NY State Senate Bill 2011-S5720

Archive: Last Bill Status - In Senate Committee Health 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
Feb 15, 2012	print number 5720a
Feb 15, 2012	amend and recommit to health
Jan 04, 2012	referred to health
Jun 13, 2011	referred to rules

Bill Amendments

Original

A (Active)

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2011-S5720 - Details

See Assembly Version of this Bill:: A8320
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §3343-a, Pub Health L

2011-S5720 - Summary

Enacts the Internet System for Tracking Over-Prescribing (I-STOP) Act; provides for the creation of a system for collecting, monitoring and reporting data concerning the prescribing and dispensing of schedule II, III, IV and V controlled substances, or any other substances specified by the commissioner, that are prescribed or dispensed by health care practitioners.

2011-S5720 - Sponsor Memo

                                BILL NUMBER:S5720

TITLE OF BILL:
An act
to amend the public health law, in relation to creating an on-line real
time controlled substance reporting system to monitor the prescribing
and dispensing of certain controlled substances

PURPOSE OR GENERAL IDEA OF BILL:
To establish an on-line, real-time
controlled substance reporting system that requires practitioners and
pharmacists to search for and report certain data at the time a
schedule II, III, IV, or V controlled substance prescription is
issued and at the time such substance is dispensed to identify and
stop the over-prescription and abuse of schedule II, III, IV, and V
controlled substances.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill establishes the title of the Act as the
"Internet System for Tracking Over-Prescribing(I-STOP) Act".

Section 2 adds a new section 3343-a to the Public Health Law to: (1)
require the Department of Health to establish and maintain an on-line;
real-time controlled substance reporting system to track the
prescription and dispensing of schedule II, III, IV, and V controlled
substances; (2) require practitioners to review a patient's

controlled substance prescription history on the on-line, real-time
controlled substance reporting system prior to prescribing a schedule
II, III, IV, and V controlled substance; (3) require practitioners to
report statutorily-required data to the on-line, real-time controlled
substance reporting system upon issuing a schedule II, III, IV, and V
controlled substance; (4) require pharmacists to review the on-line,
real-time controlled substance reporting system to confirm the person
presenting a prescription for a schedule II, III, IV, and V
controlled substance possesses a legitimate prescription prior to
dispensing such substance; (5) require pharmacists to report
statutorily-required data to the on-line, real-time controlled
substance reporting system upon dispensing a schedule II, III, IV,
and V controlled substance; (6) prohibit disclosure of all
statutorily-required data collected on the on-line, real-time
controlled substance reporting system by a practitioner, pharmacist
or commissioner of health, unless authorized
by law; (7)provide immunity for public officers acting in good faith
and provide civil penalties for those persons who knowingly violate
the a provision of Article 33 of the Public Health Law; (8) provide
continuing education programs to practitioners, pharmacists and law
enforcement about the purposes and proper uses of the on-line,
real-time controlled substance reporting system; (9) order the
Commissioner of Health to promulgate rules and regulations to
effectuate this section; and (10) prohibit the Commissioner of Health
from imposing a fee or tax on a practitioner or pharmacist for the
specific operation of the on-line, real-time controlled substance
reporting system.

Section 3 is the effective date; this act shall take effect
immediately; provided however, that subdivisions 2,3,4,5,6 and 7 of


section 3343-a of the Public Health Law as added by section two of
this act shall take effect one year after such effective date.

JUSTIFICATION:
The United States is experiencing an epidemic. Americans consume 80
percent of the supply of pain pills in the world and recent data
collected by the Drug Enforcement Administration (DEA) has found that
more than 7 million Americans admit to abusing prescription drugs.
Further, the DEA has concluded that prescriptions drugs have surpassed
marijuana as the number one gateway drug for first-time drug abusers
in the United States. And, emergency room visits for reactions to
opioid painkillers, like oxycodone, have more than doubled from 2004
(144,600) to 2008 (305,900).(1)

New York State is not immune from this epidemic. In New York City,
oxycodone prescriptions rose 66 percent from 2007 to 2009, with a
great number of those prescriptions filled in Staten Island.(2)
In Buffalo, Catholic Health System, New York's largest methadone clinic
outside of New York City, is beginning to reorganize its services to
accommodate an increase in care needed to treat the number of
addicted expecting mothers and their newborns.(3)
This past summer in Nassau County, Opana ER, an opioid, began
to replace OxyContin, as the drug manufacturer began altering
OxyContin's current formula to prevent its abuse.
Specifically, as Nassau County Medicaid prescriptions for OxyContin
decreased 43 percent between August and February, Nassau County
Medicaid prescriptions for Opana ER increased 45 percent during the
same time period.(4)

The solution to the over-prescription of controlled substances, such
as OxyContin, is practitioner and pharmacist awareness. Yeshiva
University conducted a two-year review of administrative and medical
records of more than 1,600 primary care patients who received regular
prescription opioids and found that less than half of the patients saw
their physicians regularly. This legislation would connect
practitioners and pharmacists to a greater source of centralized
information to avoid the over-prescribing. and help identify and
treat patients who seek to abuse prescription drugs. This legislation
will also furnish objective and highly-relevant data to bona fide
healthcare professionals, while shining a spotlight on those who
enable and profit from drug abuse.

41 States have some form of prescription drug monitoring laws. New
York State currently operates a limited prescription monitoring
program.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately; provided
however, that subdivisions 2,3,4,5,6 and 7 of section 3343-a of the
Public Health Law as added by section two of this act shall take
effect one year after such effective date.


FOOTNOTES:
(1) Roni Caryn Rabin, Hazards Emergencies Over Legal Drugs Increase,
New York Times, June 21, 2010.

(2) Abby Goodnough, A Wave of Addiction and Crime, with the Medicine
Cabinet to Blame, New York Times, September 23, 2010.

(3) Henry L. Davis, Treating the Tiniest Addicts Mothers' Pill Abuse
Leads to Newborns' Exposure, Buffalo News, June 1, 2011.

(4) Timothy Bolger, Officials Warn of New Drug of Choice on Long Island,
Long Island Press, May 10, 2011.

2011-S5720 - Bill Text download pdf

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

                                  5720

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 13, 2011
                               ___________

Introduced by Sen. LANZA -- (at request of the Attorney General) -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Rules

AN ACT to amend the public  health  law,  in  relation  to  creating  an
  on-line real time controlled substance reporting system to monitor the
  prescribing and dispensing of certain controlled substances

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

  Section 1. This act shall be known and may be cited as  the  "Internet
System for Tracking Over-Prescribing (I-STOP) Act".
  S  2.  The public health law is amended by adding a new section 3343-a
to read as follows:
  S 3343-A. ON-LINE REAL-TIME CONTROLLED SUBSTANCE REPORTING SYSTEM.  1.
ESTABLISHMENT  OF SYSTEM. THE COMMISSIONER SHALL, IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION, ESTABLISH AND MAINTAIN A SYSTEM FOR COLLECT-
ING, MONITORING  AND  REPORTING  DATA  CONCERNING  THE  PRESCRIBING  AND
DISPENSING  OF  SCHEDULE II, III, IV, OR V CONTROLLED SUBSTANCES, OR ANY
OTHER SUBSTANCES SPECIFIED BY THE COMMISSIONER, THAT ARE  PRESCRIBED  OR
DISPENSED.  SUCH  SYSTEM  SHALL  ALLOW  PRACTITIONERS AND PHARMACISTS TO
MONITOR AND REPORT SUCH DATA BY  MEANS  OF  AN  INTERNET  PORTAL  AND  A
WEBSITE AND ANY OTHER ELECTRONIC MEANS DEEMED APPROPRIATE BY THE COMMIS-
SIONER.  SUCH SYSTEM SHALL ENABLE PRACTITIONERS AND PHARMACISTS TO MONI-
TOR AND REPORT SUCH DATA AT THE TIME A PRESCRIPTION IS  ISSUED  OR  SUCH
SUBSTANCE  IS  DISPENSED.  THE  COMMISSIONER SHALL ADOPT AND SUCH SYSTEM
SHALL MAINTAIN PROCEDURES AND  SAFEGUARDS  TO  ENSURE  THE  PRIVACY  AND
CONFIDENTIALITY  OF  PATIENT  INFORMATION  AND  TO  ENSURE THAT ANY DATA
COLLECTED OR REPORTED IS  NOT  UNLAWFULLY  ACCESSED  OR  DISCLOSED.  THE
COMMISSIONER  SHALL  ALSO ESTABLISH ACCEPTABLE ERROR TOLERANCE RATES FOR
DATA AND PROCEDURES FOR PRACTITIONERS AND PHARMACISTS TO FOLLOW  IN  THE
EVENT OF A TECHNOLOGICAL FAILURE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11782-01-1

S. 5720                             2

  2.  REPORTING OBLIGATIONS. EVERY PRACTITIONER OR PHARMACIST WITHIN THE
STATE OR ANY OTHER DISPENSER WHO HAS OBTAINED A LICENSE, PERMIT OR OTHER
AUTHORIZATION TO OPERATE FROM THE  COMMISSIONER  OF  EDUCATION,  OR  ANY
AGENT  THEREOF,  SHALL  REPORT TO THE COMMISSIONER THE DATA SPECIFIED IN
PARAGRAPH  A  OR  B  OF  THIS SUBDIVISION THROUGH AN INTERNET PORTAL AND
WEBSITE MAINTAINED BY THE  COMMISSIONER  AND  ANY  OTHER  METHOD  DEEMED
APPROPRIATE BY THE COMMISSIONER, UPON ISSUING A PRESCRIPTION OR DISPENS-
ING  A  SCHEDULE  II,  III,  IV,  OR V CONTROLLED SUBSTANCE OR ANY OTHER
SUBSTANCE SPECIFIED BY THE COMMISSIONER; PROVIDED  THAT  SUCH  REPORTING
SHALL  NOT BE REQUIRED FOR ANY SUCH SUBSTANCE ADMINISTERED DIRECTLY TO A
PATIENT, OR FOR SUCH SUBSTANCE DISPENSED PURSUANT TO SECTION THREE THOU-
SAND THREE HUNDRED THIRTY-FOUR, THREE THOUSAND THREE HUNDRED THIRTY-SEV-
EN OR THREE THOUSAND THREE HUNDRED FORTY-TWO OF THIS CHAPTER OR ANY RULE
OR REGULATION PROMULGATED UNDER THOSE SECTIONS.
  A. DATA TO BE REPORTED BY PRACTITIONERS. DATA CONCERNING SCHEDULE  II,
III, IV, OR V CONTROLLED SUBSTANCES OR ANY OTHER SUBSTANCES SPECIFIED BY
THE COMMISSIONER THAT ARE PRESCRIBED SHALL INCLUDE BUT NOT BE LIMITED TO
THE  FOLLOWING:  PRACTITIONER PRESCRIPTION NUMBER; PRACTITIONER NATIONAL
IDENTIFICATION NUMBER; PATIENT NAME; PATIENT ADDRESS, INCLUDING  STREET,
CITY,  STATE,  ZIP  CODE;  PATIENT  DATE  OF  BIRTH; PATIENT'S SEX; DATE
PRESCRIPTION ISSUED; METRIC QUANTITY; NATIONAL DRUG CODE NUMBER  OF  THE
DRUG;  NUMBER  OF  DAYS  SUPPLY;  PRACTITIONER DRUG ENFORCEMENT ADMINIS-
TRATION NUMBER; DATE PRESCRIPTION WRITTEN;  SERIAL  NUMBER  OF  OFFICIAL
PRESCRIPTION  FORM,  OR  AN  IDENTIFIER  DESIGNATED  BY  THE DEPARTMENT;
PAYMENT METHOD, AND NUMBER OF REFILLS AUTHORIZED.
  B. DATA TO BE REPORTED BY PHARMACISTS. DATA  CONCERNING  SCHEDULE  II,
III, IV, OR V CONTROLLED SUBSTANCES OR ANY OTHER SUBSTANCES SPECIFIED BY
THE  COMMISSIONER THAT ARE DISPENSED SHALL INCLUDE BUT NOT BE LIMITED TO
THE FOLLOWING: PHARMACY PRESCRIPTION NUMBER; PHARMACY'S  NATIONAL  IDEN-
TIFICATION  NUMBER;  PATIENT  NAME;  PATIENT  ADDRESS, INCLUDING STREET,
CITY, STATE, ZIP CODE;  PATIENT  DATE  OF  BIRTH;  PATIENT'S  SEX;  DATE
PRESCRIPTION  FILLED;  METRIC QUANTITY; NATIONAL DRUG CODE NUMBER OF THE
DRUG; NUMBER OF DAYS  SUPPLY;  PRACTITIONER  DRUG  ENFORCEMENT  ADMINIS-
TRATION  NUMBER;  DATE  PRESCRIPTION  WRITTEN; SERIAL NUMBER OF OFFICIAL
PRESCRIPTION FORM, OR AN  IDENTIFIER  DESIGNATED  BY  THE  COMMISSIONER;
PAYMENT METHOD; NUMBER OF REFILLS AUTHORIZED; AND REFILL NUMBER.
  3.    DUTY  TO  CONSULT  DATABASE; PROHIBITIONS. EVERY PRACTITIONER OR
PHARMACIST WITHIN THE STATE,  INCLUDING  ANY  OTHER  DISPENSER  WHO  HAS
OBTAINED  A  LICENSE, PERMIT, OR OTHER AUTHORIZATION TO OPERATE FROM THE
COMMISSIONER OF EDUCATION, SHALL MAKE INQUIRY TO THE ON-LINE  CONTROLLED
SUBSTANCE  REPORTING  SYSTEM  ESTABLISHED PURSUANT TO SUBDIVISION ONE OF
THIS SECTION PRIOR TO PRESCRIBING OR DISPENSING ANY  SCHEDULE  II,  III,
IV,  OR  V  CONTROLLED SUBSTANCE OR ANY OTHER SUBSTANCE SPECIFIED BY THE
COMMISSIONER; PROVIDED THAT THIS SUBDIVISION AND PARAGRAPHS (A) AND  (B)
HEREOF, SHALL NOT APPLY TO ANY SUCH SUBSTANCE ADMINISTERED DIRECTLY TO A
PATIENT  OR  FOR ANY SUCH SUBSTANCE DISPENSED PURSUANT TO SECTIONS THREE
THOUSAND THREE HUNDRED THIRTY-FOUR, THREE THOUSAND THREE  HUNDRED  THIR-
TY-SEVEN  OR  THREE THOUSAND THREE HUNDRED FORTY-TWO OF THIS CHAPTER AND
ANY RULE PROMULGATED THEREUNDER.
  A. NO PRACTITIONER SHALL PRESCRIBE ANY SCHEDULE  II,  III,  IV,  OR  V
CONTROLLED SUBSTANCE OR ANY OTHER SUBSTANCE SPECIFIED BY THE COMMISSION-
ER  WITHOUT  REVIEWING  A  PATIENT'S  CONTROLLED  SUBSTANCE PRESCRIPTION
HISTORY AS SET FORTH  IN  THE  ON-LINE  CONTROLLED  SUBSTANCE  REPORTING
SYSTEM  TO  DETERMINE  THAT SUCH PRESCRIPTION IS MEDICALLY NECESSARY AND
WOULD NOT OTHERWISE VIOLATE SECTION THREE THOUSAND THREE  HUNDRED  FIFTY
OF THIS ARTICLE, OR, FOR PRESCRIPTIONS ELIGIBLE FOR REIMBURSEMENT BY THE

S. 5720                             3

MEDICAID  PROGRAM,  SECTION  ONE  HUNDRED  FORTY-FIVE-B  OF  THE  SOCIAL
SERVICES LAW.
  B.  NO  PHARMACIST  SHALL  DISPENSE  ANY  SCHEDULE  II,  III, IV, OR V
CONTROLLED SUBSTANCE OR ANY OTHER SUBSTANCE SPECIFIED BY THE COMMISSION-
ER WITHOUT CONFIRMING THE EXISTENCE OF A MATCHING REPORT PROVIDED  BY  A
PRACTITIONER THROUGH THE ON-LINE CONTROLLED SUBSTANCE REPORTING SYSTEM.
  4.  LIMITATIONS ON USE; DISCLOSURE RESTRICTIONS. A. NO PRACTITIONER OR
PHARMACIST SHALL DISCLOSE OR BE REQUIRED TO DISCLOSE ANY DATA VIEWED  OR
RECEIVED  THROUGH  THE  ON-LINE  CONTROLLED  SUBSTANCE  REPORTING SYSTEM
UNLESS SO REQUIRED BY A PROVISION OF LAW SPECIFICALLY  RELATING  TO  THE
TREATMENT  OF  A  PATIENT  OR  RELATING TO THE MANDATORY REPORTING OF AN
ILLEGAL USE OR ABUSE OF A CONTROLLED SCHEDULE II, III, IV OR V SUBSTANCE
OR ANY OTHER SUBSTANCE SPECIFIED BY THE COMMISSIONER.   DISCLOSURE BY  A
PRACTITIONER  OR  PHARMACIST  TO  ANY  OTHER PERSON OR ENTITY, INCLUDING
DISCLOSURE IN THE CONTEXT OF A CIVIL  ACTION  WHERE  THE  DISCLOSURE  IS
SOUGHT EITHER FOR THE PURPOSE OF DISCOVERY OR FOR EVIDENCE, IS PROHIBIT-
ED.
  B.  THE  COMMISSIONER  MAY NOT DISCLOSE DATA COLLECTED FOR THE ON-LINE
CONTROLLED SUBSTANCE REPORTING SYSTEM UNLESS SPECIFICALLY SO  AUTHORIZED
BY LAW.
  C.  THE COMMISSIONER SHALL BE AUTHORIZED TO REVIEW BY ELECTRONIC MEANS
OR OTHERWISE THE DATE COLLECTED OR PUBLISHED FOR THE ON-LINE  CONTROLLED
SUBSTANCE  REPORTING  SYSTEM.  THE  COMMISSIONER  SHALL BE AUTHORIZED TO
DISCLOSE DATA COLLECTED FOR  OR  PUBLISHED  ON  THE  ON-LINE  CONTROLLED
SUBSTANCE  REPORTING  SYSTEM, WITHOUT NECESSITY OF SUBPOENA, TO: (I) THE
DIRECTOR OF THE OFFICE OF THE PROFESSIONS OF THE DEPARTMENT OF EDUCATION
OR HIS OR HER DESIGNEE WHO IS RESPONSIBLE FOR THE LICENSURE, REGULATION,
OR DISCIPLINE OF PRACTITIONERS OR PHARMACISTS; (II) THE DEPUTY  ATTORNEY
GENERAL  FOR  MEDICAID  FRAUD  CONTROL OR HIS OR HER DESIGNEE; (III) THE
MEDICAID INSPECTOR GENERAL OR HIS OR HER DESIGNEE; (IV)  A  JUDGE  OR  A
PROBATION  OR  PAROLE  OFFICER  ADMINISTERING  A  DIVERSION OR PROBATION
PROGRAM OF A CRIMINAL DEFENDANT WHO IS  ELIGIBLE  TO  PARTICIPATE  IN  A
COURT-ORDERED DRUG DIVERSION OR PROBATION PROGRAM; OR (V) A PRACTITIONER
OR  PHARMACIST,  OR  THEIR AGENT, WHO REQUESTS INFORMATION AND CERTIFIES
THAT THE REQUESTED INFORMATION IS FOR THE PURPOSE OF  PROVIDING  MEDICAL
OR PHARMACEUTICAL TREATMENT TO A CURRENT PATIENT. ANY PERSON TO WHOM THE
COMMISSIONER  DISCLOSES  SUCH  DATA PURSUANT TO THIS PARAGRAPH SHALL NOT
PROVIDE SUCH DATA TO ANY OTHER PERSON OR ENTITY EXCEPT BY  COURT  ORDER,
WHICH  SHALL  BE  GRANTED  ONLY UPON APPLICATION BY SUCH PERSON AND ONLY
UPON A SHOWING THAT SUCH AN ORDER IS NECESSARY FOR SUCH PERSON TO  CARRY
OUT  HIS OR HER DUTIES AS A PUBLIC OFFICER OR AS A PRACTITIONER OR PHAR-
MACIST; PROVIDED THAT THE COMMISSIONER OF THE  DEPARTMENT  OF  EDUCATION
MAY SUBMIT THE DATA AS EVIDENCE IN ANY ADMINISTRATIVE HEARING AS AUTHOR-
IZED BY LAW.
  D.  THE  COMMISSIONER SHALL BE AUTHORIZED TO PROVIDE THE DATA REPORTED
TO OR COLLECTED FOR THE ON-LINE CONTROLLED  SUBSTANCE  REPORTING  SYSTEM
UPON  RECEIPT  OF A SUBPOENA ISSUED TO A POLICE OFFICER, DISTRICT ATTOR-
NEY, OR GRAND JURY, OR ANY FEDERAL OR STATE LAW ENFORCEMENT AGENCY.
  E. THE COMMISSIONER MAY USE ANY  DATA  OR  REPORTS  COLLECTED  FOR  OR
REPORTED  TO  THE  ON-LINE CONTROLLED SUBSTANCE REPORTING SYSTEM FOR THE
PURPOSE OF IDENTIFYING MEDICAID RECIPIENTS  WHOSE  USAGE  OF  CONTROLLED
SUBSTANCES  MAY BE APPROPRIATELY MANAGED BY A SINGLE OUTPATIENT PHARMACY
OR PRIMARY CARE PRACTITIONER.
  F. NOTHING IN THIS SUBDIVISION SHALL BE INTERPRETED TO ALLOW A DISCLO-
SURE OF INFORMATION OTHERWISE PROHIBITED BY FEDERAL LAW.

S. 5720                             4

  5. IMMUNITY. NO PUBLIC OFFICER ACTING IN GOOD FAITH NOR THE  STATE  OF
NEW  YORK  NOR  ANY  DEPARTMENT,  BUREAU, BOARD OR POLITICAL SUBDIVISION
THEREOF SHALL BE SUBJECT TO  CIVIL  LIABILITY  ARISING  FROM  ANY  FALSE
INFORMATION  OF  ANY  DATA  SUBMITTED  TO  OR  REPORTED  BY  THE ON-LINE
CONTROLLED  SUBSTANCE  REPORTING SYSTEM; OR ANY FAILURE OF THE SYSTEM TO
ACCURATELY OR TIMELY REPORT SUCH DATA; OR FOR  DISCLOSURE  OF  ANY  DATA
MAINTAINED  BY  THE  SYSTEM  RESULTING  FROM SUCH OFFICER ACTING IN GOOD
FAITH IN THE DISCHARGE OF HIS OR HER DUTIES.
  6. CIVIL PENALTIES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS  ARTI-
CLE RELATING TO VIOLATIONS OF THIS ARTICLE:
  A. ANY PRACTITIONER OR PHARMACIST WHO KNOWINGLY FAILS TO TRANSMIT DATA
TO THE COMMISSIONER AS REQUIRED BY SUBDIVISION TWO OF THIS SECTION SHALL
BE  LIABLE  TO THE STATE FOR A CIVIL PENALTY OF FIVE HUNDRED DOLLARS FOR
THE FIRST PRESCRIPTION ISSUED WHICH IS NOT PROPERLY REPORTED; ONE  THOU-
SAND DOLLARS FOR THE SECOND PRESCRIPTION NOT PROPERLY REPORTED; AND FIVE
THOUSAND DOLLARS FOR EACH PRESCRIPTION NOT PROPERLY REPORTED THEREAFTER.
  B.  ANY  PRACTITIONER OR PHARMACIST WHO KNOWINGLY FAILS TO REVIEW DATA
PRIOR TO PRESCRIBING OR DISPENSING ANY SUBSTANCE IN VIOLATION OF  SUBDI-
VISION  THREE  OF  THIS SECTION SHALL BE LIABLE TO THE STATE FOR A CIVIL
PENALTY OF FIVE HUNDRED DOLLARS FOR THE FIRST  PRESCRIPTION  SO  ISSUED;
ONE  THOUSAND  DOLLARS  FOR  THE SECOND PRESCRIPTION SO ISSUED; AND FIVE
THOUSAND DOLLARS FOR EACH PRESCRIPTION ISSUED IN VIOLATION  OF  SUBDIVI-
SION THREE OF THIS SECTION THEREAFTER.
  C.  ANY PRACTITIONER OR PHARMACIST WHO KNOWINGLY DISCLOSES INFORMATION
IN VIOLATION OF SUBDIVISION FOUR OF THIS SECTION SHALL BE LIABLE  FOR  A
PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR THE FIRST SUCH DISCLO-
SURE;  ONE  THOUSAND  DOLLARS  FOR  THE SECOND SUCH DISCLOSURE; AND FIVE
THOUSAND DOLLARS FOR EACH SUCH DISCLOSURE ISSUED IN VIOLATION OF  SUBDI-
VISION THREE THEREAFTER.
  D. NOTHING IN THIS SECTION SHALL BE INTERPRETED TO PREEMPT OR RESTRICT
ANY CIVIL ACTION BY ANY INDIVIDUAL FOR DAMAGES RESULTING FROM AN ILLEGAL
DISCLOSURE  OF  INFORMATION  IN  VIOLATION  OF  SUBDIVISION FOUR OF THIS
SECTION, OR ANY OTHER CIVIL OR CRIMINAL ACTION BY  THE  COMMISSIONER  OR
ANY LAW ENFORCEMENT AGENCY.
  7.  EDUCATION AND OUTREACH. THE COMMISSIONER SHALL WORK WITH THE STATE
EDUCATION DEPARTMENT AND ANY OTHER GOVERNMENTAL OR PRIVATE  PROFESSIONAL
ORGANIZATION RESPONSIBLE FOR THE LICENSURE, REGULATION, OR DISCIPLINE OF
PRACTITIONERS,  PHARMACISTS,  AND  OTHER  PERSONS  WHO ARE AUTHORIZED TO
PRESCRIBE, ADMINISTER, OR DISPENSE CONTROLLED SUBSTANCES, FOR THE DEVEL-
OPMENT OF A CONTINUING EDUCATION PROGRAM ABOUT THE PURPOSES AND USES  OF
THE  ON-LINE  CONTROLLED  SUBSTANCE REPORTING SYSTEM ESTABLISHED BY THIS
SECTION. THE ATTORNEY GENERAL SHALL WORK WITH THE DEPARTMENT OF CRIMINAL
JUSTICE SERVICES FOR THE DEVELOPMENT OF A CONTINUING  EDUCATION  PROGRAM
FOR  LAW  ENFORCEMENT  OFFICERS ABOUT THE PURPOSES AND USES OF THE ELEC-
TRONIC SYSTEM FOR MONITORING ESTABLISHED IN THIS SECTION.
  8. RULES AND REGULATIONS. THE COMMISSIONER SHALL PROMULGATE RULES  AND
REGULATIONS  NECESSARY  TO  EFFECTUATE  THE  PROVISIONS OF THIS SECTION;
PROVIDED HOWEVER, THE COMMISSIONER SHALL  NOT  PROMULGATE  ANY  RULE  OR
REGULATION  THAT REQUIRES ANY PRACTITIONER OR PHARMACIST TO PAY A FEE OR
TAX SPECIFICALLY DEDICATED TO THE OPERATION OF THE SYSTEM.
  S 3. This act shall take effect immediately; provided,  however,  that
subdivisions  2, 3, 4, 5, 6 and 7 of section 3343-a of the public health
law as added by section two of this act shall take effect one year after
such effective date.

co-Sponsors

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2011-S5720A (ACTIVE) - Details

See Assembly Version of this Bill:: A8320
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §3343-a, Pub Health L

2011-S5720A (ACTIVE) - Summary

2011-S5720A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5720A

TITLE OF BILL:
An act to amend the public health law, in relation to creating an
on-line real time controlled substance reporting system to monitor the
prescribing and dispensing of certain controlled substances

PURPOSE OR GENERAL IDEA OF BILL:
To establish an on-line, real-time controlled substance reporting
system that requires practitioners and pharmacists to search for and
report certain information at the time a prescription for a covered
drug is issued and at the time such covered drug is dispensed in order
to identify and eliminate the abuse and diversion of schedule II, III,
IV, and V controlled substances.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill establishes the title of the Act as the
"Internet System for Tracking Over-Prescribing(I-STOP) Act".

Section 2 adds a new section 3343-a to the Public Health Law to: (1)
require the Department of Health to establish and maintain an on-line,
real-time controlled substance reporting system to track the
prescription and dispensing of all schedule II and III controlled
substances, and other schedule IV and V controlled substances as
determined by the Department of Health commissioner after consultation
with the advisory board; (2) require practitioners to review a

patient's controlled substance prescription history on the on-line,
real-time controlled substance reporting system prior to prescribing
any schedule II or III controlled substances, and other schedule IV or
V controlled substances as determined by the Department of Health
Commissioner after consultation with the advisory board; (3) require
practitioners or their agents to report statutorily-required
information to the on-line, real-time controlled substance reporting
system upon issuing a schedule II or III controlled substance, or
certain schedule IV or V controlled substances as determined by the
Department of Health commissioner after consultation with the advisory
board; (4) require pharmacists or their agents to review the on-line,
real-time controlled substance reporting system to confirm the person
presenting a prescription, for a schedule II and III controlled
substance or certain schedule IV and V controlled substances as
determined by the Department of Health Commissioner after consultation
with the advisory board substance, possesses a legitimate prescription
prior to dispensing such substance; (5) require pharmacists or their
agents to report statutorily-required information to the on-line,
real-time controlled substance reporting system upon dispensing a
schedule II and III controlled substances, and other schedule IV and V
controlled substances as determined by the Department of Health
Commissioner after consultation with the advisory board; (6) prohibit
the disclosure or unauthorized access of all statutorily-required
information collected on the on-line, real-time controlled substance
reporting system; (7) provide an e-prescribing exemption for
practitioners reporting to and pharmacists consulting with the
on-line, real-time controlled substance reporting system if such
practitioner or pharmacist e-prescribes a schedule II or III
controlled substances, or a schedule IV or V controlled substances as
determined by the Department of Health Commissioner after consultation


with the advisory board; (8) provide immunity for public officers
acting reasonably and in good faith; (9) provide civil penalties for
those persons who knowingly violate the a provision of section 3343-a
of the Public Health Law; (10) provide continuing education programs
to practitioners and pharmacists about the proper uses of the on-line,
real-time controlled substance reporting system; (11) order the
Commissioner of Health to promulgate rules and regulations to
effectuate this section; and (12) prohibit the Commissioner of Health
from imposing a fee or tax on a practitioner or pharmacist for the
specific operation of the on-line, real-time controlled substance
reporting system.

Section 3 adds a new section 3343-b to the Public Health Law to create
an advisory board to assist the Commissioner of the Health Department
to: (1) determine which schedule IV or V controlled substances shall
require practitioners to consult with and report to and pharmacists to
consult with the on-line, real-time controlled substance reporting
system created by 3343-a of the Public Health Law; and (2) to
implement procedures and safeguards for practitioners and pharmacists
who are required to consult and/or report to the on-line, real-time
controlled substance reporting system created by 3343-a of the Public
Health Law.

Section 4 is the effective date; this act shall take effect
immediately; provided however, that subdivisions 2,3,4,5,6 and 7 of
section 3343-a of the Public Health Law as added by section two of
this act shall take effect one year after such effective date.

JUSTIFICATION:
The United States is experiencing an epidemic. Americans consume 80
percent of the supply of pain pills in the world and recent data
collected by the Drug Enforcement Administration (DEA) has found that
more than 7 million Americans admit to abusing prescription drugs.
Further, the DEA has concluded that prescriptions drugs have surpassed
marijuana as the number one gateway drug for first-time drug abusers
in the United States. And, emergency room visits for reactions to
opioid painkillers, ,like oxycodone, have more than doubled from 2004
(144,600) to 2008 (305,900).(1)

New York State is not immune from this epidemic. In New York, the
number of prescriptions for all narcotic painkillers has increased
from 16.6 million in 2007 to nearly 22.5 million in 2009. In a report
released in May of 2011, the New York City Department of Health and
Mental Hygiene found that the rate of prescription pain medication
misuse by New York City residents who are 12 or older has increased by
40 percent from 2002 to 2009. In Buffalo, Catholic Health system, New
York's largest methadone clinic outside of New York City, is beginning
to reorganize its services to accommodate an increase in care needed
to treat the number of addicted expecting mothers and their
newborns.(2) This past summer in Nassau County, Opana ER, an opioid,
began to replace oxyContin, as the drug manufacturer began altering
OxyContin's current formula to prevent its abuse.  Specifically, as
Nassau County Medicaid prescriptions for oxyContin decreased 43
percent between August and February, Nassau County Medicaid
prescriptions for Opana ER increased 45 percent during the same time
period.(3)


The solution to the over-prescription of controlled substances, such
as oxyContin, is practitioner and pharmacist awareness. Yeshiva
University conducted a two-year review of administrative and medical
records of more than 1,600 primary care patients who received regular
prescription opioids and found that less than half of the patients saw
their physicians regularly. This legislation would connect
practitioners and pharmacists to a greater source of centralized
information to avoid the over-prescribing, and help identify and treat
patients who seek to abuse prescription drugs. This legislation will
also furnish objective and highly-relevant data to bona fide
healthcare professionals, while shining a spotlight on those who
enable and profit from drug abuse.

43 states have some form of prescription drug monitoring laws. New
York State currently operates a limited, prescription monitoring
program.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately; provided however, that
subdivisions 3, 4, 5, 6, 7, 8, 9, 10, and 11 of section 3343-a of the
Public Health Law as added by section two of this act shall take
effect one year after such effective date.

FOOTNOTES:

(1) Roni Caryn Rabin, Hazards' Emergencies Over Legal Drugs Increase,
New York Times, June 21, 2010.

(2) Henry L. Davis, Treating the Tiniest Addicts Mothers' Pill Abuse
Leads to Newborns' Exposure, Buffalo News, June 1, 2011.  (3) Timothy
Bolger, Officials Warn of New Drug of Choice on Long Island, Long
Island Press, May 10, 2011.

2011-S5720A (ACTIVE) - Bill Text download pdf

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

                                 5720--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 13, 2011
                               ___________

Introduced  by  Sens.  LANZA,  ADAMS,  ALESI, AVELLA, BRESLIN, CARLUCCI,
  DeFRANCISCO, ESPAILLAT, GIANARIS, GOLDEN, GRIFFO,  GRISANTI,  KENNEDY,
  KRUEGER,  LARKIN,  LAVALLE,  LITTLE,  MARTINS,  McDONALD,  MONTGOMERY,
  O'MARA, OPPENHEIMER, PERALTA, PERKINS, RANZENHOFER,  RITCHIE,  RIVERA,
  SAVINO,  SQUADRON,  STEWART-COUSINS,  VALESKY,  YOUNG,  ZELDIN  -- (at
  request of the Attorney General) -- read twice  and  ordered  printed,
  and  when  printed to be committed to the Committee on Rules -- recom-
  mitted to the Committee on Health in accordance with  Senate  Rule  6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the public  health  law,  in  relation  to  creating  an
  on-line real time controlled substance reporting system to monitor the
  prescribing and dispensing of certain controlled substances

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

  Section 1. This act shall be known and may be cited as  the  "Internet
System for Tracking Over-Prescribing (I-STOP) Act".
  S  2.  The public health law is amended by adding a new section 3343-a
to read as follows:
  S 3343-A. ON-LINE REAL-TIME CONTROLLED SUBSTANCE REPORTING SYSTEM.  1.
ESTABLISHMENT  OF SYSTEM. THE COMMISSIONER SHALL, IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION, ESTABLISH AND MAINTAIN AN ON-LINE, REAL-TIME
SYSTEM FOR COLLECTING, MONITORING AND REPORTING  INFORMATION  CONCERNING
THE  PRESCRIBING AND DISPENSING OF COVERED DRUGS.  SUCH REPORTING SYSTEM
SHALL ENABLE PRACTITIONERS, PHARMACISTS AND OTHER DISPENSERS  TO  ACCESS
AND REPORT SUCH INFORMATION AT THE TIME A PRESCRIPTION IS ISSUED OR SUCH
COVERED DRUG IS DISPENSED, BY ELECTRONIC MEANS, INCLUDING BUT NOT LIMIT-
ED  TO THE INTERNET, AND SUCH OTHER MEANS DESIGNATED BY THE COMMISSIONER
FOLLOWING CONSULTATION WITH THE ADVISORY BOARD.  TO THE EXTENT PRACTICA-
BLE, THE REPORTING SYSTEM MAY BE ESTABLISHED  IN  CONJUNCTION  WITH  THE
STATEWIDE  PLANNING AND RESEARCH COOPERATIVE SYSTEM ESTABLISHED PURSUANT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11782-13-2

S. 5720--A                          2

TO SECTION TWENTY-EIGHT HUNDRED SIXTEEN OF THIS CHAPTER.    THE  COMMIS-
SIONER  SHALL, FOLLOWING CONSULTATION WITH THE ADVISORY BOARD: (I) ADOPT
PROCEDURES AND SAFEGUARDS TO ENSURE THE PRIVACY AND  CONFIDENTIALITY  OF
PATIENT  INFORMATION  ON  SUCH REPORTING SYSTEM AND THAT ANY INFORMATION
COLLECTED OR REPORTED IS NOT  UNLAWFULLY  ACCESSED  OR  DISCLOSED;  (II)
ESTABLISH  ACCEPTABLE  ERROR  TOLERANCE RATES FOR REPORTING SYSTEM DATA;
(III) ESTABLISH PROCEDURES AND  SAFEGUARDS  FOR  PRACTITIONERS,  PHARMA-
CISTS,  AND  OTHER  DISPENSERS TO FOLLOW IN THE EVENT OF A TECHNOLOGICAL
FAILURE; AND (IV) ADOPT PROCEDURES  AND  SAFEGUARDS  TO  FACILITATE  THE
PROPER OPERATION AND USE OF THE REPORTING SYSTEM AND ENSURE THE ACCURACY
OF INFORMATION MAINTAINED THEREON.
  2.  DEFINITIONS.  AS USED IN THIS SECTION: (A) THE TERM "COVERED DRUG"
SHALL MEAN (I) ALL SCHEDULE II AND SCHEDULE III  CONTROLLED  SUBSTANCES;
AND  (II)  ANY  SCHEDULE  IV OR V CONTROLLED SUBSTANCE DETERMINED BY THE
COMMISSIONER, FOLLOWING CONSULTATION WITH  THE  ADVISORY  BOARD,  TO  BE
APPROPRIATE  FOR  INCLUSION IN THE MONITORING AND REPORTING REQUIREMENTS
OF THIS SECTION.
  (B) THE TERM "ADVISORY BOARD" SHALL MEAN  THE  ADVISORY  BOARD  ESTAB-
LISHED BY SECTION THIRTY-THREE HUNDRED FORTY-THREE-B OF THIS ARTICLE.
  (C)  THE  TERM  "AGENT"  SHALL HAVE THE SAME MEANING AS IN SUBDIVISION
THREE OF SECTION THIRTY-THREE HUNDRED TWO OF  THIS  ARTICLE,  AND  SHALL
ALSO MEAN AN AUTHORIZED PERSON WHO ACTS ON BEHALF OF OR AT THE DIRECTION
OF A PRACTITIONER, PHARMACIST, OR OTHER DISPENSER.
  (D)  THE  TERM  "REPORTING  SYSTEM"  SHALL MEAN THE ON-LINE, REAL-TIME
REPORTING  SYSTEM  ESTABLISHED  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
SECTION.
  (E)  THE  TERM "EMERGENCY MEDICAL SERVICE" SHALL HAVE THE SAME MEANING
AS IN SUBDIVISION ONE OF SECTION THREE THOUSAND ONE OF THIS CHAPTER.
  3. REPORTING BY PRACTITIONERS. EXCEPT AS OTHERWISE PROVIDED IN  SUBDI-
VISIONS  SEVEN  AND EIGHT OF THIS SECTION, EVERY PRACTITIONER WITHIN THE
STATE SHALL, USING THE REPORTING SYSTEM, REPORT TO THE COMMISSIONER  THE
FOLLOWING  INFORMATION  UPON  ISSUING A PRESCRIPTION FOR A COVERED DRUG:
PRACTITIONER PRESCRIPTION NUMBER; PRACTITIONER  NATIONAL  IDENTIFICATION
NUMBER;  PATIENT  NAME;  PATIENT ADDRESS, INCLUDING STREET, CITY, STATE,
AND ZIP CODE; PATIENT DATE OF BIRTH; PATIENT'S  SEX;  DATE  PRESCRIPTION
ISSUED;  METRIC  QUANTITY;  NUMBER  OF  DAYS  SUPPLY;  PRACTITIONER DRUG
ENFORCEMENT ADMINISTRATION NUMBER;  DATE  PRESCRIPTION  WRITTEN;  SERIAL
NUMBER OF OFFICIAL PRESCRIPTION FORM, OR AN IDENTIFIER DESIGNATED BY THE
DEPARTMENT; PAYMENT METHOD; AND THE NUMBER OF REFILLS AUTHORIZED.
  4.  REPORTING BY PHARMACISTS AND OTHER DISPENSERS. EXCEPT AS OTHERWISE
PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION, EVERY  PHARMACIST  WITHIN
THE  STATE  AND  EVERY  OTHER DISPENSER, INCLUDING BUT NOT LIMITED TO AN
ONLINE DISPENSER, REQUIRED TO BE REGISTERED  WITH  THE  COMMISSIONER  OF
EDUCATION, SHALL, USING THE REPORTING SYSTEM, REPORT TO THE COMMISSIONER
THE  FOLLOWING  INFORMATION  WHEN  DISPENSING  A  COVERED DRUG: PHARMACY
PRESCRIPTION NUMBER; PHARMACY'S NATIONAL IDENTIFICATION NUMBER;  PATIENT
NAME;  PATIENT  ADDRESS,  INCLUDING  STREET,  CITY,  STATE AND ZIP CODE;
PATIENT DATE OF BIRTH; PATIENT'S SEX; DATE PRESCRIPTION  FILLED;  METRIC
QUANTITY;  NATIONAL DRUG CODE NUMBER OF THE DRUG; NUMBER OF DAYS SUPPLY;
PRACTITIONER DRUG ENFORCEMENT ADMINISTRATION NUMBER;  DATE  PRESCRIPTION
WRITTEN;  SERIAL  NUMBER OF OFFICIAL PRESCRIPTION FORM, OR AN IDENTIFIER
DESIGNATED BY  THE  COMMISSIONER;  PAYMENT  METHOD;  NUMBER  OF  REFILLS
AUTHORIZED; AND REFILL NUMBER.
  5.  DUTY  TO CONSULT REPORTING SYSTEM; PRACTITIONERS. EXCEPT AS OTHER-
WISE PROVIDED IN SUBDIVISION SEVEN  OF  THIS  SECTION,  NO  PRACTITIONER
SHALL  PRESCRIBE  ANY COVERED DRUG WITHOUT FIRST REVIEWING THE PATIENT'S

S. 5720--A                          3

CONTROLLED SUBSTANCE PRESCRIPTION HISTORY AS SET FORTH ON THE  REPORTING
SYSTEM.
  6. DUTY TO CONSULT REPORTING SYSTEM; PHARMACISTS AND OTHER DISPENSERS.
EXCEPT  AS  OTHERWISE  PROVIDED  IN SUBDIVISIONS SEVEN AND EIGHT OF THIS
SECTION, NO PHARMACIST WITHIN THE STATE OR  OTHER  DISPENSER,  INCLUDING
BUT  NOT  LIMITED TO AN ONLINE DISPENSER, REQUIRED TO BE REGISTERED WITH
THE COMMISSIONER OF EDUCATION, SHALL DISPENSE  A  COVERED  DRUG  WITHOUT
FIRST  CONSULTING  THE  REPORTING  SYSTEM  TO CONFIRM THE EXISTENCE OF A
VALID PRESCRIPTION FOR SUCH COVERED DRUG BASED ON INFORMATION ENTERED BY
A PRACTITIONER OR HIS OR HER AGENT IN ACCORDANCE WITH SUBDIVISION  THREE
OF THIS SECTION.
  7. EXCEPTIONS. (A) THE REPORTING AND CONSULTING REQUIREMENTS OF SUBDI-
VISIONS THREE, FIVE AND SIX OF THIS SECTION SHALL NOT APPLY:  (I) WHEN A
COVERED DRUG IS ADMINISTERED DIRECTLY TO A PATIENT OR DISPENSED PURSUANT
TO  SECTION THIRTY-THREE HUNDRED THIRTY-FOUR, THIRTY-THREE HUNDRED THIR-
TY-SEVEN OR THIRTY-THREE HUNDRED FORTY-TWO OF THIS TITLE OR ANY RULE  OR
REGULATION  PROMULGATED UNDER SUCH SECTIONS; OR (II) WHEN A PRESCRIPTION
FOR A COVERED DRUG IS ISSUED TO A PATIENT BY  A  PRACTITIONER  PROVIDING
EMERGENCY MEDICAL SERVICE TO SUCH PATIENT, PROVIDED THAT THE QUANTITY OF
COVERED  DRUG  SO  PRESCRIBED  DOES NOT EXCEED A FIVE-DAY SUPPLY IF SUCH
COVERED DRUG WERE USED IN ACCORDANCE WITH THE DIRECTIONS FOR USE.
  (B) THE REPORTING AND CONSULTING REQUIREMENTS  OF  SUBDIVISIONS  THREE
AND  SIX  OF  THIS  SECTION  SHALL  NOT  APPLY  WHEN  A  COVERED DRUG IS
PRESCRIBED OR DISPENSED BY MEANS OF AN ELECTRONIC PRESCRIPTION.
  8. USE OF AGENTS. IN LIEU OF PERSONALLY REPORTING INFORMATION  TO  THE
COMMISSIONER  USING  THE  REPORTING  SYSTEM  AS REQUIRED BY SUBDIVISIONS
THREE AND FOUR OF THIS SECTION, OR PERSONALLY CONSULTING SUCH SYSTEM  AS
REQUIRED BY SUBDIVISION SIX OF THIS SECTION: (A) A PRACTITIONER, PHARMA-
CIST  OR  OTHER  DISPENSER, AS APPLICABLE, MAY INSTEAD DIRECT HIS OR HER
AGENT TO SO REPORT SUCH INFORMATION; PROVIDED HOWEVER, THAT SUCH PRACTI-
TIONER, PHARMACIST OR OTHER DISPENSER SHALL  REMAIN  SOLELY  RESPONSIBLE
FOR ENSURING THAT SUCH INFORMATION IS PROPERLY REPORTED TO THE REPORTING
SYSTEM BY SUCH AGENT; AND (B) A PHARMACIST OR OTHER DISPENSER, AS APPLI-
CABLE,  MAY INSTEAD DIRECT HIS OR HER AGENT TO SO CONSULT SUCH REPORTING
SYSTEM; PROVIDED  HOWEVER, THAT SUCH PHARMACIST OR OTHER DISPENSER SHALL
REMAIN SOLELY RESPONSIBLE FOR ENSURING THAT SUCH AGENT PROPERLY CONSULTS
SUCH SYSTEM.
  9. LIMITATIONS ON USE; CONFIDENTIALITY OF INFORMATION.  (A) EXCEPT  AS
PROVIDED  BY THIS SUBDIVISION OR OTHERWISE SPECIFICALLY SO AUTHORIZED BY
LAW, THE COMMISSIONER MAY NOT DISCLOSE  INFORMATION  COLLECTED  FOR  THE
REPORTING  SYSTEM. IN ADDITION TO DISCLOSING SUCH INFORMATION TO PRACTI-
TIONERS, PHARMACISTS AND OTHER DISPENSERS OR THEIR DESIGNATED AGENTS  IN
ACCORDANCE  WITH  SUBDIVISIONS FIVE AND SIX OF THIS SECTION, THE COMMIS-
SIONER SHALL BE AUTHORIZED TO DISCLOSE SUCH INFORMATION WITHOUT NECESSI-
TY OF SUBPOENA, TO: (I) THE DIRECTORS OF THE OFFICE OF  THE  PROFESSIONS
OF  THE  DEPARTMENT  OF EDUCATION AND THE OFFICE OF PROFESSIONAL MEDICAL
CONDUCT OF THE DEPARTMENT OF HEALTH OR THEIR DESIGNEES WHO ARE RESPONSI-
BLE FOR THE LICENSURE, REGULATION, OR  DISCIPLINE  OF  PRACTITIONERS  OR
PHARMACISTS; (II) THE DEPUTY ATTORNEY GENERAL FOR MEDICAID FRAUD CONTROL
OR  HIS  OR HER DESIGNEE; (III) THE MEDICAID INSPECTOR GENERAL OR HIS OR
HER DESIGNEE; (IV) THE COMMISSIONER OF THE NEW YORK CITY  DEPARTMENT  OF
HEALTH  AND MENTAL HYGIENE OR HIS OR HER DESIGNEE; (V) A PRACTITIONER OR
PHARMACIST, OR HIS OR HER DESIGNATED AGENT, WHO REQUESTS INFORMATION AND
CERTIFIES THAT THE REQUESTED INFORMATION IS FOR THE PURPOSE OF PROVIDING
MEDICAL OR PHARMACEUTICAL TREATMENT TO A  CURRENT  PATIENT  WHO  IS  THE
SUBJECT  OF  SUCH  INFORMATION; OR (VI) A PRACTITIONER OR PHARMACIST WHO

S. 5720--A                          4

REQUESTS INFORMATION,  IS  THE  SUBJECT  OF  A  DISCIPLINARY  ACTION  OR
PROCEEDING  COMMENCED BY THE OFFICE OF THE PROFESSIONS OF THE DEPARTMENT
OF EDUCATION OR THE  OFFICE  OF  PROFESSIONAL  MEDICAL  CONDUCT  OF  THE
DEPARTMENT  OF  HEALTH, AS APPLICABLE, AND CERTIFIES THAT SUCH REQUESTED
INFORMATION IS NEEDED TO ASSIST HIM OR HER IN THE DEFENSE OF ONE OR MORE
CHARGES IN SUCH ACTION OR PROCEEDING.
  (B) (I) ANY PERSON OR ENTITY TO WHOM THE COMMISSIONER DISCLOSES INFOR-
MATION PURSUANT TO SUBPARAGRAPH (I), (II), (III), (IV), (V) OR  (VI)  OF
PARAGRAPH  (A) OF THIS SUBDIVISION SHALL NOT PROVIDE SUCH INFORMATION TO
ANY OTHER PERSON OR ENTITY EXCEPT BY COURT ORDER, WHICH SHALL BE GRANTED
ONLY UPON APPLICATION BY SUCH PERSON AND ONLY UPON A SHOWING  THAT  SUCH
AN  ORDER IS NECESSARY FOR SUCH PERSON TO CARRY OUT HIS OR HER DUTIES AS
A PUBLIC OFFICER OR AS A PRACTITIONER OR PHARMACIST; PROVIDED  THAT  THE
COMMISSIONER  OF THE DEPARTMENT OF EDUCATION, THE OFFICE OF PROFESSIONAL
MEDICAL CONDUCT, OR ANY PARTY MAY SUBMIT SUCH INFORMATION AS EVIDENCE IN
ANY ADMINISTRATIVE HEARING OR RELATED JUDICIAL PROCEEDING AS  AUTHORIZED
BY  LAW.   (II) NO PRACTITIONER, PHARMACIST OR OTHER DISPENSER OR HIS OR
HER DESIGNATED AGENT WHO OBTAINS INFORMATION FROM THE  REPORTING  SYSTEM
PURSUANT  TO  SUBDIVISION  FIVE,  SIX  OR  EIGHT  OF  THIS SECTION SHALL
DISCLOSE OR BE REQUIRED TO  DISCLOSE  ANY  SUCH  INFORMATION  UNLESS  SO
REQUIRED BY A PROVISION OF LAW SPECIFICALLY RELATING TO THE TREATMENT OF
A  PATIENT  OR  RELATING  TO  THE  MANDATORY REPORTING OF A COVERED DRUG
PURSUANT TO THIS SECTION. DISCLOSURE BY A  PRACTITIONER,  PHARMACIST  OR
OTHER  DISPENSER  OR  HIS OR HER DESIGNATED AGENT TO ANY OTHER PERSON OR
ENTITY, INCLUDING DISCLOSURE IN THE CONTEXT OF A CIVIL ACTION WHERE  THE
DISCLOSURE  IS  SOUGHT  EITHER  FOR  THE  PURPOSE  OF  DISCOVERY  OR FOR
EVIDENCE, IS PROHIBITED.
  (C) THE COMMISSIONER SHALL PROVIDE SUCH INFORMATION UPON RECEIPT OF  A
JUDICIAL  SUBPOENA ISSUED ON BEHALF OF A DEFENDANT IN A PENDING CRIMINAL
ACTION OR PROCEEDING, A POLICE OFFICER, DISTRICT ATTORNEY,  GRAND  JURY,
OR ANY FEDERAL OR STATE LAW ENFORCEMENT AGENCY.
  (D)  THE  COMMISSIONER MAY USE SUCH INFORMATION FOR ANY LAWFUL PURPOSE
IN ACCORDANCE WITH HIS OR HER POWERS AND DUTIES PURSUANT TO  THIS  CHAP-
TER.
  (E)  NOTHING  IN  THIS  SUBDIVISION  SHALL  BE  INTERPRETED TO ALLOW A
DISCLOSURE OF INFORMATION OTHERWISE PROHIBITED BY FEDERAL LAW.
  10. IMMUNITY. NO PUBLIC OFFICER NOR THE STATE  OF  NEW  YORK  NOR  ANY
DEPARTMENT,  BUREAU,  BOARD  OR  POLITICAL  SUBDIVISION  THEREOF  ACTING
REASONABLY AND IN GOOD FAITH IN THE DISCHARGE OF  HIS  OR  HER  OFFICIAL
DUTIES  SHALL  BE  SUBJECT TO CIVIL LIABILITY ARISING FROM ANY RESULTING
FALSE, INCOMPLETE OR INACCURATE INFORMATION SUBMITTED TO OR REPORTED  BY
THE  REPORTING  SYSTEM;  OR  FOR  ANY RESULTING FAILURE OF THE SYSTEM TO
ACCURATELY OR TIMELY REPORT  SUCH  INFORMATION;  OR  FOR  THE  RESULTING
DISCLOSURE OF ANY INFORMATION MAINTAINED BY THE SYSTEM.
  11.  VIOLATIONS,  PENALTIES.    (A)  (I) A PRACTITIONER, PHARMACIST OR
OTHER DISPENSER WHO  KNOWINGLY  FAILS  TO  COMPLY  WITH  THE  REPORTING,
CONSULTATION  OR REVIEW REQUIREMENTS OF SUBDIVISION THREE, FOUR, FIVE OR
SIX OF THIS SECTION, AS APPLICABLE, OR, HAVING DIRECTED HIS OR HER AGENT
TO SO COMPLY IN ACCORDANCE WITH SUBDIVISION EIGHT OF THIS SECTION, KNOW-
INGLY FAILS TO TAKE REASONABLE MEASURES TO ENSURE THAT  SUCH  AGENT  HAS
PROPERLY  COMPLIED WITH SUCH REQUIREMENTS, SHALL, FOR EACH SUCH FAILURE,
BE LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL  PENALTY  OF  NOT  LESS
THAN  ONE HUNDRED FIFTY NOR MORE THAN FIVE HUNDRED DOLLARS. (II) A PRAC-
TITIONER, PHARMACIST OR OTHER DISPENSER WHO VIOLATES SUBPARAGRAPH (I) OF
THIS PARAGRAPH, AFTER HAVING BEEN PREVIOUSLY PENALIZED UNDER THIS  PARA-
GRAPH  WITHIN  THE PRECEDING THREE YEARS, SHALL FOR EACH SUCH SUBSEQUENT

S. 5720--A                          5

VIOLATION BE LIABLE TO THE PEOPLE OF THE STATE FOR A  CIVIL  PENALTY  OF
NOT LESS THAN THREE HUNDRED NOR MORE THAN ONE THOUSAND DOLLARS.  (III) A
PRACTITIONER,  PHARMACIST  OR  OTHER DISPENSER WHO VIOLATES SUBPARAGRAPH
(I)  OF THIS PARAGRAPH AFTER HAVING BEEN PREVIOUSLY PENALIZED UNDER THIS
PARAGRAPH TWO OR MORE TIMES WITHIN THE PRECEDING THREE YEARS, SHALL, FOR
EACH SUCH SUBSEQUENT VIOLATION, BE LIABLE TO THE PEOPLE OF THE STATE FOR
A CIVIL PENALTY OF NOT LESS THAN ONE THOUSAND NOR MORE THAN  FIVE  THOU-
SAND DOLLARS.
  (B) (I) ANY PERSON WHO KNOWINGLY DISCLOSES INFORMATION IN VIOLATION OF
SUBDIVISION  NINE  OF  THIS  SECTION SHALL, FOR EACH SUCH DISCLOSURE, BE
LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY OF NOT  LESS  THAN
ONE  HUNDRED  FIFTY  NOR MORE THAN FIVE HUNDRED DOLLARS. (II) ANY PERSON
WHO KNOWINGLY DISCLOSES INFORMATION IN VIOLATION OF SUBDIVISION NINE  OF
THIS SECTION AFTER HAVING BEEN PREVIOUSLY PENALIZED UNDER THIS PARAGRAPH
FOR  ANY  SUCH  DISCLOSURE  WITHIN THE PRECEDING THREE YEARS, SHALL, FOR
EACH SUCH SUBSEQUENT DISCLOSURE, BE LIABLE TO THE PEOPLE  OF  THE  STATE
FOR  A  CIVIL  PENALTY  OF NOT LESS THAN THREE HUNDRED NOR MORE THAN ONE
THOUSAND DOLLARS. (III) ANY PERSON WHO KNOWINGLY  DISCLOSES  INFORMATION
IN  VIOLATION  OF  SUBDIVISION  NINE  OF  THIS SECTION AFTER HAVING BEEN
PREVIOUSLY PENALIZED UNDER THIS PARAGRAPH FOR ANY SUCH DISCLOSURE TWO OR
MORE TIMES WITHIN THE PRECEDING THREE YEARS, SHALL, FOR EACH SUCH SUBSE-
QUENT DISCLOSURE, BE LIABLE TO THE PEOPLE  OF  THE  STATE  FOR  A  CIVIL
PENALTY  OF  NOT  LESS  THAN  ONE  THOUSAND  NOR MORE THAN FIVE THOUSAND
DOLLARS.
  (C) ANY PERSON WHO, EXCEPT AS EXPRESSLY AUTHORIZED BY THIS SECTION  OR
BY  OTHER APPLICABLE STATE OR FEDERAL LAW, RULE OR REGULATION, KNOWINGLY
AND INTENTIONALLY ACCESSES THE REPORTING SYSTEM ESTABLISHED PURSUANT  TO
SUBDIVISION  ONE  OF THIS SECTION SHALL BE GUILTY OF A CLASS A MISDEMEA-
NOR.
  12. EDUCATION AND OUTREACH. THE COMMISSIONER SHALL WORK WITH THE STATE
EDUCATION DEPARTMENT AND THE OFFICE OF ALCOHOLISM  AND  SUBSTANCE  ABUSE
SERVICES  TO  DEVELOP  CONTINUING  EDUCATION PROGRAMS FOR PRACTITIONERS,
PHARMACISTS AND OTHER PERSONS WHO ARE AUTHORIZED TO PRESCRIBE,  ADMINIS-
TER,  DISPENSE  OR  PROVIDE  TREATMENT  FOR  ADDICTION  TO  OR  ABUSE OF
CONTROLLED SUBSTANCES, REGARDING (A) THE LAWFUL USES  OF  THE  REPORTING
SYSTEM;  AND  (B)  BEST  PRACTICES  FOR THE PRESCRIBING, IDENTIFICATION,
TREATMENT AND REFERRAL OF PATIENTS ADDICTED  TO  OR  ABUSING  SUBSTANCES
MONITORED  BY  SUCH  REPORTING  SYSTEM,  INCLUDING,  BUT NOT LIMITED TO,
SCREENING, BRIEF INTERVENTION AND REFERRAL TO TREATMENT CERTIFICATION.
  13. RULES AND REGULATIONS. THE COMMISSIONER SHALL, CONSISTENT WITH THE
PROVISIONS OF THIS SECTION AND SECTIONS THIRTY-THREE HUNDRED  EIGHT  AND
THIRTY-THREE HUNDRED FORTY-THREE-B OF THIS ARTICLE, PROMULGATE RULES AND
REGULATIONS  NECESSARY  TO  EFFECTUATE  THE  PROVISIONS OF THIS SECTION;
PROVIDED HOWEVER, THE COMMISSIONER SHALL  NOT  PROMULGATE  ANY  RULE  OR
REGULATION  THAT REQUIRES ANY PRACTITIONER OR PHARMACIST TO PAY A FEE OR
TAX SPECIFICALLY DEDICATED TO THE OPERATION OF THE SYSTEM.
  S 3. The public health law is amended by adding a new  section  3343-b
to read as follows:
  S  3343-B.  ADVISORY BOARD. 1. THERE IS HEREBY ESTABLISHED AN ADVISORY
BOARD TO ASSIST THE COMMISSIONER IN CARRYING OUT THE DUTIES  OF  SECTION
THIRTY-THREE  HUNDRED  FORTY-THREE-A  OF  THIS TITLE. THE ADVISORY BOARD
SHALL CONSIST OF FIFTEEN MEMBERS, TO BE APPOINTED AS FOLLOWS:
  (A) EIGHT MEMBERS BY THE COMMISSIONER, ONE  OF  WHICH  SHALL  BE  FROM
AMONG  NOMINATIONS  SUBMITTED BY THE MEDICAL SOCIETY OF THE STATE OF NEW
YORK, ONE OF WHICH SHALL BE FROM AMONG NOMINATIONS SUBMITTED BY THE  NEW
YORK  ACADEMY  OF MEDICINE, ONE OF WHICH SHALL BE FROM AMONG NOMINATIONS

S. 5720--A                          6

SUBMITTED BY THE NEW YORK SOCIETY OF ADDICTION MEDICINE,  ONE  OF  WHICH
SHALL  BE  FROM AMONG NOMINATIONS SUBMITTED BY THE PHARMACIST SOCIETY OF
THE STATE OF NEW YORK, AND ONE OF WHICH SHALL BE FROM AMONG  NOMINATIONS
SUBMITTED BY THE CHAIN PHARMACY ASSOCIATION OF THE STATE OF NEW YORK;
  (B) ONE MEMBER BY THE STATE BOARD OF MEDICINE;
  (C) ONE MEMBER BY THE STATE BOARD OF PHARMACY;
  (D)  ONE  MEMBER  BY  THE COMMISSIONER OF THE OFFICE OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES;
  (E) ONE MEMBER BY THE STATE BOARD OF NURSING;
  (F) ONE MEMBER BY THE ATTORNEY GENERAL;
  (G) ONE MEMBER BY THE SPEAKER OF THE ASSEMBLY; AND
  (H) ONE MEMBER BY THE TEMPORARY PRESIDENT OF THE SENATE.
  2. THE COMMISSIONER SHALL SEEK AND THE BOARD SHALL PROVIDE  INPUT  AND
ADVICE  REGARDING  THE DEVELOPMENT AND OPERATION OF THE REPORTING SYSTEM
ESTABLISHED PURSUANT TO SUBDIVISION ONE OF SECTION THIRTY-THREE  HUNDRED
FORTY-THREE-A OF THIS TITLE, INCLUDING BUT NOT LIMITED TO:
  (A) WHICH COVERED DRUGS, AS SUCH TERM IS DEFINED IN SUBDIVISION TWO OF
SECTION  THIRTY-THREE  HUNDRED  FORTY-THREE-A  OF  THIS TITLE, SHOULD BE
REPORTED AND MONITORED;
  (B) THE DESIGN AND IMPLEMENTATION  OF  CONTINUING  EDUCATION  PROGRAMS
ESTABLISHED  PURSUANT  TO  SUBDIVISION  TWELVE  OF  SECTION THIRTY-THREE
HUNDRED FORTY-THREE-A OF THIS TITLE;
  (C) PROCEDURES FOR PRACTITIONERS, PHARMACISTS AND OTHER DISPENSERS  TO
FOLLOW IN THE EVENT OF A TECHNOLOGICAL FAILURE; AND
  (D)  PROCEDURES  AND SAFEGUARDS TO FACILITATE THE PROPER OPERATION AND
USE OF THE REPORTING SYSTEM, ENSURE THE ACCURACY  OF  INFORMATION  MAIN-
TAINED THEREON, AND PREVENT UNAUTHORIZED ACCESS TO OR DISCLOSURE OF SUCH
INFORMATION.
  3.  ALL  MEMBERS  OF  THE  BOARD SHALL BE APPOINTED FOR TERMS OF THREE
YEARS. ANY MEMBER CHOSEN TO FILL A VACANCY  CREATED  OTHERWISE  THAN  BY
EXPIRATION  OF  TERM  SHALL  BE  APPOINTED FOR THE UNEXPIRED TERM OF THE
MEMBER WHOM HE OR SHE IS TO SUCCEED. VACANCIES CAUSED BY EXPIRATION OF A
TERM OR OTHERWISE SHALL BE FILLED PROMPTLY AND IN  THE  SAME  MANNER  AS
ORIGINAL  APPOINTMENTS.  ANY  MEMBER  MAY  BE REAPPOINTED FOR ADDITIONAL
TERMS. A MEMBER OF THE BOARD SHALL CONTINUE IN SUCH  POSITION  UPON  THE
EXPIRATION  OF  HIS  OR  HER  TERM UNTIL SUCH TIME AS HE OR SHE IS REAP-
POINTED OR HIS OR HER SUCCESSOR IS APPOINTED, AS THE CASE MAY BE.
  4. THE MEMBERS OF THE BOARD SHALL RECEIVE  NO  COMPENSATION  FROM  THE
STATE  FOR  THEIR SERVICES AS MEMBERS, BUT SHALL BE ALLOWED THEIR ACTUAL
AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  5. NO MEMBER OF THE BOARD  SHALL  BE  DISQUALIFIED  FROM  HOLDING  ANY
PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE
OR  EMPLOYMENT,  BY  REASON  OF  HIS OR HER APPOINTMENT PURSUANT TO THIS
SECTION, NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL, SPECIAL OR
LOCAL LAW, ORDINANCE OR CITY CHARTER.
  S 4. This act shall take effect immediately; provided,  however,  that
subdivisions  3,  4,  5,  6, 7, 8, 9, 10 and 11 of section 3343-a of the
public health law, as added by section  two  of  this  act,  shall  take
effect one year after such date.

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Senate Bill S5720

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Archive: Last Bill Status - In Senate Committee Health Committee

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Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

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2011-S5720 - Details

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2011-S5720 - Sponsor Memo

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co-Sponsors

2011-S5720A (ACTIVE) - Details

2011-S5720A (ACTIVE) - Summary

2011-S5720A (ACTIVE) - Sponsor Memo

2011-S5720A (ACTIVE) - Bill Text download pdf

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