Assembly Bill A10449

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

                                  10449

                          I N  A S S E M B L Y

                              May 27, 2016
                               ___________

Introduced  by M. of A. SCHIMEL -- read once and referred to the Commit-
  tee on Health

AN ACT to amend the public health law and the education law, in relation
  to authorizing a pharmacy receiving an electronic prescription  for  a
  non-controlled  substance  to  transfer  such  prescription to another
  pharmacy

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

  Section  1.  Section 281 of the public health law is amended by adding
two new subdivisions 3-a and 8 to read as follows:
  3-A. A  PHARMACY  THAT  RECEIVES  AN  ELECTRONIC  PRESCRIPTION  FOR  A
NON-CONTROLLED  SUBSTANCE  MAY TRANSFER SUCH PRESCRIPTION TO AN ALTERNA-
TIVE PHARMACY AT THE REQUEST OF THE PATIENT IF  THE  PHARMACY  RECEIVING
THE INITIAL PRESCRIPTION IS UNABLE TO FILL SUCH INITIAL PRESCRIPTION.
  8.  A VIOLATION OF THIS SECTION SHALL NOT BE SUBJECT TO THE PROVISIONS
OF SECTION TWELVE-B OF THIS CHAPTER.
  S 2. Subdivision 10 of section 6810 of the education law,  as  amended
by  chapter  13 of the laws of 2015, is amended and two new subdivisions
10-a and 16 are added to read as follows:
  10. Notwithstanding any other provision of this section or  any  other
law  to  the  contrary,  effective three years subsequent to the date on
which regulations establishing standards  for  electronic  prescriptions
are  promulgated by the commissioner of health, in consultation with the
commissioner pursuant to subdivision three of section two hundred eight-
y-one of  the  public  health  law,  no  practitioner  shall  issue  any
prescription  in  this  state, unless such prescription is made by elec-
tronic prescription from the practitioner  to  a  pharmacy,  except  for
prescriptions:  (a)  issued by veterinarians; (b) issued or dispensed in
circumstances where electronic  prescribing  is  not  available  due  to
temporary  technological  or  electrical  failure, as set forth in regu-
lation; (c) issued by practitioners who have  received  a  waiver  or  a
renewal thereof for a specified period determined by the commissioner of
health,  not  to exceed one year, from the requirement to use electronic
prescribing, pursuant to a process  established  in  regulation  by  the

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

                                                           LBD15459-01-6

A. 10449                            2

commissioner  of  health,  in  consultation with the commissioner due to
economic hardship, technological limitations  that  are  not  reasonably
within  the  control  of  the practitioner, or other exceptional circum-
stance  demonstrated  by  the practitioner; (d) issued by a practitioner
under circumstances where, notwithstanding  the  practitioner's  present
ability  to make an electronic prescription as required by this subdivi-
sion, such practitioner reasonably determines that it would be impracti-
cal for the  patient  to  obtain  substances  prescribed  by  electronic
prescription  in  a timely manner, and such delay would adversely impact
the patient's medical condition, provided that if such  prescription  is
for a controlled substance, the quantity that does not exceed a five day
supply  if  the  controlled  substance  was  used in accordance with the
directions for use; or (e) issued by a practitioner to be dispensed by a
pharmacy located outside the state, as  set  forth  in  regulation.    A
VIOLATION  OF THIS SUBDIVISION SHALL NOT BE SUBJECT TO THE PROVISIONS OF
SECTION TWELVE-B OF THE PUBLIC HEALTH LAW.
  10-A. A PHARMACY  THAT  RECEIVES  AN  ELECTRONIC  PRESCRIPTION  FOR  A
NON-CONTROLLED  SUBSTANCE  MAY TRANSFER SUCH PRESCRIPTION TO AN ALTERNA-
TIVE PHARMACY AT THE REQUEST OF THE PATIENT IF  THE  PHARMACY  RECEIVING
THE INITIAL PRESCRIPTION IS UNABLE TO FILL SUCH INITIAL PRESCRIPTION.
  16.  A  PHARMACY SHALL NOT REQUEST A PRACTITIONER TO RENEW A PATIENT'S
PRESCRIPTION IN A MANNER THAT IS INCONSISTENT WITH THIS SECTION.
  S 3. This act shall take effect immediately.