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.