Assembly Bill A11228A

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

                                11228--A

                          I N  A S S E M B L Y

                              May 25, 2010
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
  Committee on Higher Education -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN   ACT   to  amend  the  education  law,  in  relation  to  electronic
  prescriptions and generic substitution

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

  Section  1.  Section  6802 of the education law is amended by adding a
new subdivision 23 to read as follows:
  23. "ELECTRONIC PRESCRIPTION" MEANS A PRESCRIPTION CREATED,  RECORDED,
OR  STORED BY ELECTRONIC MEANS; ISSUED WITH AN ELECTRONIC SIGNATURE; AND
TRANSMITTED BY ELECTRONIC MEANS, IN ACCORDANCE WITH REGULATIONS  OF  THE
COMMISSIONER  AND  APPLICABLE  REGULATIONS OF THE COMMISSIONER OF HEALTH
AND FEDERAL REGULATIONS; PROVIDED, HOWEVER, THAT AN ORIGINAL  HARD  COPY
PRESCRIPTION  THAT  IS CREATED ELECTRONICALLY OR OTHERWISE MAY BE TRANS-
MITTED FROM THE PRESCRIBER TO THE PHARMACIST BY FACSIMILE  AND  MUST  BE
MANUALLY  SIGNED. "ELECTRONIC" MEANS OF OR RELATING TO TECHNOLOGY HAVING
ELECTRICAL, DIGITAL, MAGNETIC, WIRELESS,  OPTICAL,  ELECTROMAGNETIC,  OR
SIMILAR  CAPABILITIES. "ELECTRONIC SIGNATURE" MEANS AN ELECTRONIC SOUND,
SYMBOL, OR PROCESS, ATTACHED TO OR LOGICALLY ASSOCIATED  WITH  AN  ELEC-
TRONIC  PRESCRIPTION AND EXECUTED OR ADOPTED BY A PERSON WITH THE INTENT
TO SIGN THE PRESCRIPTION, IN ACCORDANCE WITH REGULATIONS OF THE  COMMIS-
SIONER  AND  APPLICABLE  REGULATIONS  OF  THE COMMISSIONER OF HEALTH AND
FEDERAL REGULATIONS.
  S 2. Paragraph (a) of subdivision 6 of section 6810 of  the  education
law,  as  amended by chapter 649 of the laws of 1993, is amended to read
as follows:
  (a) Every prescription written in this state by a person authorized to
issue such prescription shall be on prescription  forms  containing  one
line  for  the  prescriber's signature. The prescriber's signature shall
validate the prescription. EVERY ELECTRONIC PRESCRIPTION  SHALL  PROVIDE
FOR  THE  PRESCRIBER'S  ELECTRONIC  SIGNATURE,  WHICH SHALL VALIDATE THE
ELECTRONIC PRESCRIPTION. Imprinted conspicuously ON  EVERY  PRESCRIPTION
WRITTEN  IN  THIS STATE in eight point upper case type immediately below

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

                                                           LBD17385-05-0

A. 11228--A                         2

the signature line shall be the words: "THIS PRESCRIPTION WILL BE FILLED
GENERICALLY UNLESS PRESCRIBER WRITES 'd a w' IN THE BOX  BELOW".  Unless
the  prescriber  writes  d a w in such box in the prescriber's own hand-
writing  OR,  IN  THE CASE OF ELECTRONIC PRESCRIPTIONS, INSERTS AN ELEC-
TRONIC DIRECTION TO DISPENSE  THE  DRUG  AS  WRITTEN,  the  prescriber's
signature  OR  ELECTRONIC  SIGNATURE shall designate approval of substi-
tution by a pharmacist of a drug product pursuant to  paragraph  (o)  of
subdivision  one of section two hundred six of the public health law. No
other letters or marks in  such  box  shall  prohibit  substitution.  No
prescription forms used or intended to be used by a person authorized to
issue a prescription shall have 'd a w' preprinted in such box. Such box
shall  be  placed  directly under the signature line and shall be three-
quarters inch in length and one-half inch in height,  OR  IN  COMPARABLE
FORM FOR AN ELECTRONIC PRESCRIPTION AS MAY BE SPECIFIED BY REGULATION OF
THE  COMMISSIONER.  Immediately below such box shall be imprinted in six
point type the words "Dispense As Written".  Notwithstanding  any  other
provision of law, no state official, agency, board or other entity shall
promulgate  any  regulation or guideline modifying those elements of the
prescription form's contents  specified  in  this  subdivision.  To  the
extent  otherwise  permitted  by law, a prescriber may modify only those
elements of the prescription  form's  contents  not  specified  in  this
subdivision.  Notwithstanding any other provision of this section or any
other  law, when a generic drug is not available and the brand name drug
originally prescribed is available and the pharmacist agrees to dispense
the brand name product for a price that will not exceed the  price  that
would  have  been  charged for the generic substitute had it been avail-
able, substitution of a generic drug product will not  be  required.  If
the  generic drug product is not available and a medical emergency situ-
ation, which for purposes of this section is defined  as  any  condition
requiring  alleviation  of severe pain or which threatens to cause disa-
bility or take life if not promptly treated, exists, then the pharmacist
may dispense the brand name  product  at  his  regular  price.  In  such
instances  the  pharmacist  must record the date, hour and nature of the
medical emergency on the back of the prescription and keep a copy of all
such prescriptions.
  S 3. This act shall not be construed to mean or imply that any  refer-
ence in any statute or regulation to a prescription, signature, or writ-
ing  does  not include an electronic prescription, electronic signature,
or entry of information by electronic means, respectively.
  S 4. This act shall take effect immediately.