The New York State Senate

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

                                  2486

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 23, 2015
                               ___________

Introduced  by  Sens.  HANNON,  VALESKY,  BOYLE,  CARLUCCI, DeFRANCISCO,
  FARLEY, GOLDEN, GRIFFO, LAVALLE,  MARTINS,  O'MARA,  RITCHIE,  SAVINO,
  SERINO  --  read  twice  and  ordered  printed, and when printed to be
  committed to the Committee 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-

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

S. 2486                             2

standing the  practitioner's  present  ability  to  make  an  electronic
prescription  as required by this subdivision, such practitioner reason-
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.