Senate Bill S7984A

2009-2010 Legislative Session

Relates to electronic prescriptions and generic substitution

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Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 24, 2010	print number 7984a
Jun 24, 2010	amend and recommit to higher education
May 27, 2010	referred to higher education

Bill Amendments

2009-S7984 - Details

See Assembly Version of this Bill:: A11228
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6802 & 6810, Ed L
Versions Introduced in 2011-2012 Legislative Session:: S4245, A3334

2009-S7984 - Summary

Defines the terms electronic prescription and electronic signature and enacts provisions for their use.

2009-S7984 - Sponsor Memo

                                BILL NUMBER:S7984

TITLE OF BILL:

An act
to amend the education law, in relation to electronic prescriptions and
generic substitution

PURPOSE:

To provide for the use of electronic prescriptions, and clarify
provisions relating to the form of electronic prescriptions.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new subdivision 23 to Education Law
6802, to define "electronic prescription" and "electronic signature."

Section 2 allows for the use of electronic prescriptions and clarifies
how prescriber's electronic signature is used to validate an
electronic prescription and indicate whether a prescription is to be
"dispensed as written."

EXISTING LAW:

Section 6810 currently sets forth the requirements for a prescription

under New York State law, including the form that should be utilized,
the signature requirement and long-standing provisions governing the
prescription of generic and brand name drugs. The current provisions
require, among other things, that a prescriber must specify "d a w"
(dispense as written) in his or her "own handwriting" to override the
presumption that the prescription may be filled with the generic
equivalent drug product.

JUSTIFICATION:

It is important to ensure that current law governing prescriptions
keep pace with the increased use of electronic prescribing and remove
any confusion or barriers to its expanded use. As currently written,
New York law cannot be entirely reconciled with electronic
prescriptions. This bill would not alter existing policies related to
prescriptions, but would adapt those policies to the electronic
prescribing context and ensure that existing rules governing
prescriptions would continue to apply.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2009-S7984 - Bill Text download pdf

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

                                  7984

                            I N  S E N A T E

                              May 27, 2010
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

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, INCLUDING BY FACSIMILE, 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  AND TRANSMITTED VIA FACSIMILE MUST BE MANUALLY SIGNED. "ELEC-
TRONIC" 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 ELECTRONIC PRESCRIPTION AND
EXECUTED  OR  ADOPTED  BY  A  PERSON  WITH  THE  INTENT  TO   SIGN   THE
PRESCRIPTION,  IN  ACCORDANCE  WITH  REGULATIONS OF THE COMMISSIONER AND
APPLICABLE REGULATIONS OF THE COMMISSIONER OF HEALTH AND  FEDERAL  REGU-
LATIONS.
  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 in eight point upper
case type immediately below the signature line shall be the words: "THIS
PRESCRIPTION WILL BE FILLED GENERICALLY UNLESS PRESCRIBER WRITES 'd a w'

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

                                                           LBD17385-02-0

S. 7984                             2

IN THE BOX BELOW". Unless the prescriber writes d a w in such box in the
prescriber's  own  handwriting   OR,   IN   THE   CASE   OF   ELECTRONIC
PRESCRIPTIONS,  INSERTS  AN ELECTRONIC DIRECTION TO DISPENSE THE DRUG AS
WRITTEN, the prescriber's signature OR ELECTRONIC SIGNATURE shall desig-
nate approval of substitution 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".  Notwith-
standing 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 spec-
ified 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 available, substitution of a generic drug product  will  not
be  required. If the generic drug product is not available and a medical
emergency situation, which for purposes of this section  is  defined  as
any condition requiring alleviation of severe pain or which threatens to
cause  disability 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.

2009-S7984A (ACTIVE) - Details

See Assembly Version of this Bill:: A11228
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6802 & 6810, Ed L
Versions Introduced in 2011-2012 Legislative Session:: S4245, A3334

2009-S7984A (ACTIVE) - Summary

Defines the terms electronic prescription and electronic signature and enacts provisions for their use.

2009-S7984A (ACTIVE) - Sponsor Memo

2009-S7984A (ACTIVE) - Bill Text download pdf

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

                                 7984--A

                            I N  S E N A T E

                              May 27, 2010
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed  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

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

                                                           LBD17385-05-0

S. 7984--A                          2

WRITTEN IN THIS STATE in eight point upper case type  immediately  below
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.

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Senate Bill S7984A

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Actions

Bill Amendments

2009-S7984 - Details

2009-S7984 - Summary

2009-S7984 - Sponsor Memo

2009-S7984 - Bill Text download pdf

2009-S7984A (ACTIVE) - Details

2009-S7984A (ACTIVE) - Summary

2009-S7984A (ACTIVE) - Sponsor Memo

2009-S7984A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Thomas K. Duane

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Actions

Bill Amendments

2009-S7984 - Details

2009-S7984 - Summary

2009-S7984 - Sponsor Memo

2009-S7984 - Bill Text download pdf

2009-S7984A (ACTIVE) - Details

2009-S7984A (ACTIVE) - Summary

2009-S7984A (ACTIVE) - Sponsor Memo

2009-S7984A (ACTIVE) - Bill Text download pdf

Comments