S. 2819 2
PRESCRIPTIONS FOR CONTROLLED SUBSTANCES AT THE TIME OF DISCHARGE FROM
SUCH A FACILITY;
(B) A LICENSED NURSE OR MEDICATION AIDE WHO ADMINISTERS SUCH A
SUBSTANCE AT THE DIRECTION OF A LICENSED PHYSICIAN; OR
(C) A WHOLESALE DISTRIBUTOR OF A SUBSTANCE MONITORED BY THE
PRESCRIPTION MONITORING PROGRAM.
3. "PRESCRIBER" MEANS A LICENSED HEALTH CARE PROFESSIONAL WITH PRES-
CRIPTIVE AUTHORITY.
4. "PRESCRIPTION MONITORING INFORMATION" MEANS INFORMATION SUBMITTED
TO AND MAINTAINED BY THE PRESCRIPTION MONITORING PROGRAM.
5. "PRESCRIPTION MONITORING PROGRAM" MEANS A PROGRAM ESTABLISHED UNDER
SECTION THIRTY-THREE HUNDRED FIFTY-SEVEN OF THIS TITLE.
S 3357. ESTABLISHMENT OF A PRESCRIPTION MONITORING PROGRAM. 1. THE
DEPARTMENT SHALL ESTABLISH AND MAINTAIN, WITH THE CONSULTATION OF THE
BOARD, AN ELECTRONIC SYSTEM FOR MONITORING THE FOLLOWING SUBSTANCES
DISPENSED IN THE STATE: FEDERALLY CONTROLLED SUBSTANCES, ADDITIONAL
STATE SPECIFIED CONTROLLED SUBSTANCES, AND DRUGS OF CONCERN DOCUMENTED
TO DEMONSTRATE A POTENTIAL FOR ABUSE, PARTICULARLY THOSE IDENTIFIED BY
LAW ENFORCEMENT AND ADDICTION TREATMENT PROFESSIONALS.
2. THE DEPARTMENT MAY CONTRACT WITH A VENDOR TO ESTABLISH AND MAINTAIN
THE ELECTRONIC MONITORING SYSTEM PURSUANT TO GUIDELINES WHICH THE
DEPARTMENT SHALL PROMULGATE.
S 3358. ADVISORY BOARD. 1. THERE IS HEREBY ESTABLISHED AN ADVISORY
BOARD TO ASSIST THE DEPARTMENT IN CARRYING OUT THE DUTIES OF THIS ARTI-
CLE. THE ADVISORY BOARD SHALL CONSIST OF THE FOLLOWING MEMBERS:
(A) A REPRESENTATIVE OF THE STATE BOARD OF MEDICINE, APPOINTED BY THE
BOARD.
(B) A REPRESENTATIVE OF THE STATE BOARD OF PHARMACY, APPOINTED BY THE
BOARD.
(C) A REPRESENTATIVE OF THE STATE BOARD OF DENTAL EXAMINERS, APPOINTED
BY THE BOARD.
(D) A REPRESENTATIVE OF THE STATE BOARD OF NURSING, APPOINTED BY THE
BOARD.
(E) THE ATTORNEY GENERAL OR HIS OR HER DESIGNEE.
(F) A REPRESENTATIVE OF THE DEPARTMENT, APPOINTED BY THE COMMISSIONER.
(G) A REPRESENTATIVE OF THE NEW YORK STATE MEDICAL SOCIETY, APPOINTED
BY THE SOCIETY.
(H) A REPRESENTATIVE OF THE NEW YORK STATE DENTAL ASSOCIATION,
APPOINTED BY THE ASSOCIATION.
(I) A REPRESENTATIVE OF THE NEW YORK STATE ASSOCIATION OF CHIEFS OF
POLICE, APPOINTED BY THE ASSOCIATION.
(J) A REPRESENTATIVE OF RETAIL PHARMACY, APPOINTED BY THE NEW YORK
STATE PHARMACISTS ASSOCIATION.
2. THE DEPARTMENT SHALL SEEK AND THE BOARD SHALL PROVIDE INPUT AND
ADVICE REGARDING THE DEVELOPMENT AND OPERATION OF THE ELECTRONIC MONI-
TORING SYSTEM, INCLUDING BUT NOT LIMITED TO:
(A) WHICH STATE CONTROLLED SUBSTANCES SHOULD BE MONITORED;
(B) WHICH DRUGS OF CONCERN DEMONSTRATE A POTENTIAL FOR ABUSE AND
SHOULD BE MONITORED;
(C) DESIGN AND IMPLEMENTATION OF EDUCATIONAL COURSES IDENTIFIED IN
SECTION THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE;
(D) PROPER ANALYSIS AND INTERPRETATION OF PRESCRIPTION MONITORING
INFORMATION;
(E) DESIGN AND IMPLEMENTATION OF AN EVALUATION COMPONENT; AND
(F) POTENTIAL NOMINEES TO THE BOARD.
S. 2819 3
S 3359. REPORTING OF PRESCRIPTION MONITORING INFORMATION. 1. EACH
DISPENSER SHALL SUBMIT TO THE DEPARTMENT, BY ELECTRONIC MEANS, OR OTHER
FORMAT SPECIFIED IN A WAIVER GRANTED BY THE DEPARTMENT, INFORMATION
SPECIFIED BY THE DEPARTMENT, INCLUDING:
(A) A PATIENT IDENTIFIER,
(B) THE DRUG PRESCRIBED OR DISPENSED,
(C) THE DATE OF THE PRESCRIPTION OR DISPENSING,
(D) THE QUANTITY PRESCRIBED OR DISPENSED,
(E) THE PRESCRIBER, AND
(F) THE DISPENSER.
2. EACH DISPENSER SHALL SUBMIT THE REQUIRED INFORMATION AS FREQUENTLY
AS SPECIFIED BY THE DEPARTMENT.
3. THE DEPARTMENT MAY GRANT A WAIVER OF ELECTRONIC SUBMISSION TO ANY
DISPENSER FOR GOOD CAUSE, INCLUDING FINANCIAL HARDSHIP, AS DETERMINED BY
THE DEPARTMENT. THE WAIVER SHALL STATE THE FORMAT AND FREQUENCY WITH
WHICH THE DISPENSER SHALL SUBMIT THE REQUIRED INFORMATION.
S 3360. ACCESS TO THE PRESCRIPTION MONITORING INFORMATION; CONFIDEN-
TIALITY. 1. EXCEPT AS INDICATED IN SUBDIVISIONS TWO, THREE, AND FOUR OF
THIS SECTION, PRESCRIPTION MONITORING INFORMATION SUBMITTED TO THE
DEPARTMENT SHALL BE CONFIDENTIAL AND NOT SUBJECT TO PUBLIC OR OPEN
RECORDS LAWS.
2. THE DEPARTMENT SHALL REVIEW THE PRESCRIPTION MONITORING INFORMA-
TION. IF THERE IS REASONABLE CAUSE TO BELIEVE A VIOLATION OF LAW OR
BREACH OF OCCUPATIONAL STANDARDS MAY HAVE OCCURRED, THE DEPARTMENT SHALL
NOTIFY THE APPROPRIATE LAW ENFORCEMENT AND OCCUPATIONAL LICENSING,
CERTIFICATION OR REGULATORY AGENCY OR ENTITY, AND PROVIDE PRESCRIPTION
MONITORING INFORMATION REQUIRED FOR AN INVESTIGATION.
3. THE DEPARTMENT MAY PROVIDE PRESCRIPTION MONITORING INFORMATION FOR
PUBLIC RESEARCH, POLICY OR EDUCATION PURPOSES, TO THE EXTENT ALL INFOR-
MATION REASONABLY LIKELY TO REVEAL THE PATIENT OR OTHER PERSON WHO IS
THE SUBJECT OF THE INFORMATION HAS BEEN REMOVED.
4. THE FOLLOWING PERSONS, AFTER SUCCESSFUL COMPLETION OF THE EDUCA-
TIONAL COURSES IDENTIFIED IN SUBDIVISION ONE OF SECTION THIRTY-THREE
HUNDRED SIXTY-ONE OF THIS TITLE, MAY ACCESS THE PRESCRIPTION MONITORING
INFORMATION IN THE SAME OR SIMILAR MANNER, AND FOR THE SAME OR SIMILAR
PURPOSES, AS THOSE PERSONS ARE AUTHORIZED TO ACCESS SIMILAR CONFIDENTIAL
INFORMATION UNDER FEDERAL AND STATE LAW AND REGULATION.
(A) A CRIMINAL JUSTICE AGENCY WHICH ENFORCES THE LAWS OF THIS STATE OR
THE UNITED STATES RELATING TO CONTROLLED SUBSTANCES AND WHICH HAS INITI-
ATED AN ACTIVE INVESTIGATION INVOLVING A SPECIFIC VIOLATION OF LAW.
(B) A PRACTITIONER, AS DEFINED IN SECTION THIRTY-THREE HUNDRED TWO OF
THIS ARTICLE, OR AN EMPLOYEE OF THE PRACTITIONER WHO IS ACTING ON BEHALF
OF AND AT THE DIRECTION OF THE PRACTITIONER, WHO REQUESTS SUCH INFORMA-
TION AND CERTIFIES THAT THE INFORMATION IS NECESSARY TO PROVIDE MEDICAL
TREATMENT TO A CURRENT PATIENT.
(C) A PHARMACIST, AS DEFINED IN SECTION THIRTY-THREE HUNDRED TWO OF
THIS ARTICLE, OR A PHARMACY INTERN OR PHARMACY TECHNICIAN WHO IS ACTING
ON BEHALF OF AND AT THE DIRECTION OF THE PHARMACIST, WHO REQUESTS SUCH
INFORMATION AND CERTIFIES THAT THE REQUESTED INFORMATION WILL BE USED TO
DISPENSE CONTROLLED SUBSTANCES TO A CURRENT PATIENT.
(D) A PATIENT WHO IS IDENTIFIED IN THE RECORD UPON A WRITTEN REQUEST
FOR THE PURPOSE OF VERIFYING THAT INFORMATION.
5. A PERSON WHO HAS KNOWLEDGE BY VIRTUE OF HIS OR HER OFFICE OF THE
CONTROLLED SUBSTANCES PRESCRIBED TO OR OBTAINED BY A PARTICULAR PERSON
SHALL DISCLOSE SUCH KNOWLEDGE TO A PHARMACY TO INFORM THE PHARMACY THAT
SUCH PERSON WHO PRESENTS OR HAS PRESENTED A PRESCRIPTION FOR ONE OR MORE
S. 2819 4
CONTROLLED SUBSTANCES AT THE PHARMACY MAY HAVE ALSO OBTAINED ONE OR MORE
CONTROLLED SUBSTANCES AT ANOTHER PHARMACY WHERE THE CIRCUMSTANCES INDI-
CATE A POSSIBILITY OF DRUG ABUSE OR DIVERSION, POTENTIAL HARM TO THE
PERSON, OR SIMILAR GROUNDS UNDER REGULATIONS OF THE COMMISSIONER.
6. THE DEPARTMENT SHALL BE IMMUNE FROM CIVIL LIABILITY ARISING FROM
INACCURACY OF ANY OF THE INFORMATION SUBMITTED TO THE DEPARTMENT PURSU-
ANT TO THIS TITLE.
S 3361. EDUCATION AND TREATMENT. 1. THE DEPARTMENT OF HEALTH SHALL, IN
CONSULTATION WITH THE BOARD, IMPLEMENT THE FOLLOWING EDUCATION COURSES:
(A) AN ORIENTATION COURSE DURING THE IMPLEMENTATION PHASE OF THE
PRESCRIPTION MONITORING PROGRAM.
(B) A COURSE FOR PERSONS WHO ARE AUTHORIZED TO ACCESS THE PRESCRIPTION
MONITORING INFORMATION BUT WHO DID NOT PARTICIPATE IN THE ORIENTATION
COURSE.
(C) A COURSE FOR PERSONS WHO ARE AUTHORIZED TO ACCESS THE PRESCRIPTION
MONITORING INFORMATION BUT WHO HAVE VIOLATED LAWS OR BREACHED OCCUPA-
TIONAL STANDARDS INVOLVING DISPENSING, PRESCRIBING AND USE OF SUBSTANCES
MONITORED BY THE PRESCRIPTION MONITORING PROGRAM.
(D) A CONTINUING EDUCATION COURSE FOR HEALTH CARE PROFESSIONALS DEVEL-
OPED BY THE AMERICAN SOCIETY OF ADDICTION MEDICINE AND THE STATE MEDICAL
SOCIETY ON PRESCRIBING PRACTICES, PHARMACOLOGY AND IDENTIFICATION,
TREATMENT AND REFERRAL OF PATIENTS ADDICTED TO OR ABUSING SUBSTANCES
MONITORED BY THE PRESCRIPTION MONITORING PROGRAM.
WHEN APPROPRIATE, THE DEPARTMENT, IN CONSULTATION WITH THE BOARD,
SHALL DEVELOP THE CONTENT OF THE EDUCATION COURSES DESCRIBED IN PARA-
GRAPHS (A), (B) AND (C) OF THIS SUBDIVISION.
2. THE DEPARTMENT, IN CONSULTATION WITH THE BOARD, SHALL STRONGLY
RECOMMEND THE APPLICATION OF A COURSE TO INFORM THE PUBLIC ABOUT USE,
DIVERSION AND ABUSE OF, AND ADDICTION TO, SUBSTANCES MONITORED BY THE
PRESCRIPTION MONITORING PROGRAM.
3. THE DEPARTMENT, IN CONSULTATION WITH THE BOARD, SHALL, WHEN APPRO-
PRIATE:
(A) WORK WITH ASSOCIATIONS FOR IMPAIRED PROFESSIONALS TO ENSURE INTER-
VENTION, TREATMENT AND ONGOING MONITORING AND FOLLOW-UP; AND
(B) ENSURE THAT INDIVIDUAL PATIENTS WHO ARE IDENTIFIED AND WHO HAVE
BECOME ADDICTED TO SUBSTANCES MONITORED BY THE PRESCRIPTION MONITORING
PROGRAM RECEIVE ADDICTION TREATMENT.
S 3362. UNLAWFUL ACTS AND PENALTIES. 1. A DISPENSER WHO KNOWINGLY
FAILS TO SUBMIT PRESCRIPTION MONITORING INFORMATION TO THE DEPARTMENT AS
REQUIRED BY THIS TITLE SHALL BE SUBJECT TO A FINE OF ONE THOUSAND FIVE
HUNDRED DOLLARS.
2. A PERSON AUTHORIZED TO HAVE PRESCRIPTION MONITORING INFORMATION
PURSUANT TO THIS TITLE WHO KNOWINGLY DISCLOSES SUCH INFORMATION IN
VIOLATION OF THIS TITLE SHALL BE SUBJECT TO A FINE OF ONE THOUSAND
DOLLARS.
3. A PERSON AUTHORIZED TO HAVE PRESCRIPTION MONITORING INFORMATION
PURSUANT TO THIS TITLE WHO USES SUCH INFORMATION IN A MANNER OR FOR A
PURPOSE IN VIOLATION OF THIS TITLE SHALL BE SUBJECT TO A FINE OF FIVE
HUNDRED DOLLARS.
S 3363. EVALUATION, DATA ANALYSIS AND REPORTING. 1. THE DEPARTMENT
SHALL, IN CONSULTATION WITH THE BOARD, DESIGN AND IMPLEMENT AN EVALU-
ATION COMPONENT TO IDENTIFY COST-BENEFITS OF THE PRESCRIPTION MONITORING
PROGRAM, AND OTHER INFORMATION RELEVANT TO POLICY, RESEARCH AND EDUCA-
TION INVOLVING SUBSTANCES MONITORED BY THE PRESCRIPTION MONITORING
PROGRAM.
S. 2819 5
2. THE DEPARTMENT SHALL REPORT TO THE LEGISLATURE ON A PERIODIC BASIS,
NO LESS THAN ANNUALLY, ABOUT THE COST-BENEFITS AND OTHER INFORMATION
NOTED IN SUBDIVISION ONE OF THIS SECTION.
S 3364. RULES AND REGULATIONS. THE DEPARTMENT SHALL PROMULGATE RULES
AND REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
S 3365. SEVERABILITY. IF ANY PROVISION OF THIS TITLE OR APPLICATION
THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY
SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THE TITLE WHICH CAN
BE GIVEN EFFECT WITHOUT THE INVALID PROVISIONS OR APPLICATIONS, AND TO
THIS END THE PROVISIONS OF THIS TITLE ARE SEVERABLE.
S 2. The department of health shall, within 180 days after the effec-
tive date of this act, and after consultation with the Prescription
Monitoring Program Advisory Board, establish regulations requiring phar-
macists to access the prescription monitoring program before filling a
prescription for a controlled substance. The department of health shall
also establish protocols to be followed by pharmacists after accessing
such information.
S 3. The Prescription Monitoring Program Advisory Board shall, within
180 days after the effective date of this act, make recommendations and
submit a written report to the legislature concerning integrating pres-
cribers into the electronic submission requirements of the prescription
monitoring program as well as any possible changes to the official New
York state prescription form for controlled substances to include more
information concerning a patient's controlled substance use.
S 4. This act shall take effect on the ninetieth day after it shall
have become a law.