Assembly Bill A4274

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

                                  4274

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2015
                               ___________

Introduced by M. of A. McDONALD -- 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 electronic prescriptions

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

  Section 1. Subdivision 3 of section 281 of the public health  law,  as
added  by  section  2  of  part B of chapter 447 of the laws of 2012, is
amended to read as follows:
  3. On or  before  December  thirty-first,  two  thousand  twelve,  the
commissioner  shall  promulgate  regulations,  in  consultation with the
commissioner  of  education,  establishing  standards   for   electronic
prescriptions.  Notwithstanding  any  other provision of this section or
any other law to the contrary, effective [two] THREE years subsequent to
the date on which such regulations  are  promulgated,  no  person  shall
issue any prescription in this state unless such prescription is made by
electronic  prescription  from  the person issuing the prescription to a
pharmacy in  accordance  with  such  regulatory  standards,  except  for
prescriptions:  (a) issued by veterinarians; (b) issued in circumstances
where electronic prescribing is not available due to  temporary  techno-
logical or electrical failure, as set forth in regulation; (c) issued by
practitioners  who  have  received  a  waiver or a renewal thereof for a
specified period determined by the commissioner, not to exceed one year,
from the requirement to use electronic prescribing, pursuant to a  proc-
ess  established in regulation by the commissioner, in consultation with
the commissioner of education, due to economic  hardship,  technological
limitations  that  are  not reasonably within the control of the practi-
tioner, or other exceptional circumstance demonstrated  by  the  practi-
tioner; (d) issued by a practitioner under circumstances where, notwith-
standing  the  practitioner's  present  ability  to  make  an electronic
prescription as required by this subdivision, such practitioner  reason-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08462-01-5
              

A. 4274                             2

ably  determines  that it would be impractical 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 of controlled substances does not exceed a five day  supply  if
the controlled substance were 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.
  S 2. Subdivision 10 of section 6810 of the education law, as added  by
section  3  of  part B of chapter 447 of the laws of 2012, is amended to
read as follows:
  10. Notwithstanding any other provision of this section or  any  other
law  to the contrary, effective [two] 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
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.
  S 3. This act shall take effect immediately; provided that if this act
shall not have become a law on or before March 27, 2015, this act  shall
be  deemed  to have been in full force and effect on and after March 27,
2015.