senate Bill S1319

2013-2014 Legislative Session

Relates to requirements of prescriptions for drugs

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to higher education
Jan 09, 2013 referred to higher education

S1319 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §6810, Ed L; amd §3332, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3356
2009-2010: S1752

S1319 - Bill Texts

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Requires prescriptions to be typewritten, electronically printed or handwritten in ink or indelible pencil in a legible manner; requires that handwritten prescriptions shall only be written in print letters; prohibits the use of script letters in handwritten prescriptions.

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BILL NUMBER:S1319

TITLE OF BILL:
An act
to amend the
education law and the public health law, in relation to requiring
certain prescriptions to be typewritten

PURPOSE:
Requires that prescriptions shall be typewritten, electronically
printed or handwritten in ink or indelible pencil in a legible manner.

SUMMARY OF PROVISIONS:
Subdivision 8 of section 6810 of the education law, as added by
chapter 626 of the laws of 1985 is amended. The opening paragraph of
subdivision 2 of section 3332 of the public health law as amended by
chapter 178 of the laws of 2010 is amended.

JUSTIFICATION:
In this era of skyrocketing malpractice insurance premiums, avoiding
prescription error not only safeguards patient safety, but protects
the doctor as well.

Typewritten or carefully printed prescriptions will lead to a safer
environment in the interaction between physicians, pharmacists and
other health-care providers. This legislation does not require
advanced computer systems for prescription writing but only mandates
that prescriptions be typed or printed legibly. Typing out
prescriptions dramatically reduces errors.

To many patients and, unfortunately, pharmacists, handwriting often
looks like a secret code between the physician and the druggist.
Unfortunately, those scribbles are sometimes exactly what they appear
to be, sloppy handwriting and unintelligible.

A 2010 Cornell Medical College study highlights the dangers associated
with handwritten prescriptions. Five doctors followed the
prescriptions issued by a sample of providers in outpatient settings.
The researchers found 37 errors for every 100 paper prescriptions,
and 7 per 100 for those using e-prescribing software. Typewritten
prescriptions offer an alternative to e-prescribing software, while
accomplishing the same goal. The Institute of Medicine estimated a $2
billion cost associated with adverse drug events often caused by
illegible prescriptions.

In July 2006, a report from the National Academies of Science
Institute of Medicine, found that preventable medication mistakes
injure more than 1.5 million Americans annually. Many such errors
result from unclear abbreviations, dosage indications and illegible
writing on some of the 3.2 billion prescriptions written in the U.S.
every year. In addition, doctors'
sloppy handwriting kills more than 7,000 people annually {Cause of
Death: Sloppy Doctors," WWW.TIME.COM. January 15, 2007.

While the vast majority of prescriptions are written and interpreted
correctly, common sense dictates that typewritten prescriptions will


insure even more accurate readings. Pharmacists should be especially
appreciative of more easily read prescription forms. Typewritten
prescriptions only take about 2 minutes per order compared to 15
seconds for writing one, but the advantage far outweighs any extra
moments involved.

LEGISLATIVE HISTORY:

2009-2010: S.1752 - Advanced to Third Reading and was reported to
Codes Committee.
2011-2012: S.3356 - Referred to Higher Education

FISCAL IMPLICATIONS:
None to the state but litigation would be reduced, resulting in
unknown savings to our court system.

EFFECTIVE DATE:
This act shall take effect on the two hundred seventieth day after it
shall have become a law.

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

                                  1319

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

AN ACT to amend the education law and the public health law, in relation
  to requiring certain prescriptions to be typewritten

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

  Section  1.    Subdivision  8 of section 6810 of the education law, as
added by chapter 626 of the laws of 1985, is amended to read as follows:
  8. Every prescription (whether or  not  for  a  controlled  substance)
written  in this state by a person authorized to issue such prescription
and containing the prescriber's signature shall,  in  addition  to  such
signature[,]: (A) be imprinted or stamped legibly and conspicuously with
the  printed name of the prescriber who has signed the prescription. The
imprinted or stamped name of the signing prescriber shall appear  in  an
appropriate  location  on the prescription form and shall not be entered
in or upon any space or line reserved for  the  prescriber's  signature.
The imprinted or stamped name shall not be employed as a substitute for,
or   fulfill   any   legal  requirement  otherwise  mandating  that  the
prescription be signed by the prescriber; AND (B) SHALL BE  TYPEWRITTEN,
ELECTRONICALLY  PRINTED   OR HANDWRITTEN IN INK OR INDELIBLE PENCIL IN A
LEGIBLE MANNER. THIS PARAGRAPH SHALL NOT AFFECT MATTERS REQUIRED BY  LAW
TO BE HANDWRITTEN BY THE PRESCRIBER.
  S  2.  The  opening  paragraph of subdivision 2 of section 3332 of the
public health law, as amended by chapter 178 of the  laws  of  2010,  is
amended to read as follows:
  Such  prescription  shall  be  prepared  on an official New York state
prescription form, LEGIBLY written with ink, indelible pencil or,  apart
from  the practitioner's signature, typewriter or electronic printer, or
to the extent authorized  by  federal  requirements,  on  an  electronic
prescription  AND,  WHERE  HANDWRITTEN,  SHALL  ONLY BE WRITTEN IN PRINT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04279-01-3

S. 1319                             2

LETTERS. SUCH PRESCRIPTIONS SHALL NOT BE HANDWRITTEN IN SCRIPT  LETTERS.
The  original  official  New  York  state prescription or the electronic
prescription must contain the following:
  S  3.  This  act  shall  take effect on the two hundred seventieth day
after it shall have become a law.

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