S T A T E O F N E W Y O R K
________________________________________________________________________
7065
2009-2010 Regular Sessions
I N A S S E M B L Y
March 19, 2009
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Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to authorizing the
use of the electronic medical records system when issuing certain
controlled substances
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
3335 to read as follows:
S 3335. ISSUING UPON PRESCRIPTIONS VIA ELECTRONIC MEDICAL RECORDS
SYSTEM. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "ELECTRONIC
MEDICAL RECORDS SYSTEM" SHALL MEAN AN ELECTRONIC MEDICAL RECORDS SYSTEM
WHICH ENABLES A PHYSICIAN TO CONSOLIDATE RECORD KEEPING.
2. A PHYSICIAN MAY DISPENSE DIRECTLY TO A PHARMACY ANY CONTROLLED
SUBSTANCE PRESCRIPTION PURSUANT TO AN ELECTRONIC MEDICAL RECORDS SYSTEM.
3. IF A PHYSICIAN OPTS TO ISSUE PRESCRIPTIONS PURSUANT TO SUBDIVISION
TWO OF THIS SECTION, SUCH PHYSICIAN SHALL BE ELIGIBLE AND PERMITTED TO
ISSUE ANY AND ALL PRESCRIPTIONS THROUGH SUCH ELECTRONIC MEDICAL RECORDS
SYSTEM, INCLUDING PRESCRIPTIONS FOR PATIENTS RECEIVING MEDICAID.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00689-01-9