senate Bill S2820B

Relates to providing pharmacists access to New York's prescription drug monitoring program resources

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 02 / Feb / 2011
    • REFERRED TO HEALTH
  • 14 / Apr / 2011
    • AMEND AND RECOMMIT TO HEALTH
  • 14 / Apr / 2011
    • PRINT NUMBER 2820A
  • 15 / Jun / 2011
    • AMEND (T) AND RECOMMIT TO HEALTH
  • 15 / Jun / 2011
    • PRINT NUMBER 2820B
  • 04 / Jan / 2012
    • REFERRED TO HEALTH
  • 21 / Feb / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 12 / Mar / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - WITHDRAWN
  • 05 / Jun / 2012
    • 1ST REPORT CAL.1080
  • 06 / Jun / 2012
    • 2ND REPORT CAL.
  • 11 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Relates to providing pharmacists access to New York's prescription drug monitoring program resources.

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Bill Details

See Assembly Version of this Bill:
A3806B
Versions:
S2820
S2820A
S2820B
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Amd ยง3371, Pub Health L
Versions Introduced in 2009-2010 Legislative Cycle:
S7684

Votes

14
0
14
Aye
0
Nay
1
aye with reservations
0
absent
2
excused
0
abstained
show Health committee vote details

Sponsor Memo

BILL NUMBER:S2820B

TITLE OF BILL:
An act
to amend the public health law, in relation to providing
pharmacists
access to New York's prescription drug monitoring program resources

PURPOSE OR GENERAL IDEA OF BILL:
To allow pharmacists to request
access to certain New York's Prescription Drug Monitoring Program
data, in order to determine a prescription's authenticity, whether it
was already filled by another pharmacy or physician, and whether the
patient has engaged in "doctor shopping". New York's physicians
already have this ability.

SUMMARY OF SPECIFIC PROVISIONS:
Section 3371 of the Public Health Law
is amended by adding a new subdivision (f) which provides pharmacists
access to New York's Prescription Drug Monitoring Program.

JUSTIFICATION:
This bill opens New York's Prescription Drug Monitoring
Program records to pharmacists, in the same way that physicians
already have access to them. Pharmacists would be able learn a
patient's medical history - including doctor and pharmacy visits,
prescription history, and any suspicions of drug misuse, abuse or
diversion. This information could prove to be lifesaving whether for
individuals seeking to abuse prescription drugs or individuals who
have a complicated medical history.

Other states have opened this information to pharmacies years ago and
they have done so without sacrificing patient safety, privacy or
access to prescription drugs. Kentucky, a national leader in
prescription drug monitoring, has studied healthcare provider
satisfaction with access to such information, and found overwhelming
approval. These providers agreed that recent medical history and
prescription drug records provided for informed, safe and responsible
decisions for their patients.

Currently, we have a limited Prescription Drug Monitoring Program in
New York State. Article 33 of the Public Health Law and Part 80 of
Title 10 regulations require pharmacists to electronically submit
information to the New York State Department of Health (NYSDOH) from
all prescriptions dispensed for controlled substances. Under this
regulation, NYSDOH shall monitor the data submitted by the
pharmacists to protect practitioners from drug seekers. They must
also notify practitioners when analyses of official prescription data
indicate that their patients are obtaining controlled substances from
multiple sources, an indicator that they may be engaging in "doctor
shopping." NYSDOH is still in the process of establishing this
program. An obvious flaw in the current program is that pharmacists
are not allowed to access the data base.

New York's laws and regulations in regard to the sharing of this
information have, unfortunately, fallen behind those of other states.


This legislation gives pharmacists the ability to combat prescription
drug fraud. Currently, 39 States have prescription drug monitoring
laws of some sort.

This bill, if passed into law, would enable all of the parties
involved in an individual patient's healthcare decisions to have
information necessary to make the right prescription drug choices. It
is also part of a two bill package to strengthen New York State's
Prescription Monitoring Program.

PRIOR LEGISLATIVE HISTORY:
S.7684 - Died in Senate Health.

FISCAL IMPLICATIONS:
Minimal administrative costs.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 2820--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 2, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law, in relation to providing  pharma-
  cists  access  to  New  York's  prescription  drug  monitoring program
  resources

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

  Section  1. 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  CONTROLLED
SUBSTANCES AT THE PHARMACY MAY HAVE ALSO OBTAINED ONE OR MORE CONTROLLED
SUBSTANCES  FROM  ANOTHER  PHARMACY,  WHERE THE CIRCUMSTANCES INDICATE A
POSSIBILITY OF DRUG ABUSE OR DIVERSION, POTENTIAL HARM TO THE PERSON, OR
SIMILAR GROUNDS.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08603-05-1

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