A. 9121 2
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 a new paragraph (f) is added to read as follows:
(d) to a central registry established pursuant to this article; [and]
(e) to a practitioner to inform him or her that a patient may be under
treatment with a controlled substance by another practitioner[.]; OR
(F) TO A PHARMACIST TO INFORM THE PHARMACIST THAT A PERSON WHO
PRESENTS OR HAS PRESENTED A PRESCRIPTION FOR ONE OR MORE PRESCRIPTION
ANALGESICS AT THE PHARMACY MAY HAVE ALSO OBTAINED ONE OR MORE
PRESCRIPTION ANALGESICS FROM ANOTHER PHARMACY.
S 5. The public health law is amended by adding a new section 3323-a
to read as follows:
S 3323-A. PAIR REPORTING PROGRAM. 1. ESTABLISHMENT OF SYSTEM. THE
COMMISSIONER SHALL, IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION,
ESTABLISH AND MAINTAIN A SYSTEM FOR COLLECTING, MONITORING AND REPORTING
DATA CONCERNING THE PRESCRIBING AND DISPENSING OF SCHEDULE II, III, IV,
OR V CONTROLLED SUBSTANCES, OR ANY OTHER SUBSTANCES SPECIFIED BY THE
COMMISSIONER, THAT ARE PRESCRIBED OR DISPENSED. SUCH SYSTEM SHALL ALLOW
PRACTITIONERS AND PHARMACISTS TO MONITOR AND REPORT SUCH DATA BY MEANS
OF AN INTERNET PORTAL AND A WEBSITE AND ANY OTHER ELECTRONIC MEANS
DEEMED APPROPRIATE BY THE COMMISSIONER. SUCH SYSTEM SHALL ENABLE PRACTI-
TIONERS AND PHARMACISTS TO MONITOR AND REPORT SUCH DATA AT THE TIME A
PRESCRIPTION IS ISSUED OR SUCH SUBSTANCE IS DISPENSED. THE COMMISSIONER
SHALL ADOPT AND SUCH SYSTEM SHALL MAINTAIN PROCEDURES AND SAFEGUARDS TO
ENSURE THE PRIVACY AND CONFIDENTIALITY OF PATIENT INFORMATION AND TO
ENSURE THAT ANY DATA COLLECTED OR REPORTED IS NOT UNLAWFULLY ACCESSED OR
DISCLOSED. THE COMMISSIONER SHALL ALSO ESTABLISH ACCEPTABLE ERROR TOLER-
ANCE RATES FOR DATA AND PROCEDURES FOR PRACTITIONERS AND PHARMACISTS TO
FOLLOW IN THE EVENT OF A TECHNOLOGICAL FAILURE.
2. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE MEANING GIVEN TO
TERMS IN SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE SHALL BE
CONTROLLING, PROVIDED THAT:
(A) "PAIR" SHALL MEAN PRESCRIPTION ANALGESICS INFORMATION REGISTRY.
(B) PATIENT IDENTIFIER SHALL MEAN A PATIENT'S:
(1) FULL NAME;
(2) ADDRESS;
(3) DATE OF BIRTH; AND
(4) SOCIAL SECURITY NUMBER OR AN ALTERNATIVE IDENTIFICATION NUMBER
ESTABLISHED BY THE COMMISSIONER.
3. REPORTING REQUIREMENTS. A PRACTITIONER OR PHARMACIST THAT DISPENSES
SCHEDULE II, III, IV OR V CONTROLLED SUBSTANCES SHALL REPORT THE FOLLOW-
ING INFORMATION REGARDING EACH DISPENSATION IN A MANNER CONSISTENT WITH
SUBDIVISION FOUR OF THIS SECTION:
(A) PATIENT IDENTIFIER;
(B) NATIONAL DRUG CODE OF THE DRUG DISPENSED;
(C) METRIC QUANTITY OF DRUG DISPENSED;
(D) DATE OF DISPENSING;
(E) ESTIMATED DAY'S SUPPLY DISPENSED;
(F) DRUG ENFORCEMENT ADMINISTRATION REGISTRATION NUMBER OF THE PRES-
CRIBER;
(G) SERIAL NUMBER ASSIGNED BY THE DISPENSER; AND
(H) THE DRUG ENFORCEMENT ADMINISTRATION REGISTRATION NUMBER OF THE
DISPENSER.
4. DATA REPORTED. EVERY PRACTITIONER OR PHARMACIST WITHIN THE STATE OR
ANY OTHER DISPENSER WHO HAS OBTAINED A LICENSE, PERMIT OR OTHER AUTHORI-
ZATION TO OPERATE FROM THE COMMISSIONER OF EDUCATION, OR ANY AGENT THER-
A. 9121 3
EOF, SHALL REPORT TO THE PAIR SYSTEM THE DATA SPECIFIED IN PARAGRAPH (A)
OR (B) OF THIS SUBDIVISION THROUGH AN INTERNET PORTAL AND WEBSITE MAIN-
TAINED BY THE COMMISSIONER AND ANY OTHER METHOD DEEMED APPROPRIATE BY
THE COMMISSIONER, UPON ISSUING A PRESCRIPTION OR DISPENSING A SCHEDULE
II, III, IV, OR V CONTROLLED SUBSTANCE OR ANY OTHER SUBSTANCE SPECIFIED
BY THE COMMISSIONER; PROVIDED THAT SUCH REPORTING SHALL NOT BE REQUIRED
FOR ANY SUCH SUBSTANCE ADMINISTERED DIRECTLY TO A PATIENT, OR FOR SUCH
SUBSTANCE DISPENSED PURSUANT TO SECTION THREE THOUSAND THREE HUNDRED
THIRTY-FOUR, THREE THOUSAND THREE HUNDRED THIRTY-SEVEN OR THREE THOUSAND
THREE HUNDRED FORTY-TWO OF THIS ARTICLE OR ANY RULE OR REGULATION
PROMULGATED UNDER THOSE SECTIONS.
(A) DATA TO BE REPORTED BY PRACTITIONERS. DATA CONCERNING SCHEDULE II,
III, IV, OR V CONTROLLED SUBSTANCES OR ANY OTHER SUBSTANCES SPECIFIED BY
THE COMMISSIONER THAT ARE PRESCRIBED SHALL INCLUDE BUT NOT BE LIMITED TO
THE FOLLOWING: PRACTITIONER PRESCRIPTION NUMBER; PRACTITIONER NATIONAL
IDENTIFICATION NUMBER; PATIENT NAME; PATIENT ADDRESS, INCLUDING STREET,
CITY, STATE, ZIP CODE; PATIENT DATE OF BIRTH; PATIENT'S SEX; PATIENT'S
SOCIAL SECURITY NUMBER; DATE PRESCRIPTION ISSUED; METRIC QUANTITY;
NATIONAL DRUG CODE NUMBER OF THE DRUG; NUMBER OF DAYS SUPPLY; PRACTI-
TIONER DRUG ENFORCEMENT ADMINISTRATION NUMBER; DATE PRESCRIPTION WRIT-
TEN; SERIAL NUMBER OF OFFICIAL PRESCRIPTION FORM, OR AN IDENTIFIER
DESIGNATED BY THE DEPARTMENT; PAYMENT METHOD; AND NUMBER OF REFILLS
AUTHORIZED.
(B) DATA TO BE REPORTED BY PHARMACISTS. DATA CONCERNING SCHEDULE II,
III, IV, OR V CONTROLLED SUBSTANCES OR ANY OTHER SUBSTANCES SPECIFIED BY
THE COMMISSIONER THAT ARE DISPENSED SHALL INCLUDE BUT NOT BE LIMITED TO
THE FOLLOWING: PHARMACY PRESCRIPTION NUMBER; PHARMACY'S NATIONAL IDEN-
TIFICATION NUMBER; PATIENT NAME; PATIENT ADDRESS, INCLUDING STREET,
CITY, STATE, ZIP CODE; PATIENT DATE OF BIRTH; PATIENT'S SEX; PATIENT'S
SOCIAL SECURITY NUMBER; DATE PRESCRIPTION FILLED; METRIC QUANTITY;
NATIONAL DRUG CODE NUMBER OF THE DRUG; NUMBER OF DAYS SUPPLY; PRACTI-
TIONER DRUG ENFORCEMENT ADMINISTRATION NUMBER; DATE PRESCRIPTION WRIT-
TEN; SERIAL NUMBER OF OFFICIAL PRESCRIPTION FORM, OR AN IDENTIFIER
DESIGNATED BY THE COMMISSIONER; PAYMENT METHOD; NUMBER OF REFILLS
AUTHORIZED; AND REFILL NUMBER.
(C) DATA TO BE REPORTED BY FACILITIES. UPON A PATIENT'S ADMISSION TO
AN INPATIENT OR OUTPATIENT TREATMENT FACILITY FOR DRUG ABUSE, OR UPON
SUCH PATIENT'S ADMISSION TO A DETOXIFICATION CENTER OR ANY OTHER FACILI-
TY, INCLUDING A GENERAL HOSPITAL, THAT TREAT SUCH PATIENT'S DRUG ABUSE
OR ADDICTION, SUCH HOSPITAL, DETOXIFICATION CENTER OR TREATMENT FACILITY
SHALL REPORT SUCH PATIENT'S TREATMENT TO THE DEPARTMENT WITHIN SEVEN
DAYS OF ADMISSION. THE HOSPITAL, DETOXIFICATION CENTER OR TREATMENT
FACILITY SHALL REPORT THROUGH THE PAIR SYSTEM THE FOLLOWING DATA:
PATIENT NAME; PATIENT ADDRESS, INCLUDING STREET, CITY, STATE, ZIP CODE;
PATIENT DATE OF BIRTH; PATIENT'S SEX; PATIENT'S SOCIAL SECURITY NUMBER;
LENGTH OF PATIENT'S STAY; THE TYPE OF TREATMENT PATIENT RECEIVES AND THE
CONTROLLED SUBSTANCE PATIENT WAS ADMITTED FOR; AND DATE PATIENT WAS
RELEASED. SUCH INFORMATION SHALL BE SUBMITTED TO THE ASPIRIN SYSTEM
WITHIN SEVEN DAYS OF PATIENT'S ADMISSION. SUCH INFORMATION SHALL BE
TRANSMITTED IN A MANNER CONSISTENT WITH THE PROVISIONS OF THIS SECTION.
5. DUTY TO CONSULT DATABASE; PROHIBITIONS. EVERY PRACTITIONER OR PHAR-
MACIST WITHIN THE STATE, INCLUDING ANY OTHER DISPENSER WHO HAS OBTAINED
A LICENSE, PERMIT, OR OTHER AUTHORIZATION TO OPERATE FROM THE COMMIS-
SIONER OF EDUCATION, SHALL MAKE INQUIRY TO THE ON-LINE CONTROLLED
SUBSTANCE REPORTING SYSTEM ESTABLISHED PURSUANT TO SUBDIVISION ONE OF
THIS SECTION PRIOR TO PRESCRIBING OR DISPENSING ANY SCHEDULE II, III,
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IV, OR V CONTROLLED SUBSTANCE OR ANY OTHER SUBSTANCE SPECIFIED BY THE
COMMISSIONER; PROVIDED THAT THIS SUBDIVISION AND PARAGRAPHS (A) AND (B)
HEREOF, SHALL NOT APPLY TO ANY SUCH SUBSTANCE ADMINISTERED DIRECTLY TO A
PATIENT OR FOR ANY SUCH SUBSTANCE DISPENSED PURSUANT TO SECTIONS THREE
THOUSAND THREE HUNDRED THIRTY-FOUR, THREE THOUSAND THREE HUNDRED THIR-
TY-SEVEN OR THREE THOUSAND THREE HUNDRED FORTY-TWO OF THIS ARTICLE AND
ANY RULE PROMULGATED THEREUNDER.
(A) NO PRACTITIONER SHALL PRESCRIBE ANY SCHEDULE II, III, IV, OR V
CONTROLLED SUBSTANCE OR ANY OTHER SUBSTANCE SPECIFIED BY THE COMMISSION-
ER WITHOUT REVIEWING A PATIENT'S CONTROLLED SUBSTANCE PRESCRIPTION
HISTORY AS SET FORTH IN THE ON-LINE CONTROLLED SUBSTANCE REPORTING
SYSTEM TO DETERMINE THAT SUCH PRESCRIPTION IS MEDICALLY NECESSARY AND
WOULD NOT OTHERWISE VIOLATE SECTION THREE THOUSAND THREE HUNDRED FIFTY
OF THIS ARTICLE, OR, FOR PRESCRIPTIONS ELIGIBLE FOR REIMBURSEMENT BY THE
MEDICAID PROGRAM, SECTION ONE HUNDRED FORTY-FIVE-B OF THE SOCIAL
SERVICES LAW.
(B) NO PHARMACIST SHALL DISPENSE ANY SCHEDULE II, III, IV, OR V
CONTROLLED SUBSTANCE OR ANY OTHER SUBSTANCE SPECIFIED BY THE COMMISSION-
ER WITHOUT CONFIRMING THE EXISTENCE OF A MATCHING REPORT PROVIDED BY A
PRACTITIONER THROUGH THE ON-LINE CONTROLLED SUBSTANCE REPORTING SYSTEM.
6. REPORTING PERIOD. THE DATA IDENTIFIED IN SUBDIVISION THREE OF THIS
SECTION SHALL BE TRANSMITTED IMMEDIATELY ON THE DATE OF DISPENSING
UNLESS THE DEPARTMENT GRANTS AN EXTENSION. SUCH AN EXTENSION SHALL BE
GRANTED BY THE DEPARTMENT FOR ELECTRONIC OR MECHANICAL FAILURES AND FOR
ANY OTHER REASON PROMULGATED BY THE COMMISSIONER.
7. WAIVERS. A PRACTITIONER OR PHARMACIST WHO DOES NOT HAVE AN AUTO-
MATED RECORDKEEPING SYSTEM CAPABLE OF PRODUCING AN ELECTRONIC REPORT IN
THE FORMAT ESTABLISHED BY "ASAP TELECOMMUNICATIONS FORMAT FOR CONTROLLED
SUBSTANCES", SHALL BE GRANTED A WAIVER FROM THE ELECTRONIC REPORTING
REQUIREMENT IF THE DISPENSER:
(A) MAKES A WRITTEN REQUEST TO THE BRANCH WITHIN TWENTY-FOUR HOURS OF
DISCOVERY AND OF THE CIRCUMSTANCES NECESSITATING THE REQUEST, OR ON THE
NEXT DATE THAT STATE OFFICES ARE OPEN FOR BUSINESS FOLLOWING THE DISCOV-
ERY; AND
(B) AGREES IN WRITING TO IMMEDIATELY BEGIN REPORTING THE DATA BY
SUBMITTING A COMPLETED "PAIR REPORTING FORM" OR COMPARABLE DOCUMENT
APPROVED IN WRITING AND PROMULGATED BY THE DEPARTMENT.
8. PATIENT IDENTIFICATION NUMBER. (A) A PATIENT OR THE PERSON OBTAIN-
ING THE CONTROLLED SUBSTANCE ON BEHALF OF THE PATIENT SHALL DISCLOSE TO
THE DISPENSER THE PATIENT'S SOCIAL SECURITY NUMBER FOR PURPOSES OF THE
DISPENSER'S MANDATORY REPORTING TO PAIR.
(B) IF A PATIENT IS AN ADULT WHO DOES NOT HAVE A SOCIAL SECURITY
NUMBER, THE PATIENT'S DRIVER'S LICENSE NUMBER SHALL BE DISCLOSED.
(C) IF A PATIENT IS AN ADULT WHO HAS NOT BEEN ASSIGNED A SOCIAL SECU-
RITY NUMBER OR A DRIVER'S LICENSE NUMBER, THE NUMBER 000-00-0000 SHALL
BE USED.
(D) IF A PATIENT IS A CHILD WHO DOES NOT HAVE A SOCIAL SECURITY NUMBER
OR A DRIVER'S LICENSE NUMBER, THE SOCIAL SECURITY NUMBER, DRIVER'S
LICENSE NUMBER, OR THE NUMBER "000-00-0000", AS APPLICABLE, OF THE
PARENT OR GUARDIAN SHALL BE USED.
(E) IF A PATIENT IS AN ANIMAL, THE OWNER'S SOCIAL SECURITY NUMBER,
DRIVER'S LICENSE NUMBER, OR THE NUMBER "000-00-0000", AS APPLICABLE,
SHALL BE USED.
9. THE COMMISSIONER SHALL HAVE THE POWER TO ISSUE RULES AND REGU-
LATIONS REGARDING THE USE OF SUCH ELECTRONIC SYSTEMS AND SHALL PROMUL-
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GATE SUCH POLICIES AND REGULATIONS AS NECESSARY TO ENSURE THE PRIVACY OF
PATIENT INFORMATION AND INTEGRITY OF DATA TRANSMISSION.
S 6. This act shall take effect immediately; provided, however, that
section three of this act shall take effect on the one hundred twentieth
day after it shall have become a law.