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

                                  9596

                          I N  A S S E M B L Y

                             March 20, 2012
                               ___________

Introduced  by  M.  of  A.  GRAF,  RAIA, McDONOUGH, McLAUGHLIN, CALHOUN,
  McKEVITT -- Multi-Sponsored by -- M. of A. CERETTO --  read  once  and
  referred to the Committee on Health

AN  ACT  to  amend  the public health law, in relation to establishing a
  prescription drug registry and requiring practitioners to  check  such
  registry

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

  Section 1.  Section 3308 of the public health law is amended by adding
a new subdivision 7 to read as follows:
  7. THE COMMISSIONER SHALL DEVELOP A REGISTRY AND SYSTEM OF  COMPLIANCE
IN  ACCORDANCE  WITH  SECTION  THIRTY-THREE HUNDRED TWENTY-THREE OF THIS
ARTICLE. SUCH REGISTRY SHALL, AT A MINIMUM:
  (A) BE UPDATED DAILY;
  (B) BE IN AN ELECTRONIC FORMAT TO BE DETERMINED BY THE COMMISSIONER;
  (C) REQUIRE PRACTITIONERS TO SUBMIT THE FOLLOWING INFORMATION PRIOR TO
PRESCRIBING CONTROLLED SUBSTANCES UNDER THIS ARTICLE:
  A. THE PATIENT'S DATE OF BIRTH;
  B. THE PATIENT'S ADDRESS;
  C. THE NAME OF THE PRESCRIBING PHYSICIAN;
  D. THE DATE SUCH PRESCRIPTION WAS ISSUED; AND
  E. THE NUMBER OF PILLS PRESCRIBED;
  (D) REQUIRE ALL  PRACTITIONERS,  INCLUDING  PHARMACISTS,  LICENSED  TO
DISTRIBUTE CONTROLLED SUBSTANCES UNDER THIS ARTICLE TO FULFILL REPORTING
REQUIREMENTS  OF SECTION THIRTY-THREE HUNDRED TWENTY-THREE OF THIS ARTI-
CLE;
  (E) ESTABLISH AN APPROPRIATE AND GRADUATED FINE SCALE FOR  PRACTITION-
ERS  FOUND  IN VIOLATION OF SECTION THIRTY-THREE HUNDRED TWENTY-THREE OF
THIS ARTICLE.
  S 2. Title 2 of article 33 of the public  health  law  is  amended  by
adding a new section 3323 to read as follows:
  S  3323.  PRACTITIONERS' DUTIES PRIOR TO PRESCRIBING OXYCODONE.  EVERY
PRACTITIONER LICENSED TO DISTRIBUTE  CONTROLLED  SUBSTANCES  UNDER  THIS
ARTICLE  SHALL,  PRIOR  TO  PRESCRIBING  OXYCODONE,  ENTER THE FOLLOWING

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

                                                           LBD14776-02-2

A. 9596                             2

INFORMATION INTO THE CENTRAL REGISTRY ESTABLISHED PURSUANT TO THIS ARTI-
CLE:
  1. THE PATIENT'S DATE OF BIRTH;
  2. THE PATIENT'S ADDRESS;
  3. THE NAME OF THE PRESCRIBING PHYSICIAN;
  4. THE DATE SUCH PRESCRIPTION WAS ISSUED; AND
  5. THE NUMBER OF PILLS PRESCRIBED.
  S  3.  This act shall take effect immediately; provided, however, that
section two of this act shall take effect on the one  hundred  twentieth
day after it shall have become a law.