OF THE REGISTRY; (III) THE
PRACTITIONER REMAINS RESPONSIBLE FOR ENSURING THAT ACCESS TO THE  REGIS-
TRY  BY  THE  DESIGNEE IS LIMITED TO AUTHORIZED PURPOSES AND OCCURS IN A
MANNER THAT PROTECTS THE CONFIDENTIALITY  OF  THE  INFORMATION  OBTAINED
FROM  THE  REGISTRY, AND REMAINS RESPONSIBLE FOR ANY BREACH OF CONFIDEN-
TIALITY; AND (IV)  THE  ULTIMATE  DECISION  AS  TO  WHETHER  OR  NOT  TO
PRESCRIBE  OR  DISPENSE  A CONTROLLED SUBSTANCE REMAINS WITH THE PRACTI-
TIONER AND IS REASONABLY INFORMED BY THE RELEVANT  CONTROLLED  SUBSTANCE
HISTORY  INFORMATION OBTAINED FROM THE REGISTRY.  THE COMMISSIONER SHALL
ESTABLISH IN REGULATION REASONABLE PARAMETERS WITH REGARD TO  A  PRACTI-
TIONER'S  ABILITY TO AUTHORIZE DESIGNEES PURSUANT TO THIS SECTION, WHICH
SHALL INCLUDE PROCESSES NECESSARY TO ALLOW THE DEPARTMENT TO: (A)  GRANT
ACCESS  TO  THE REGISTRY IN A REASONABLY PROMPT MANNER TO AS MANY DESIG-
NEES AS ARE AUTHORIZED BY PRACTITIONERS, UP TO THE NUMBER DEEMED  APPRO-
PRIATE  BY  THE  COMMISSIONER  FOR  PARTICULAR PROFESSIONAL PRACTICES OR
TYPES OF PRACTICES, TAKING INTO ACCOUNT THE NEED TO MAINTAIN SECURITY OF
THE REGISTRY AND THE PATIENT-SPECIFIC  INFORMATION  MAINTAINED  THEREIN,
AND  THE  OBJECTIVE OF MINIMIZING BURDENS TO PRACTITIONERS TO THE EXTENT
PRACTICABLE; (B) REQUIRE THAT PRACTITIONERS NOTIFY THE  DEPARTMENT  UPON
TERMINATING THE AUTHORIZATION OF ANY DESIGNEE; AND (C) ESTABLISH A MECH-
ANISM  TO  PREVENT SUCH TERMINATED DESIGNEES FROM ACCESSING THE REGISTRY
IN A REASONABLY PROMPT MANNER FOLLOWING SUCH NOTIFICATION.

A. 10623                            5

  3. AUTHORITY TO  CONSULT  PRESCRIPTION  MONITORING  PROGRAM  REGISTRY;
PHARMACISTS.  (A)  A  PHARMACIST MAY CONSULT THE PRESCRIPTION MONITORING
PROGRAM REGISTRY IN ORDER TO REVIEW THE CONTROLLED SUBSTANCE HISTORY  OF
AN  INDIVIDUAL  FOR  WHOM  ONE  OR  MORE  PRESCRIPTIONS  FOR  CONTROLLED
SUBSTANCES IS PRESENTED TO SUCH PHARMACIST.
  (B)  FOR  PURPOSES OF THIS SECTION, A PHARMACIST MAY DESIGNATE ANOTHER
PHARMACIST, A PHARMACY INTERN, AS DEFINED BY SECTION SIXTY-EIGHT HUNDRED
SIX OF THE EDUCATION LAW, OR OTHER INDIVIDUAL AS MAY BE PERMITTED BY THE
COMMISSIONER IN  REGULATION,  TO  CONSULT  THE  PRESCRIPTION  MONITORING
PROGRAM REGISTRY ON THE PHARMACIST'S BEHALF, PROVIDED THAT SUCH DESIGNEE
IS  EMPLOYED BY THE SAME PHARMACY OR IS UNDER CONTRACT WITH SUCH PHARMA-
CY.  THE COMMISSIONER SHALL ESTABLISH IN REGULATION  REASONABLE  PARAME-
TERS WITH REGARD TO A PHARMACIST'S ABILITY TO AUTHORIZE DESIGNEES PURSU-
ANT  TO  THIS  SECTION, WHICH SHALL INCLUDE PROCESSES NECESSARY TO ALLOW
THE DEPARTMENT TO: (A) GRANT ACCESS TO  THE  REGISTRY  IN  A  REASONABLY
PROMPT  MANNER TO AS MANY DESIGNEES AS ARE AUTHORIZED BY PHARMACISTS, UP
TO THE NUMBER DEEMED APPROPRIATE  BY  THE  COMMISSIONER  FOR  PARTICULAR
PHARMACIES,  TAKING  INTO  ACCOUNT  THE NEED TO MAINTAIN SECURITY OF THE
REGISTRY AND THE PATIENT-SPECIFIC INFORMATION  MAINTAINED  THEREIN,  AND
THE OBJECTIVE OF MINIMIZING BURDENS TO PHARMACISTS TO THE EXTENT PRACTI-
CABLE; (B) REQUIRE THAT PHARMACISTS NOTIFY THE DEPARTMENT UPON TERMINAT-
ING  THE AUTHORIZATION OF ANY DESIGNEE; AND (C) ESTABLISH A MECHANISM TO
PREVENT SUCH TERMINATED DESIGNEES  FROM  ACCESSING  THE  REGISTRY  IN  A
REASONABLY PROMPT MANNER FOLLOWING SUCH NOTIFICATION.
  4.  IMMUNITY.  NO  PRACTITIONER OR PHARMACIST, AND NO PERSON ACTING ON
BEHALF OF SUCH  PRACTITIONER  OR  PHARMACIST  AS  PERMITTED  UNDER  THIS
SECTION,  ACTING WITH REASONABLE CARE AND IN GOOD FAITH SHALL BE SUBJECT
TO CIVIL LIABILITY ARISING FROM  ANY  FALSE,  INCOMPLETE  OR  INACCURATE
INFORMATION  SUBMITTED TO OR REPORTED BY THE REGISTRY OR FOR ANY RESULT-
ING FAILURE OF THE SYSTEM TO ACCURATELY OR TIMELY REPORT  SUCH  INFORMA-
TION;  PROVIDED,  HOWEVER,  THAT  NOTHING  IN  THIS SUBDIVISION SHALL BE
DEEMED TO ALTER THE OBLIGATION TO SUBMIT OR REPORT PRESCRIPTION INFORMA-
TION TO THE DEPARTMENT AS OTHERWISE SET FORTH  IN  THIS  ARTICLE  OR  IN
REGULATIONS PROMULGATED PURSUANT THERETO.
  5.  GUIDANCE TO PRACTITIONERS AND PHARMACISTS. THE COMMISSIONER SHALL,
IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION, PROVIDE GUIDANCE  TO
PRACTITIONERS,  PHARMACISTS,  AND  PHARMACIES REGARDING THE PURPOSES AND
USES OF THE REGISTRY ESTABLISHED BY THIS SECTION AND THE MEANS BY  WHICH
PRACTITIONERS  AND  PHARMACISTS  CAN  ACCESS THE REGISTRY. SUCH GUIDANCE
SHALL  REFERENCE  EDUCATIONAL  INFORMATION  AVAILABLE  PURSUANT  TO  THE
PRESCRIPTION  PAIN  MEDICATION AWARENESS PROGRAM ESTABLISHED PURSUANT TO
SECTION THIRTY-THREE HUNDRED NINE-A OF THIS ARTICLE.
  6. INDIVIDUAL ACCESS TO CONTROLLED SUBSTANCE  HISTORIES.  THE  COMMIS-
SIONER  SHALL  ESTABLISH  PROCEDURES  BY  WHICH  AN  INDIVIDUAL MAY: (A)
REQUEST AND OBTAIN HIS OR HER OWN CONTROLLED SUBSTANCES HISTORY CONSIST-
ING OF PATIENT-SPECIFIC INFORMATION OR,  IN  APPROPRIATE  CIRCUMSTANCES,
THAT  OF  A PATIENT WHO LACKS CAPACITY TO MAKE HEALTH CARE DECISIONS AND
FOR WHOM THE INDIVIDUAL HAS LEGAL AUTHORITY TO MAKE SUCH  DECISIONS  AND
WOULD  HAVE  LEGAL  ACCESS  TO THE PATIENT'S HEALTH CARE RECORDS; OR (B)
SEEK REVIEW OF ANY PART OF HIS OR HER CONTROLLED SUBSTANCES HISTORY  OR,
IN  APPROPRIATE  CIRCUMSTANCES,  THAT OF A PATIENT WHO LACKS CAPACITY TO
MAKE HEALTH CARE DECISIONS AND FOR WHOM THE INDIVIDUAL HAS LEGAL AUTHOR-
ITY TO MAKE SUCH DECISIONS AND WOULD HAVE LEGAL ACCESS TO THE  PATIENT'S
HEALTH  CARE  RECORDS,  THAT  SUCH  INDIVIDUAL DISPUTES. SUCH PROCEDURES
SHALL REQUIRE THE DEPARTMENT TO PROMPTLY REVISE ANY INFORMATION ACCESSI-
BLE THROUGH THE REGISTRY THAT THE DEPARTMENT DETERMINES  TO  BE  INACCU-

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RATE. SUCH PROCEDURES SHALL BE DESCRIBED ON THE DEPARTMENT'S WEBSITE AND
INCLUDED  WITH THE CONTROLLED SUBSTANCES HISTORY PROVIDED TO AN INDIVID-
UAL PURSUANT TO A REQUEST MADE UNDER THIS SUBDIVISION OR UNDER  SUBPARA-
GRAPH  (IV)  OF PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION THIRTY-THREE
HUNDRED SEVENTY-ONE OF THIS ARTICLE.
  7. DEPARTMENT ANALYSIS OF  DATA.  THE  DEPARTMENT  SHALL  PERIODICALLY
ANALYZE  DATA  CONTAINED IN THE PRESCRIPTION MONITORING PROGRAM REGISTRY
TO IDENTIFY INFORMATION THAT INDICATES THAT A VIOLATION OF LAW OR BREACH
OF PROFESSIONAL STANDARDS MAY HAVE OCCURRED AND, AS  WARRANTED,  PROVIDE
ANY  RELEVANT  INFORMATION  TO  APPROPRIATE  ENTITIES AS PERMITTED UNDER
SECTION THIRTY-THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE.   THE  DEPART-
MENT SHALL KEEP A RECORD OF THE INFORMATION PROVIDED, INCLUDING, BUT NOT
LIMITED  TO,  THE  SPECIFIC INFORMATION PROVIDED AND THE AGENCY TO WHICH
SUCH INFORMATION WAS PROVIDED, INCLUDING  THE  NAME  AND  TITLE  OF  THE
PERSON  TO  WHOM  SUCH  INFORMATION WAS PROVIDED AND AN ATTESTATION FROM
SUCH PERSON THAT HE OR SHE HAS AUTHORITY TO RECEIVE SUCH INFORMATION.
  8. FUNDING THE PRESCRIPTION MONITORING  PROGRAM  REGISTRY.    (A)  THE
COMMISSIONER SHALL MAKE REASONABLE EFFORTS TO APPLY FOR MONIES AVAILABLE
FROM THE FEDERAL GOVERNMENT AND OTHER INSTITUTIONS, TO THE EXTENT DEEMED
APPROPRIATE  BY  THE  COMMISSIONER,  AND  USE  ANY MONIES SO OBTAINED TO
SUPPLEMENT ANY OTHER MONIES MADE AVAILABLE  FOR  THE  PURPOSES  OF  THIS
TITLE.
  (B) OPERATION OF THE REGISTRY ESTABLISHED BY THIS SECTION SHALL NOT BE
FUNDED,  IN  WHOLE  OR  IN  PART,  BY FEES IMPOSED SPECIFICALLY FOR SUCH
PURPOSES UPON PRACTITIONERS, PHARMACISTS, DESIGNEES OR PATIENTS  SUBJECT
TO THIS SECTION.
  9. RULES AND REGULATIONS. THE COMMISSIONER SHALL PROMULGATE SUCH RULES
AND  REGULATIONS  AS  ARE NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS
SECTION, IN CONSULTATION WITH THE WORK  GROUP  ESTABLISHED  PURSUANT  TO
SUBDIVISION  THREE  OF SECTION THIRTY-THREE HUNDRED NINE-A OF THIS ARTI-
CLE.
  S 3. Subdivision 4 of section  3333  of  the  public  health  law,  as
amended  by  chapter  178  of  the  laws  of 2010, is amended to read as
follows:
  4. The endorsed original prescription shall be retained by the propri-
etor of the pharmacy for a period of five years. The proprietor  of  the
pharmacy  shall  file OR CAUSE TO BE FILED such prescription information
with the department by electronic means [in such manner and detail] ON A
REAL TIME BASIS as the commissioner in consultation with the commission-
er of education shall, by regulation, require; PROVIDED,  HOWEVER,  THAT
THE  COMMISSIONER  MAY, PURSUANT TO A PROCESS ESTABLISHED IN REGULATION,
GRANT A WAIVER ALLOWING A PHARMACY TO MAKE SUCH FILINGS WITHIN A  LONGER
PERIOD  OF  TIME  IF  AND  TO  THE EXTENT THAT THE COMMISSIONER FINDS IT
WARRANTED, IN HIS OR HER DISCRETION, DUE TO ECONOMIC  HARDSHIP,  TECHNO-
LOGICAL  LIMITATIONS  THAT  ARE NOT REASONABLY WITHIN THE CONTROL OF THE
PHARMACY,  OR  OTHER  EXCEPTIONAL  CIRCUMSTANCE  DEMONSTRATED   BY   THE
PHARMACY;  AND  PROVIDED,  FURTHER, HOWEVER, THAT SUCH REGULATIONS SHALL
SPECIFY THE MANNER IN WHICH SUCH REQUIREMENTS SHALL APPLY TO THE  DELIV-
ERY  OF  CONTROLLED  SUBSTANCES TO INDIVIDUALS IN THIS STATE BY MEANS OF
MAIL OR LICENSED EXPRESS DELIVERY SERVICES.
  S 4. Paragraphs (d) and (e) of subdivision 1 of section  3371  of  the
public  health  law,  as amended by chapter 178 of the laws of 2010, are
amended and five new paragraphs (f), (g), (h), (i) and (j) are added  to
read as follows:

A. 10623                            7

  (d)  to  [a  central]  THE  PRESCRIPTION  MONITORING  PROGRAM registry
[established pursuant to this article; and] AND TO AUTHORIZED  USERS  OF
SUCH REGISTRY AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION;
  (e) to a practitioner to inform him or her that a patient may be under
treatment with a controlled substance by another practitioner[.] FOR THE
PURPOSES  OF  SUBDIVISION  TWO  OF  THIS  SECTION, AND TO FACILITATE THE
DEPARTMENT'S  REVIEW  OF  INDIVIDUAL  CHALLENGES  TO  THE  ACCURACY   OF
CONTROLLED  SUBSTANCES  HISTORIES PURSUANT TO SUBDIVISION SIX OF SECTION
THIRTY-THREE HUNDRED FORTY-THREE-A OF THIS ARTICLE;
  (F) TO A PHARMACIST TO PROVIDE INFORMATION REGARDING PRESCRIPTIONS FOR
CONTROLLED SUBSTANCES PRESENTED TO THE PHARMACIST FOR  THE  PURPOSES  OF
SUBDIVISION  TWO  OF  THIS  SECTION  AND  TO FACILITATE THE DEPARTMENT'S
REVIEW OF INDIVIDUAL CHALLENGES TO THE ACCURACY OF CONTROLLED SUBSTANCES
HISTORIES PURSUANT TO SUBDIVISION SIX OF  SECTION  THIRTY-THREE  HUNDRED
FORTY-THREE-A OF THIS ARTICLE;
  (G)  TO THE DEPUTY ATTORNEY GENERAL FOR MEDICAID FRAUD CONTROL, OR HIS
OR HER DESIGNEE, IN FURTHERANCE OF AN INVESTIGATION OF FRAUD,  WASTE  OR
ABUSE OF THE MEDICAID PROGRAM, PURSUANT TO AN AGREEMENT WITH THE DEPART-
MENT;
  (H)  TO A LOCAL HEALTH DEPARTMENT FOR THE PURPOSE OF CONDUCTING PUBLIC
HEALTH RESEARCH OR EDUCATION: (I) PURSUANT  TO  AN  AGREEMENT  WITH  THE
COMMISSIONER; (II) WHEN THE RELEASE OF SUCH INFORMATION IS DEEMED APPRO-
PRIATE  BY  THE  COMMISSIONER; (III) FOR USE IN ACCORDANCE WITH MEASURES
REQUIRED BY THE COMMISSIONER TO ENSURE THAT THE SECURITY  AND  CONFIDEN-
TIALITY  OF  THE DATA IS PROTECTED; AND (IV) PROVIDED THAT DISCLOSURE IS
RESTRICTED TO INDIVIDUALS WITHIN THE LOCAL  HEALTH  DEPARTMENT  WHO  ARE
ENGAGED IN THE RESEARCH OR EDUCATION;
  (I)  TO A MEDICAL EXAMINER OR CORONER WHO IS AN OFFICER OF OR EMPLOYED
BY A STATE OR LOCAL GOVERNMENT, PURSUANT TO HIS OR HER OFFICIAL  DUTIES;
AND
  (J) TO AN INDIVIDUAL FOR THE PURPOSE OF PROVIDING SUCH INDIVIDUAL WITH
HIS  OR  HER OWN CONTROLLED SUBSTANCE HISTORY OR, IN APPROPRIATE CIRCUM-
STANCES, IN THE CASE OF A PATIENT WHO LACKS CAPACITY TO MAKE HEALTH CARE
DECISIONS, A PERSON WHO HAS LEGAL AUTHORITY TO MAKE SUCH  DECISIONS  FOR
THE PATIENT AND WHO WOULD HAVE LEGAL ACCESS TO THE PATIENT'S HEALTH CARE
RECORDS, IF REQUESTED FROM THE DEPARTMENT PURSUANT TO SUBDIVISION SIX OF
SECTION  THIRTY-THREE  HUNDRED  FORTY-THREE-A  OF THIS ARTICLE OR FROM A
TREATING PRACTITIONER PURSUANT TO SUBPARAGRAPH (IV) OF PARAGRAPH (A)  OF
SUBDIVISION TWO OF THIS SECTION.
  S  5. Subdivision 2 of section 3371 of the public health law is renum-
bered subdivision 4 and two new subdivisions 2 and 3 are added  to  read
as follows:
  2. THE PRESCRIPTION MONITORING PROGRAM REGISTRY MAY BE ACCESSED, UNDER
SUCH  TERMS  AND  CONDITIONS  AS  ARE  ESTABLISHED BY THE DEPARTMENT FOR
PURPOSES OF MAINTAINING THE SECURITY AND CONFIDENTIALITY OF THE INFORMA-
TION CONTAINED IN THE REGISTRY, BY:
  (A) A PRACTITIONER, OR A  DESIGNEE  AUTHORIZED  BY  SUCH  PRACTITIONER
PURSUANT  TO  PARAGRAPH  (B)  OF SUBDIVISION TWO OF SECTION THIRTY-THREE
HUNDRED FORTY-THREE-A OF THIS ARTICLE, FOR THE PURPOSES OF:  (I) INFORM-
ING THE PRACTITIONER THAT A  PATIENT  MAY  BE  UNDER  TREATMENT  WITH  A
CONTROLLED SUBSTANCE BY ANOTHER PRACTITIONER; (II) PROVIDING THE PRACTI-
TIONER  WITH  NOTIFICATIONS  OF  CONTROLLED SUBSTANCE ACTIVITY AS DEEMED
RELEVANT BY THE DEPARTMENT, INCLUDING BUT NOT LIMITED TO A  NOTIFICATION
MADE AVAILABLE ON A MONTHLY OR OTHER PERIODIC BASIS THROUGH THE REGISTRY
OF  CONTROLLED  SUBSTANCES  ACTIVITY  PERTAINING  TO HIS OR HER PATIENT;
(III)  ALLOWING  THE   PRACTITIONER,   THROUGH   CONSULTATION   OF   THE

A. 10623                            8

PRESCRIPTION MONITORING PROGRAM REGISTRY, TO REVIEW HIS OR HER PATIENT'S
CONTROLLED  SUBSTANCES  HISTORY  AS  REQUIRED  BY  SECTION  THIRTY-THREE
HUNDRED FORTY-THREE-A OF THIS ARTICLE; AND (IV) PROVIDING TO HIS OR  HER
PATIENT,  OR  PERSON AUTHORIZED PURSUANT TO PARAGRAPH (J) OF SUBDIVISION
ONE OF THIS SECTION, UPON REQUEST, A COPY OF SUCH  PATIENT'S  CONTROLLED
SUBSTANCE  HISTORY  AS  IS  AVAILABLE  TO  THE  PRACTITIONER THROUGH THE
PRESCRIPTION MONITORING PROGRAM REGISTRY; OR
  (B) A PHARMACIST, PHARMACY INTERN OR OTHER DESIGNEE AUTHORIZED BY  THE
PHARMACIST  PURSUANT  TO  PARAGRAPH  (B) OF SUBDIVISION THREE OF SECTION
THIRTY-THREE HUNDRED FORTY-THREE-A OF THIS ARTICLE, FOR THE PURPOSES OF:
(I) CONSULTING THE PRESCRIPTION MONITORING PROGRAM  REGISTRY  TO  REVIEW
THE  CONTROLLED SUBSTANCES HISTORY OF AN INDIVIDUAL FOR WHOM ONE OR MORE
PRESCRIPTIONS FOR CONTROLLED SUBSTANCES IS PRESENTED TO THE  PHARMACIST,
PURSUANT  TO SECTION THIRTY-THREE HUNDRED FORTY-THREE-A OF THIS ARTICLE;
AND (II) RECEIVING FROM THE DEPARTMENT SUCH NOTIFICATIONS OF  CONTROLLED
SUBSTANCE ACTIVITY AS ARE MADE AVAILABLE BY THE DEPARTMENT.
  3.  WHERE  IT HAS REASON TO BELIEVE THAT A CRIME RELATED TO THE DIVER-
SION OF CONTROLLED SUBSTANCES HAS BEEN  COMMITTED,  THE  DEPARTMENT  MAY
NOTIFY  APPROPRIATE LAW ENFORCEMENT AGENCIES AND PROVIDE RELEVANT INFOR-
MATION ABOUT  THE  SUSPECTED  CRIMINAL  ACTIVITY,  INCLUDING  CONTROLLED
SUBSTANCES  PRESCRIBED  OR DISPENSED, AS REASONABLY APPEARS TO BE NECES-
SARY.  THE DEPARTMENT SHALL KEEP A RECORD OF THE  INFORMATION  PROVIDED,
INCLUDING, BUT NOT LIMITED TO: THE SPECIFIC INFORMATION PROVIDED AND THE
AGENCY  TO  WHICH  SUCH INFORMATION WAS PROVIDED, INCLUDING THE NAME AND
TITLE OF THE PERSON TO WHOM SUCH INFORMATION WAS PROVIDED AND AN  ATTES-
TATION  FROM  SUCH  PERSON  THAT HE OR SHE HAS AUTHORITY TO RECEIVE SUCH
INFORMATION.
  S 6. Section 3302 of the public health law is amended by adding a  new
subdivision 41 to read as follows:
  41. "REGISTRY" OR "PRESCRIPTION MONITORING PROGRAM REGISTRY" MEANS THE
PRESCRIPTION MONITORING PROGRAM REGISTRY ESTABLISHED PURSUANT TO SECTION
THIRTY-THREE HUNDRED FORTY-THREE-A OF THIS ARTICLE.
  S  7. This act shall take effect one year after it shall have become a
law; provided, however, that:
  (a) the commissioners of health and education are authorized  to  add,
amend  or  repeal any rule or regulation necessary and take other action
necessary for the implementation of such provisions  on  such  effective
date;
  (b)  prior  to  such  effective  date,  to the extent practicable, the
department of health  shall  authorize  practitioners,  pharmacists  and
designees to access the prescription monitoring registry as set forth in
this  act  and shall permit such access prior to such effective date, to
the extent practicable; and
  (c) nothing in subdivision (b) of this section shall require a practi-
tioner to consult the registry prior to the effective date of this act.

                                 PART B

  Section 1. Sections 270 through 276 and section 277 of article 2-A  of
the  public health law are designated title I and a new title heading is
added to read as follows:
            PREFERRED DRUG AND CLINICAL DRUG REVIEW PROGRAMS
  S 1-a. Sections 276-a and 276-b of article 2-A of  the  public  health
law are renumbered sections 278 and 279, respectively, and such sections
and  section 280 of such article are designated title II and a new title
heading is added to read as follows:

A. 10623                            9

                 PRESCRIPTION DRUGS; VARIOUS PROVISIONS
  S  2.  Article 2-A of the public health law is amended by adding a new
title III to read as follows:
                                TITLE III
   PRESCRIPTION FORMS, ELECTRONIC PRESCRIBING AND LANGUAGE ASSISTANCE
SECTION 281. OFFICIAL NEW YORK STATE PRESCRIPTION FORMS.
  S 281. OFFICIAL NEW YORK STATE PRESCRIPTION FORMS. 1. IN  ADDITION  TO
THE REQUIREMENTS OF SECTION SIXTY-EIGHT HUNDRED TEN OF THE EDUCATION LAW
OR  ARTICLE  THIRTY-THREE  OF THIS CHAPTER, ALL PRESCRIPTIONS WRITTEN IN
THIS  STATE  BY  A  PERSON  AUTHORIZED  BY  THIS  STATE  TO  ISSUE  SUCH
PRESCRIPTIONS   SHALL   BE   ON   SERIALIZED  OFFICIAL  NEW  YORK  STATE
PRESCRIPTION FORMS PROVIDED BY  THE  DEPARTMENT.  SUCH  FORMS  SHALL  BE
FURNISHED  TO  PRACTITIONERS  AUTHORIZED  TO  WRITE PRESCRIPTIONS AND TO
INSTITUTIONAL DISPENSERS, AND SHALL BE NON-REPRODUCIBLE  AND  NON-TRANS-
FERABLE.  THE  COMMISSIONER,  IN  CONSULTATION  WITH THE COMMISSIONER OF
EDUCATION, MAY PROMULGATE EMERGENCY REGULATIONS FOR THE ELECTRONIC TRAN-
SMISSION OF PRESCRIPTIONS FROM PRESCRIBERS TO PHARMACISTS OR FOR  ORDER-
ING  AND  FILLING  REQUIREMENTS  OF PRESCRIPTION DRUGS FOR PRESCRIPTIONS
WRITTEN FOR RECIPIENTS ELIGIBLE FOR MEDICAL ASSISTANCE PURSUANT TO TITLE
ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW, FOR  PARTICIPANTS  IN
THE  PROGRAM  FOR  ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PURSUANT TO
TITLE THREE OF ARTICLE TWO OF THE ELDER LAW AND FOR PRESCRIPTIONS  WRIT-
TEN  PURSUANT  TO ARTICLE THIRTY-THREE OF THIS CHAPTER.  NOTHING IN THIS
SECTION SHALL PROHIBIT THE COMMISSIONER IN CONSULTATION WITH THE COMMIS-
SIONER OF EDUCATION FROM PROMULGATING  ANY  ADDITIONAL  EMERGENCY  REGU-
LATIONS IN FURTHERANCE OF THIS SUBDIVISION.
  2.  THE  COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCA-
TION, SHALL PROMULGATE REGULATIONS REQUIRING THAT PRESCRIPTION FORMS AND
ELECTRONIC PRESCRIPTIONS INCLUDE: (A) A SECTION WHEREIN PRESCRIBERS  MAY
INDICATE WHETHER AN INDIVIDUAL IS LIMITED ENGLISH PROFICIENT, AS DEFINED
IN SECTION SIXTY-EIGHT HUNDRED TWENTY-NINE OF THE EDUCATION LAW; AND (B)
IF  THE PATIENT IS LIMITED ENGLISH PROFICIENT, A LINE WHERE THE PRESCRI-
BER MAY SPECIFY THE PREFERRED LANGUAGE INDICATED BY THE PATIENT.   FAIL-
URE  TO  INCLUDE SUCH INDICATION ON THE PART OF THE PRESCRIBER SHALL NOT
INVALIDATE THE PRESCRIPTION.
  3. ON OR  BEFORE  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  TWELVE,  THE
COMMISSIONER  SHALL  PROMULGATE  REGULATIONS,  IN  CONSULTATION WITH THE
COMMISSIONER  OF  EDUCATION,  ESTABLISHING  STANDARDS   FOR   ELECTRONIC
PRESCRIPTIONS.  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS SECTION OR
ANY OTHER LAW TO THE CONTRARY, EFFECTIVE TWO  YEARS  SUBSEQUENT  TO  THE
DATE  ON  WHICH  SUCH REGULATIONS ARE PROMULGATED, NO PERSON SHALL ISSUE
ANY PRESCRIPTION IN THIS STATE UNLESS SUCH PRESCRIPTION IS MADE BY ELEC-
TRONIC PRESCRIPTION FROM THE PERSON ISSUING THE PRESCRIPTION TO A  PHAR-
MACY   IN   ACCORDANCE   WITH  SUCH  REGULATORY  STANDARDS,  EXCEPT  FOR
PRESCRIPTIONS: (A) ISSUED BY VETERINARIANS; (B) ISSUED IN  CIRCUMSTANCES
WHERE  ELECTRONIC  PRESCRIBING IS NOT AVAILABLE DUE TO TEMPORARY TECHNO-
LOGICAL OR ELECTRICAL FAILURE, AS SET FORTH IN REGULATION; (C) ISSUED BY
PRACTITIONERS WHO HAVE RECEIVED A WAIVER OR  A  RENEWAL  THEREOF  FOR  A
SPECIFIED PERIOD DETERMINED BY THE COMMISSIONER, NOT TO EXCEED ONE YEAR,
FROM  THE REQUIREMENT TO USE ELECTRONIC PRESCRIBING, PURSUANT TO A PROC-
ESS ESTABLISHED IN REGULATION BY THE COMMISSIONER, IN CONSULTATION  WITH
THE  COMMISSIONER  OF EDUCATION, DUE TO ECONOMIC HARDSHIP, TECHNOLOGICAL
LIMITATIONS THAT ARE NOT REASONABLY WITHIN THE CONTROL  OF  THE  PRACTI-
TIONER,  OR  OTHER  EXCEPTIONAL CIRCUMSTANCE DEMONSTRATED BY THE PRACTI-
TIONER; (D) ISSUED BY A PRACTITIONER UNDER CIRCUMSTANCES WHERE, NOTWITH-
STANDING THE  PRACTITIONER'S  PRESENT  ABILITY  TO  MAKE  AN  ELECTRONIC

A. 10623                           10

PRESCRIPTION  AS REQUIRED BY THIS SUBDIVISION, SUCH PRACTITIONER REASON-
ABLY DETERMINES THAT IT WOULD BE IMPRACTICAL FOR THE PATIENT  TO  OBTAIN
SUBSTANCES PRESCRIBED BY ELECTRONIC PRESCRIPTION IN A TIMELY MANNER, AND
SUCH  DELAY  WOULD  ADVERSELY  IMPACT  THE  PATIENT'S MEDICAL CONDITION,
PROVIDED THAT IF SUCH PRESCRIPTION IS FOR A  CONTROLLED  SUBSTANCE,  THE
QUANTITY  OF  CONTROLLED SUBSTANCES DOES NOT EXCEED A FIVE DAY SUPPLY IF
THE CONTROLLED SUBSTANCE WERE USED IN ACCORDANCE WITH THE DIRECTIONS FOR
USE; OR (E) ISSUED BY A PRACTITIONER  TO  BE  DISPENSED  BY  A  PHARMACY
LOCATED OUTSIDE THE STATE, AS SET FORTH IN REGULATION.
  4.  IN THE CASE OF A PRESCRIPTION FOR A CONTROLLED SUBSTANCE ISSUED BY
A PRACTITIONER UNDER PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION,
THE PRACTITIONER SHALL FILE  INFORMATION  ABOUT  THE  ISSUANCE  OF  SUCH
PRESCRIPTION WITH THE DEPARTMENT AS SOON AS PRACTICABLE, AS SET FORTH IN
REGULATION.
  5.  IN THE CASE OF A PRESCRIPTION FOR A CONTROLLED SUBSTANCE ISSUED BY
A PRACTITIONER UNDER PARAGRAPH (D) OR (E) OF SUBDIVISION THREE  OF  THIS
SECTION,  THE  PRACTITIONER  SHALL, UPON ISSUING SUCH PRESCRIPTION, FILE
INFORMATION ABOUT THE ISSUANCE OF SUCH PRESCRIPTION WITH THE  DEPARTMENT
BY ELECTRONIC MEANS, AS SET FORTH IN REGULATION.
  6.  THE WAIVER PROCESS ESTABLISHED IN REGULATION PURSUANT TO PARAGRAPH
(C) OF SUBDIVISION THREE OF THIS SECTION SHALL PROVIDE  THAT  A  PRACTI-
TIONER  PRESCRIBING UNDER A WAIVER MUST NOTIFY THE DEPARTMENT IN WRITING
PROMPTLY UPON GAINING THE CAPABILITY TO USE ELECTRONIC PRESCRIBING,  AND
THAT  A  WAIVER  SHALL TERMINATE WITHIN A SPECIFIED PERIOD OF TIME AFTER
THE PRACTITIONER GAINS SUCH CAPABILITY.
  S 3. Section 6810 of the education law is amended by adding  four  new
subdivisions 10, 11, 12 and 13 to read as follows:
  10.  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS SECTION OR ANY OTHER
LAW TO THE CONTRARY, EFFECTIVE TWO YEARS SUBSEQUENT TO THE DATE ON WHICH
REGULATIONS ESTABLISHING  STANDARDS  FOR  ELECTRONIC  PRESCRIPTIONS  ARE
PROMULGATED  BY  THE  COMMISSIONER  OF  HEALTH, IN CONSULTATION WITH THE
COMMISSIONER PURSUANT TO SUBDIVISION THREE OF SECTION TWO HUNDRED EIGHT-
Y-ONE OF  THE  PUBLIC  HEALTH  LAW,  NO  PRACTITIONER  SHALL  ISSUE  ANY
PRESCRIPTION  IN  THIS  STATE, UNLESS SUCH PRESCRIPTION IS MADE BY ELEC-
TRONIC PRESCRIPTION FROM THE PRACTITIONER  TO  A  PHARMACY,  EXCEPT  FOR
PRESCRIPTIONS:  (A)  ISSUED BY VETERINARIANS; (B) ISSUED OR DISPENSED IN
CIRCUMSTANCES WHERE ELECTRONIC  PRESCRIBING  IS  NOT  AVAILABLE  DUE  TO
TEMPORARY  TECHNOLOGICAL  OR  ELECTRICAL  FAILURE, AS SET FORTH IN REGU-
LATION; (C) ISSUED BY PRACTITIONERS WHO HAVE  RECEIVED  A  WAIVER  OR  A
RENEWAL THEREOF FOR A SPECIFIED PERIOD DETERMINED BY THE COMMISSIONER OF
HEALTH,  NOT  TO EXCEED ONE YEAR, FROM THE REQUIREMENT TO USE ELECTRONIC
PRESCRIBING, PURSUANT TO A PROCESS  ESTABLISHED  IN  REGULATION  BY  THE
COMMISSIONER  OF  HEALTH,  IN  CONSULTATION WITH THE COMMISSIONER DUE TO
ECONOMIC HARDSHIP, TECHNOLOGICAL LIMITATIONS  THAT  ARE  NOT  REASONABLY
WITHIN  THE  CONTROL  OF  THE PRACTITIONER, OR OTHER EXCEPTIONAL CIRCUM-
STANCE DEMONSTRATED BY THE PRACTITIONER; (D) ISSUED  BY  A  PRACTITIONER
UNDER  CIRCUMSTANCES  WHERE,  NOTWITHSTANDING THE PRACTITIONER'S PRESENT
ABILITY TO MAKE AN ELECTRONIC PRESCRIPTION AS REQUIRED BY THIS  SUBDIVI-
SION, SUCH PRACTITIONER REASONABLY DETERMINES THAT IT WOULD BE IMPRACTI-
CAL  FOR  THE  PATIENT  TO  OBTAIN  SUBSTANCES  PRESCRIBED BY ELECTRONIC
PRESCRIPTION IN A TIMELY MANNER, AND SUCH DELAY WOULD  ADVERSELY  IMPACT
THE  PATIENT'S  MEDICAL CONDITION, PROVIDED THAT IF SUCH PRESCRIPTION IS
FOR A CONTROLLED SUBSTANCE, THE QUANTITY THAT DOES NOT EXCEED A FIVE DAY
SUPPLY IF THE CONTROLLED SUBSTANCE  WAS  USED  IN  ACCORDANCE  WITH  THE
DIRECTIONS FOR USE; OR (E) ISSUED BY A PRACTITIONER TO BE DISPENSED BY A
PHARMACY LOCATED OUTSIDE THE STATE, AS SET FORTH IN REGULATION.

A. 10623                           11

  11. IN THE CASE OF A PRESCRIPTION ISSUED BY A PRACTITIONER UNDER PARA-
GRAPH  (B) OF SUBDIVISION TEN OF THIS SECTION, THE PRACTITIONER SHALL BE
REQUIRED TO FILE INFORMATION ABOUT THE  ISSUANCE  OF  SUCH  PRESCRIPTION
WITH  THE  DEPARTMENT  OF HEALTH AS SOON AS PRACTICABLE, AS SET FORTH IN
REGULATION.
  12. IN THE CASE OF A PRESCRIPTION ISSUED BY A PRACTITIONER UNDER PARA-
GRAPH  (D)  OR  (E) OF SUBDIVISION TEN OF THIS SECTION, THE PRACTITIONER
SHALL, UPON ISSUING SUCH PRESCRIPTION, FILE INFORMATION ABOUT THE  ISSU-
ANCE  OF  SUCH  PRESCRIPTION WITH THE DEPARTMENT OF HEALTH BY ELECTRONIC
MEANS, AS SET FORTH IN REGULATION.
  13. THE WAIVER PROCESS ESTABLISHED IN REGULATION PURSUANT TO PARAGRAPH
(C) OF SUBDIVISION TEN OF THIS SECTION SHALL PROVIDE THAT A PRACTITIONER
PRESCRIBING UNDER A WAIVER MUST NOTIFY THE DEPARTMENT IN WRITING PROMPT-
LY UPON GAINING THE CAPABILITY TO USE ELECTRONIC PRESCRIBING, AND THAT A
WAIVER SHALL TERMINATE WITHIN A SPECIFIED PERIOD OF TIME AFTER THE PRAC-
TITIONER GAINS SUCH CAPABILITY.
  S 4. Section 21 of the public health law is REPEALED.
  S 5. This act shall take effect immediately; provided,  however,  that
the provisions of subdivision 2 of section 281 of the public health law,
as  added  by section two of this act, shall take effect March 30, 2013,
except that as of such date, the commissioner of health, the commission-
er of education and the state board of pharmacy are immediately  author-
ized and directed to take actions necessary to implement such provisions
as  of  such date; provided, further, that any rules or regulations that
have been adopted or proposed prior to the effective date  of  this  act
which  are  applicable  to section 21 of the public health law shall now
apply to section 281 of the public health law as added by section two of
this act; and provided, further, that any rules or regulations that have
been adopted or proposed prior to the effective date of this  act  which
are  applicable  to  sections  276-a  and 276-b of the public health law
shall now apply to section 278 and 279 of the public health law, respec-
tively, renumbered by section one-a of this act.

                                 PART C

  Section 1.  Paragraph 1 of subdivision (b) of schedule II  of  section
3306  of the public health law, as amended by chapter 457 of the laws of
2006, is amended to read as follows:
  (1) Opium and opiate, and any salt, compound, derivative, or  prepara-
tion of opium or opiate, excluding apomorphine, dextrorphan, nalbuphine,
nalmefene,  naloxone,  and  naltrexone,  and their respective salts, but
including the following:
  1. Raw opium.
  2. Opium extracts.
  3. Opium fluid.
  4. Powdered opium.
  5. Granulated opium.
  6. Tincture of opium.
  7. Codeine.
  8. Ethylmorphine.
  9. Etorphine hydrochloride.
  10. Hydrocodone (ALSO KNOWN AS DIHYDROCODEINONE).
  11. Hydromorphone.
  12. Metopon.
  13. Morphine.
  14. Oxycodone.

A. 10623                           12

  15. Oxymorphone.
  16. Thebaine.
  17. Dihydroetorphine.
  18. ORIPAVINE.
  S  2.  Schedule II of section 3306 of the public health law is amended
by adding a new subdivision (b-1) to read as follows:
  (B-1) UNLESS SPECIFICALLY EXCEPTED OR UNLESS LISTED IN ANOTHER  SCHED-
ULE,  ANY  MATERIAL, COMPOUND, MIXTURE, OR PREPARATION CONTAINING ANY OF
THE FOLLOWING, OR THEIR SALTS CALCULATED AS THE FREE ANHYDROUS  BASE  OR
ALKALOID, IN LIMITED QUANTITIES AS SET FORTH BELOW:
  (1) NOT MORE THAN THREE HUNDRED MILLIGRAMS OF DIHYDROCODEINONE (HYDRO-
CODONE)  PER ONE HUNDRED MILLILITERS OR NOT MORE THAN FIFTEEN MILLIGRAMS
PER DOSAGE UNIT, WITH A FOURFOLD OR GREATER QUANTITY OF AN  ISOQUINOLINE
ALKALOID OF OPIUM.
  (2) NOT MORE THAN THREE HUNDRED MILLIGRAMS OF DIHYDROCODEINONE (HYDRO-
CODONE)  PER ONE HUNDRED MILLILITERS OR NOT MORE THAN FIFTEEN MILLIGRAMS
PER DOSAGE UNIT, WITH ONE OR  MORE  ACTIVE  NONNARCOTIC  INGREDIENTS  IN
RECOGNIZED THERAPEUTIC AMOUNTS.
  S  3. Section 3307 of the public health law is amended by adding a new
subdivision 5 to read as follows:
  5. THE COMMISSIONER SHALL ESTABLISH MINIMUM STANDARDS FOR THE STORAGE,
REPORTING, ORDERING AND RECORD KEEPING OF CONTROLLED  SUBSTANCES  SPECI-
FIED IN SUBDIVISION (B-1) OF SCHEDULE II OF SECTION THIRTY-THREE HUNDRED
SIX  OF  THIS  ARTICLE  BY  MANUFACTURERS  AND  DISTRIBUTORS  AS IF SUCH
SUBSTANCES WERE SET  FORTH  IN  SCHEDULE  III  OF  SECTION  THIRTY-THREE
HUNDRED SIX OF THIS ARTICLE.
  S  4. Paragraph 6 of subdivision (b) of schedule II of section 3306 of
the public health law is REPEALED.
  S 5. Subdivision (c) of schedule II of  section  3306  of  the  public
health law is amended by adding a new paragraph 28 to read as follows:
  (28) TAPENTADOL.
  S  6.  Subdivision  (d)  of  schedule II of section 3306 of the public
health law, as added by chapter 664 of the laws of 1985, paragraph 5  as
added by chapter 178 of the laws of 2010, is amended to read as follows:
  (d)  Stimulants.  Unless  specifically  excepted  or  unless listed in
another schedule, any material, compound, mixture, or preparation  which
contains  any  quantity  of  the following substances having a stimulant
effect on the central nervous system, INCLUDING ITS SALTS, ISOMERS,  AND
SALTS OF ISOMERS:
  (1) Amphetamine[, its salts, optical isomers, and salts of its optical
isomers].
  (2) Methamphetamine[, its salts, isomers, and salts of its isomers].
  (3) Phenmetrazine [and its salts].
  (4) Methylphenidate.
  (5) Lisdexamfetamine.
  S  7.    Subdivision  (g) of schedule II of section 3306 of the public
health law is amended by adding a new paragraph 3 to read as follows:
  (3) IMMEDIATE PRECURSOR TO FENTANYL:
  (I) 4-ANILINO-N-PHENETHYL-4-PIPERIDINE (ANPP).
  S 8. Subdivision (h) of schedule II of  section  3306  of  the  public
health law, as amended by chapter 178 of the laws of 2010, is amended to
read as follows:
  (h)  Anabolic  steroids. Unless specifically excepted or unless listed
in another schedule, "anabolic steroid" shall mean any drug or  hormonal
substance,  chemically  and  pharmacologically  related  to testosterone
(other than estrogens, progestins, corticosteroids and dehydroepiandros-

A. 10623                           13

terone)  [that  promotes  muscle  growth,  or  any  material,  compound,
mixture,  or  preparation  which  contains  any  amount of the following
substances] AND INCLUDES:
  (1) 3{beta}, 17-dihydroxy-5a-androstane.
  (2) 3{alpha}, 17{beta}-dihydroxy-5a-androstane.
  (3) 5{alpha}-androstan-3,17-dione.
  (4) 1-androstenediol (3{beta},17{beta}-dihydroxy-5{alpha}-androst-1-
ene).
  (5) 1-androstenediol (3{alpha},17{beta}-dihydroxy-5{alpha}-androst-1-
ene).
  (6) 4-androstenediol (3{beta}, 17{beta}-dihydroxy-androst-4-ene).
  (7) 5-androstenediol (3{beta}, 17{beta}-dihydroxy-androst-5-ene).
  (8) 1-androstenedione ({5{alpha}}-androst-1-en-3,17-dione).
  (9) 4-androstenedione (androst-4-en-3,17-dione).
  (10) 5-androstenedione (androst-5-en-3,17-dione).
  (11) Bolasterone (7{alpha},17{alpha}-dimethyl-17{beta}-hydroxyandrost-
4-en-3-one).
  (12) Boldenone (17{beta}-hydroxyandrost-1, 4,-diene-3-one).
  (13) BOLDIONE (ANDROSTA-1,4-DIENE-3,17-DIONE).
  (14) Calusterone (7{beta}, 17{alpha}-dimethyl-17{beta}-hydroxyandrost-
4-en-3-one).
  [(14)] (15) Clostebol (4-chloro-17{beta}-hydroxyandrost-4-en-3-one).
  [(15)]    (16) Dehydrochloromethyltestosterone    [(4-chloro-17{beta}-
hydroxy-17{alpha}-methyl-androst-1]        (4-CHLORO-17{BETA}-HYDROXY-17
{ALPHA}-METHYL-ANDROST-1, 4-dien-3-one).
  [(16)]  (17)  {Delta}  1-dihydrotestosterone (a.k.a. '1-testosterone')
(17 {beta}-hydroxy-5{alpha}-androst-1-en-3-one).
  [(17)] (18) 4-dihydrotestosterone (17{beta}-hydroxy-androstan-3-one).
  [(18)]  (19)  Drostanolone  (17{beta}-hydroxy-2{alpha}-methyl-5{alpha}
-androstan-3-one).
  [(19)]   (20)   Ethylestrenol   (17{alpha}-ethyl-17{beta}-hydroxyestr-
4-ene).
  [(20)] (21)  Fluoxymesterone  (9-fluoro-17{alpha}-methyl-11{beta},  17
{beta}-[dihydroxandrost]DIHYDROXYANDROST-4-en-3-one).
  [(21)]    (22)    Formebolone    (2-formyl-17{alpha}-methyl-11{alpha},
17{beta}-dihydroxyandrost-1, 4-dien-3-one).
  [(22)]     (23) Furazabol (17{alpha}-methyl-17{beta}-hydroxyandrostano
{2, 3-c}-furazan).
  [(23) 13{beta}-ethyl-17{alpha}-hydroxygon-4-en-3-one]
  (24) 13{BETA}-ETHYL-17{BETA}-HYROXYGON-4-EN-3-ONE.
  [(24)]  (25)  4-hydroxytestosterone  [(4,17 {beta}-dihydroxyandrost-4-
en-3-one)] (4, 17{BETA}-DIHYDROXY-ANDROST-4-EN-3-ONE).
  [(25)]                (26)                4-hydroxy-19-nortestosterone
(4,17{beta}-dihydroxy-estr-4-en-3-one).
  [(26)]                  (27)                  DESOXYMETHYLTESTOSTERONE
(17{ALPHA}-METHYL-5{ALPHA}-ANDROST-2-EN-17{BETA}-OL) (A.K.A., MADOL).
  (28) Mestanolone                   (17{alpha}-methyl-17{beta}-hydroxy-
5-androstan-3-one).
  [(27)]           (29) Mesterolone (1{alpha}[-]methyl-17{beta}-hydroxy-
{5{alpha}}-androstan-3-one).
  [(28)] (30) Methandienone (17{alpha}-methyl-17{beta}-hydroxyandrost-1,
4-dien-3-one).
  [(29)]       (31)        Methandriol        (17{alpha}-methyl-3{beta},
17{beta}-dihydroxyandrost-5-ene).
  [(30)]  (32)  Methenolone (1-methyl-17{beta}-hydroxy-5{alpha}-androst-
1-en-3-one).

A. 10623                           14

  [(31)] (33) 17{alpha}-methyl-3{beta},17{beta}-dihydroxy-5a-androstane.
  [(32)]  (34) 17{alpha}-methyl-3{alpha}, 17{beta}-dihydroxy- 5a-andros-
tane.
  [(33)] (35) 17{alpha}-methyl-3{beta}, 17{beta}-dihydroxyandrost-4-ene.
  [(34)] (36) 17{alpha}-methyl-4-hydroxynandrolone  (17{alpha}-methyl-4-
hydroxy-17{beta}-hydroxyestr-4-en-3-one).
  [(35)]  (37)  Methyldienolone (17{alpha}-methyl-17{beta}-hydroxyestra-
4,9(10)-dien-3-one).
  [(36)]                             (38)               Methyltrienolone
(17{alpha}-methyl-17{beta}-hydroxyestra-4, 9-11-trien-3-one).
  [(37)]                     (39)                     Methyltestosterone
(17{alpha}-methyl-17{beta}-hydroxyandrost- 4-en-3-one).
  [(38)]                         (40)                         Mibolerone
(7{alpha},17{alpha}-dimethyl-17{beta}-hydroxyestr- 4-en-3-one).
  [(39)]             (41) 17{alpha}-methyl-{Delta} 1-dihydrotestosterone
(17b{beta}-hydroxy-17{alpha}-methyl-5{alpha}-androst-1-en-3-one)
(a.k.a. '17-{alpha}-methyl-1-testosterone').
  [(40)] (42) Nandrolone(17{beta}-hydroxyestr-4-en-3-one).
  [(41)]  (43)  19-nor-4-androstenediol  (3{beta},17{beta}-dihydroxyestr
-4-ene).
  [(42)]  (44) 19-nor-4-androstenediol (3{alpha},17{beta}-dihydroxyestr-
4-ene).
  [(43)]  (45)  19-nor-5-androstenediol  (3{beta},17{beta}-dihydroxyestr
-5-ene).
  [(44)]  (46) 19-nor-5-androstenediol (3{alpha},17{beta}-dihydroxyestr-
5-ene).
  [(45)]             (47)              19-NOR-4,9(10)-ANDROSTADIENEDIONE
(ESTRA-4,9(10)-DIENE-3,17-DIONE).
  (48) 19-nor-4-androstenedione (estr-4-en-3,17-dione).
  [(46)] (49) 19-nor-5-androstenedione (estr-5-en-3,17-dione).
  [(47)]   (50)   Norbolethone   (13{beta},   17{alpha}-diethyl-17{beta}
-hydroxygon-4-en-3-one).
  [(48)] (51) Norclostebol (4-chloro-17{beta}-hydroxyestr-4-en-3-one).
  [(49)]  (52)  Norethandrolone   (17{alpha}-ethyl-17{beta}-hydroxyestr-
4-en-3-one).
  [(50)]      (53)      Normethandrolone      (17{alpha}-methyl-17{beta}
-hydroxyestr-4-en-3-one).
  [(51)]  (54)   Oxandrolone   (17{alpha}-methyl-17{beta}-hydroxy-2-oxa-
{5{alpha}}-androstan-3-one).
  [(52)]  (55)  Oxymesterone  (17{alpha}-methyl-4, 17{beta}-dihydroxy[-]
androst-4-en-3-one).
  [(53)]  (56)  Oxymetholone  (17   {alpha}-methyl-2-hydroxymethylene-17
{beta}-hydroxy-{5{alpha}}- androstan-3-one).
  [(54)]  (57) Stanozolol (17{alpha}-methyl-17{beta}-hydroxy-{5{alpha}}-
androst-2-eno{3, 2-c}-pyrazole).
  [(55)] (58) Stenbolone  (17{beta}-hydroxy-2-methyl-{5{alpha}}-androst-
1-en-3-one).
  [(56)]   (59)  Testolactone  (13-hydroxy-3-oxo-13,  17-secoandrosta-1,
4-dien-17-oic acid lactone).
  [(57)] (60) Testosterone (17{beta}-hydroxyandrost-4-en-3-one).
  [(58)]   (61)   Tetrahydrogestrinone   (13{beta},    17{alpha}-diethyl
-17{beta}-hydroxygon-4, 9, 11-trien-3-one).
  [(59)] (62) Trenbolone (17{beta}-hydroxyestr-4, 9, 11-trien-3-one).
  [(60)]  (63) Any salt, ester or ether of a drug or substance described
or listed in this subdivision.

A. 10623                           15

  S 9.  The opening paragraph of subdivision  (c)  of  schedule  III  of
section  3306  of  the public health law, as added by chapter 664 of the
laws of 1985, is amended to read as follows:
  Unless specifically excepted or unless listed in another schedule, any
material,  compound, mixture, or preparation which contains any quantity
of the following substances having a depressant effect  on  the  central
nervous system, INCLUDING ITS SALTS, ISOMERS, AND SALTS OF ISOMERS:
  S  10.  Subdivision  (e) of schedule III of section 3306 of the public
health law, as added by chapter 664 of the laws of  1985,  paragraphs  3
and  4  as amended by chapter 589 of the laws of 1996 and paragraph 9 as
added by chapter 457 of the laws of 2006, is amended to read as follows:
  (e) Narcotic drugs. Unless specifically excepted or unless  listed  in
another  schedule,  any  material,  compound,  mixture,  or  preparation
containing any of the following narcotic drugs, or  their  salts  calcu-
lated  as  the free anhydrous base or alkaloid, in limited quantities as
set forth below:
  (1) Not more than 1.8 grams of codeine per one hundred milliliters  or
not more than ninety milligrams per dosage unit, with an equal or great-
er quantity of an isoquinoline alkaloid of opium.
  (2)  Not more than 1.8 grams of codeine per one hundred milliliters or
not more than ninety milligrams  per  dosage  unit,  with  one  or  more
active, nonnarcotic ingredients in recognized therapeutic amounts.
  (3)  [Not  more  than  three  hundred  milligrams  of dihydrocodeinone
(hydrocodone) per one hundred  milliliters  or  not  more  than  fifteen
milligrams  per  dosage  unit, with a fourfold or greater quantity of an
isoquinoline alkaloid of opium.
  (4) Not more than three hundred milligrams of dihydrocodeinone (hydro-
codone) per one hundred milliliters or not more than fifteen  milligrams
per  dosage  unit,  with  one  or more active nonnarcotic ingredients in
recognized therapeutic amounts.
  (5)] Not more than 1.8 grams of dihydrocodeine per one hundred  milli-
liters  or  not more than ninety milligrams per dosage unit, with one or
more active nonnarcotic ingredients in recognized therapeutic amounts.
  [(6)] (4) Not more than three hundred milligrams of ethylmorphine  per
one  hundred  milliliters or not more than fifteen milligrams per dosage
unit, with one or more active,  nonnarcotic  ingredients  in  recognized
therapeutic amounts.
  [(7)]  (5)  Not  more  than  five  hundred milligrams of opium per one
hundred milliliters or per one hundred grams or not  more  than  twenty-
five  milligrams  per  dosage unit, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts.
  [(8)] (6) Not more than fifty milligrams of morphine per  one  hundred
milliliters  or  per one hundred grams, with one or more active, nonnar-
cotic ingredients in recognized therapeutic amounts.
  [(9)] (7) Buprenorphine in any quantities.
  S 11. Subdivision (f) of schedule III of section 3306  of  the  public
health law, as amended by chapter 178 of the laws of 2010, is amended to
read as follows:
  (f)  [(i)]  Dronabinol (SYNTHETIC) in sesame oil and encapsulated in a
soft gelatin capsule in a [drug product approved for marketing  by  the]
U.S. Food and Drug Administration [(FDA)] APPROVED PRODUCT.
  [(ii)  Any  drug  product in tablet or capsule form containing natural
dronabinol derived from the cannabis  (plant)  or  synthetic  dronabinol
(produced  from  synthetic  materials) for which an abbreviated new drug
application (ANDA) has been approved by the FDA under section 505(j)  of
the  Federal Food, Drug, and Cosmetic Act which references as its listed

A. 10623                           16

drug the drug product referred to in paragraph (i) of this subdivision.]
Some other names for dronabinol include: (6aR-trans)-6a, 7, 8,  10a-tet-
rahydro-6,   6,   9-trimethyl-3-pentyl-6H-dibenzo{b,d}   pyran-1-o1,  or
(-)-delta-9-(trans) - tetrahydrocannabinol.
  S  12.  Subdivision  (c)  of schedule IV of section 3306 of the public
health law is amended by adding two new paragraphs 52 and 53 to read  as
follows:
  (52) FOSPROPOFOL.
  (53) CARISOPRODOL.
  S  13.  Paragraph 11 of subdivision (e) of schedule IV of section 3306
of the public health law, as added by chapter 457 of the laws  of  2006,
is amended to read as follows:
  (11) [Modafanil] MODAFINIL.
  S  14.  Subdivision  (f)  of schedule IV of section 3306 of the public
health law is amended by adding a new paragraph 3 to read as follows:
  (3) TRAMADOL IN ANY QUANTITIES.
  S 15. Subdivision (b) of schedule V of  section  3306  of  the  public
health  law,  as added by chapter 664 of the laws of 1985, is amended to
read as follows:
  (b) Narcotic drugs containing nonnarcotic  active  medicinal  ingredi-
ents.  Any  compound,  mixture,  or  preparation  containing  any of the
following narcotic drugs, or their salts calculated as the  free  anhyd-
rous  base  or alkaloid, in limited quantities as set forth below, which
shall include one or more nonnarcotic active  medicinal  ingredients  in
sufficient  proportion to confer upon the compound, mixture, or prepara-
tion  valuable  medicinal  [qualitites]  QUALITIES  other   than   those
possessed by narcotic drugs alone:
  (1)  Not  more  than two hundred milligrams of codeine per one hundred
milliliters or per one hundred grams.
  (2) Not more than one hundred milligrams  of  dihydrocodeine  per  one
hundred milliliters or per one hundred grams.
  (3)  Not  more  than  one  hundred milligrams of ethylmorphine per one
hundred milliliters or per one hundred grams.
  (4) Not more than 2.5 milligrams of diphenoxylate and  not  less  than
twenty-five micrograms of atropine sulfate per dosage unit.
  (5)  Not  more  than  one  hundred milligrams of opium per one hundred
milliliters or per one hundred grams.
  (6) Not more than 0.5 milligram of difenoxin and not less  than  twen-
ty-five micrograms of atropine sulfate per dosage unit.
  S  16.  Subdivision  (d)  of  schedule V of section 3306 of the public
health law, as added by chapter 178 of the laws of 2010, is  amended  to
read as follows:
  (d)  Depressants.  Unless  specifically exempted or excluded or unless
listed in another schedule, any material, compound, mixture, or prepara-
tion which contains any quantity of the following  substances  having  a
depressant  effect  on  the central nervous system, including its salts,
ISOMERS, AND SALTS OF ISOMERS:
  (1)   EZOGABINE   {N-{2-AMINO-4-(4-FLUOROBENZYLAMINO)-PHENYL}-CARBAMIC
ACID ETHYL ESTER}.
  (2) LACOSAMIDE {(R)-2-ACETOAMIDO-N-BENZYL-3-METHOXY-PROPIONAMIDE}.
  (3) Pregabalin [(]{(S)-3-(aminomethyl)-5-methylhexanoic acid[)]}.
  S  17.  Subdivision  7  of  section  3331 of the public health law, as
amended by chapter 640 of the laws  of  1990,  is  amended  to  read  as
follows:
  7.  A  practitioner  may  not  administer,  prescribe  or dispense any
substance referred to in subdivision (h) [or subdivision (j)] of  Sched-

A. 10623                           17

ule  II,  AND SUBDIVISION (G) OF SCHEDULE III, of section three thousand
three hundred six of this article for other than therapeutic purposes. A
practitioner  may  not  administer,  prescribe  or  dispense  any   such
substance to any individual without first obtaining the informed consent
of  such individual, or where the individual lacks capacity to give such
consent, a person legally authorized to consent on his or her behalf.
  S 18. Subdivision 8 of section 220.00 of the penal law, as amended  by
chapter 664 of the laws of 1985, is amended to read as follows:
  8.  "Narcotic  preparation"  means  any controlled substance listed in
schedule II(B-1), III(d) or III(e).
  S 19. This act shall take effect on the ninetieth day after  it  shall
have  become a law; provided that sections two, three, ten, fourteen and
eighteen shall take effect on the one hundred  eightieth  day  after  it
shall  have  become a law; and provided that sections fifteen and seven-
teen of this act shall take effect immediately.

                                 PART D

  Section 1. Subparagraphs (i), (ii)  and  (iii)  of  paragraph  (b)  of
subdivision  2  of  section 3309-a of the public health law, as added by
section 52 of part D of chapter 56 of the laws of 2012, are amended  and
a new subparagraph (iv) is added to read as follows:
  (i)  Report to the commissioner regarding the development of recommen-
dations and model courses for continuing  medical  education,  refresher
courses  and  other  training materials for licensed health care profes-
sionals on appropriate use of prescription pain medication. Such  recom-
mendations,  model courses and other training materials shall be submit-
ted to the commissioner, who shall make such information  available  for
the  use  in medical education, residency programs, fellowship programs,
and for use in continuing medication education programs  no  later  than
January  first,  two  thousand thirteen. SUCH RECOMMENDATIONS ALSO SHALL
INCLUDE RECOMMENDATIONS  ON:  (A)  EDUCATIONAL  AND  CONTINUING  MEDICAL
EDUCATION   REQUIREMENTS   FOR   PRACTITIONERS  APPROPRIATE  TO  ADDRESS
PRESCRIPTION PAIN MEDICATION AWARENESS AMONG HEALTH CARE  PROFESSIONALS;
(B)   CONTINUING  EDUCATION  REQUIREMENTS  FOR  PHARMACISTS  RELATED  TO
PRESCRIPTION PAIN MEDICATION AWARENESS; AND (C) CONTINUING EDUCATION  IN
PALLIATIVE  CARE AS IT RELATES TO PAIN MANAGEMENT, FOR WHICH PURPOSE THE
WORK GROUP SHALL CONSULT THE NEW YORK STATE  PALLIATIVE  CARE  EDUCATION
AND TRAINING COUNCIL;
  (ii)  No  later  than  January  first,  two thousand thirteen, provide
outreach and assistance to health  care  professional  organizations  to
encourage  and facilitate continuing medical education training programs
for their members regarding appropriate prescribing  practices  FOR  THE
BEST PATIENT CARE and the risks associated with [prescription] OVERPRES-
CRIBING AND UNDERPRESCRIBING pain medication; [and]
  (iii)  Provide information to the commissioner for use in the develop-
ment and continued update of the public  awareness  campaign,  including
information,  resources, and active web links that should be included on
the website[.]; AND
  (IV) CONSIDER  OTHER  ISSUES  DEEMED  RELEVANT  BY  THE  COMMISSIONER,
INCLUDING  HOW  TO  PROTECT  AND  PROMOTE  THE ACCESS OF PATIENTS WITH A
LEGITIMATE NEED  FOR  CONTROLLED  SUBSTANCES,  PARTICULARLY  MEDICATIONS
NEEDED  FOR PAIN MANAGEMENT BY ONCOLOGY PATIENTS, AND WHETHER AND HOW TO
ENCOURAGE OR REQUIRE THE USE OR SUBSTITUTION OF OPIOID DRUGS THAT EMPLOY
TAMPER-RESISTANCE TECHNOLOGY AS  A  MECHANISM  FOR  REDUCING  ABUSE  AND
DIVERSION OF OPIOID DRUGS.

A. 10623                           18

  S  2.    Subdivision  3 of section 3309-a of the public health law, as
added by section 52 of part D of chapter 56 of  the  laws  of  2012,  is
amended to read as follows:
  3.  ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND TWELVE, THE COMMISSION-
ER, IN CONSULTATION WITH THE COMMISSIONER OF THE  OFFICE  OF  ALCOHOLISM
AND  SUBSTANCE  ABUSE  SERVICES,  THE COMMISSIONER OF EDUCATION, AND THE
EXECUTIVE SECRETARY OF THE STATE BOARD OF PHARMACY,  SHALL  ADD  TO  THE
WORKGROUP  SUCH  ADDITIONAL MEMBERS AS APPROPRIATE SO THAT THE WORKGROUP
MAY PROVIDE GUIDANCE IN FURTHERANCE OF THE IMPLEMENTATION OF THE  I-STOP
ACT.  FOR  SUCH PURPOSES, THE WORKGROUP SHALL INCLUDE BUT NOT BE LIMITED
TO  CONSUMER  ADVISORY  ORGANIZATIONS,  HEALTH  CARE  PRACTITIONERS  AND
PROVIDERS,  ONCOLOGISTS,  ADDICTION  TREATMENT  PROVIDERS, PRACTITIONERS
WITH EXPERIENCE IN PAIN  MANAGEMENT,  PHARMACISTS  AND  PHARMACIES,  AND
REPRESENTATIVES OF LAW ENFORCEMENT AGENCIES.
  4. The commissioner shall report to the governor, the temporary presi-
dent  of  the senate and the speaker of the assembly no later than March
first, two thousand thirteen,  and  annually  thereafter,  on  the  work
group's  findings.  The report shall include information on opioid over-
dose deaths, emergency room utilization  for  the  treatment  of  opioid
overdose,  the utilization of pre-hospital addiction services and recom-
mendations to reduce opioid addiction and the consequences thereof.  THE
REPORT SHALL ALSO INCLUDE A RECOMMENDATION AS TO WHETHER SUBDIVISION TWO
OF  SECTION THIRTY-THREE HUNDRED FORTY-THREE-A OF THIS ARTICLE SHOULD BE
AMENDED TO REQUIRE PRACTITIONERS PRESCRIBING OR DISPENSING CERTAIN IDEN-
TIFIED SCHEDULE V CONTROLLED SUBSTANCES TO COMPLY WITH THE  CONSULTATION
REQUIREMENTS OF SUCH SUBDIVISION.
  S 3. This act shall take effect immediately.

                                 PART E

Section  1.    The  public health law is amended by adding a new section
3343-b to read as follows:
  S 3343-B. SAFE DISPOSAL OF UNUSED CONTROLLED SUBSTANCES.  THE  DEPART-
MENT  SHALL  ESTABLISH  A  PROGRAM  FOR  THE  SAFE  DISPOSAL  OF  UNUSED
CONTROLLED SUBSTANCES BY CONSUMERS IN ACCORDANCE WITH FEDERAL  LAW.  THE
PROGRAM  SHALL  PERMIT  INDIVIDUAL  MEMBERS OF THE PUBLIC TO VOLUNTARILY
SURRENDER CONTROLLED SUBSTANCES LISTED ON SCHEDULE II, III, IV OR  V  OF
SECTION  THIRTY-THREE  HUNDRED  SIX  OF THIS ARTICLE IN A SECURE MANNER,
WITHOUT IDENTIFYING THEMSELVES, AND SHALL BE PUBLICIZED CONSISTENT  WITH
THE  PRESCRIPTION PAIN MEDICATION AWARENESS PROGRAM ESTABLISHED PURSUANT
TO SECTION THIRTY-THREE HUNDRED NINE-A OF THIS ARTICLE. THE SURRENDER OF
A CONTROLLED SUBSTANCE PURSUANT TO THE PROGRAM ESTABLISHED  PURSUANT  TO
THIS  SECTION  SHALL  NOT CONSTITUTE THE POSSESSION, TRANSFER OR SALE OF
SUCH CONTROLLED SUBSTANCE FOR PURPOSES OF THIS ARTICLE OR THE PENAL LAW.
IN DEVELOPING SUCH PROGRAM, THE DEPARTMENT SHALL CONSIDER THE FOLLOWING:
APPROPRIATE SITES FOR DISPOSAL THROUGHOUT THE STATE;  THE  ROLE  OF  LAW
ENFORCEMENT  AND  FEDERAL AUTHORITIES, AS APPROPRIATE; AND THE MANNER IN
WHICH POTENTIAL COSTS TO LOCALITIES OR TO THE STATE WILL  BE  ADDRESSED.
DISPOSAL SITES SHALL BE OPERATED BY LAW ENFORCEMENT AGENCIES ON A VOLUN-
TARY  BASIS  IN  COLLABORATION  WITH  THE  DEPARTMENT.   NOTHING IN THIS
SECTION SHALL REQUIRE ANY POLITICAL SUBDIVISION OF THE STATE TO  PARTIC-
IPATE IN THE PROGRAM ESTABLISHED IN THIS SECTION.
  S 2. This act shall take effect immediately.
  S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,

A. 10623                           19

impair or invalidate the remainder thereof, but shall be confined in its
operation  to  the  clause, sentence, paragraph, subdivision, section or
part thereof directly involved in the controversy in which such judgment
shall  have been rendered. It is hereby declared to be the intent of the
legislature that this act would have been enacted even if  such  invalid
provisions had not been included herein.
  S  4.  This act shall take effect immediately; provided, however, that
the applicable effective date of Parts A through E of this act shall  be
as specifically set forth in the last section of such Parts.