Senate Bill S6779B

Signed By Governor
2015-2016 Legislative Session

Relates to electronic prescriptions

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A9335 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Actions
Votes

Bill Amendments

co-Sponsors

2015-S6779 - Details

See Assembly Version of this Bill:
A9335
Law Section:
Public Health Law
Laws Affected:
Amd §281, Pub Health L; amd §6810, Ed L

2015-S6779 - Summary

Relates to electronic prescriptions; permits health care practitioners to make note in a patient's chart (rather than notifying the health department) when they issue a non-electronic prescription under certain conditions.

2015-S6779 - Sponsor Memo

2015-S6779 - Bill Text download pdf 

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

                                  6779

                            I N  S E N A T E

                            February 22, 2016
                               ___________

Introduced  by  Sen.  HANNON -- 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. Subdivisions 3, 4 and 5 of section 281 of the public health
law,  subdivision 3 as amended by chapter 13 of the laws of 2015, subdi-
visions 4 and 5 as added by section 2 of part B of chapter  447  of  the
laws  of  2012,  are amended and a new subdivision 7 is added 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 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 elec-
tronic prescription from the person issuing the prescription to a  phar-
macy   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-
ably determines that it would be impractical for the patient  to  obtain

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

co-Sponsors

2015-S6779A - Details

See Assembly Version of this Bill:
A9335
Law Section:
Public Health Law
Laws Affected:
Amd §281, Pub Health L; amd §6810, Ed L

2015-S6779A - Summary

Relates to electronic prescriptions; permits health care practitioners to make note in a patient's chart (rather than notifying the health department) when they issue a non-electronic prescription under certain conditions.

2015-S6779A - Sponsor Memo

2015-S6779A - Bill Text download pdf 

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

                                 6779--A
    Cal. No. 286

                            I N  S E N A T E

                            February 22, 2016
                               ___________

Introduced  by  Sens.  HANNON,  LARKIN, MURPHY -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Health
  -- reported favorably from said committee, ordered to first and second
  report,  ordered to a third reading, passed by Senate and delivered to
  the Assembly, recalled, vote reconsidered, restored to third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

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. Subdivisions 3, 4 and 5 of section 281 of the public health
law,  subdivision 3 as amended by chapter 13 of the laws of 2015, subdi-
visions 4 and 5 as added by section 2 of part B of chapter  447  of  the
laws  of  2012,  are amended and a new subdivision 7 is added 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 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 elec-
tronic prescription from the person issuing the prescription to a  phar-
macy   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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

2015-S6779B (ACTIVE) - Details

See Assembly Version of this Bill:
A9335
Law Section:
Public Health Law
Laws Affected:
Amd §281, Pub Health L; amd §6810, Ed L

2015-S6779B (ACTIVE) - Summary

Relates to electronic prescriptions; permits health care practitioners to make note in a patient's chart (rather than notifying the health department) when they issue a non-electronic prescription under certain conditions.

2015-S6779B (ACTIVE) - Sponsor Memo

2015-S6779B (ACTIVE) - Bill Text download pdf 

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

                                 6779--B
    Cal. No. 286

                            I N  S E N A T E

                            February 22, 2016
                               ___________

Introduced by Sens. HANNON, AVELLA, LARKIN, MURPHY, SERINO -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on  Health -- reported favorably from said committee, ordered to first
  and second report, ordered to a third reading, passed  by  Senate  and
  delivered  to  the  Assembly, recalled, vote reconsidered, restored to
  third reading, amended and ordered reprinted, retaining its  place  in
  the  order of third reading -- repassed by Senate and delivered to the
  Assembly, recalled, vote  reconsidered,  restored  to  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

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.  Subdivisions  4 and 5 of section 281 of the public health
law, as added by section 2 of part B of chapter 447 of the laws of 2012,
are amended to read as follows:
  4. In the case of a prescription for a controlled substance issued  by
a practitioner under paragraph (b) of subdivision three of this section,
the  practitioner  shall  [file  information  about the issuance of such
prescription with the department as soon as practicable, as set forth in
regulation]  INDICATE  IN  THE  PATIENT'S   HEALTH   RECORD   THAT   THE
PRESCRIPTION WAS ISSUED OTHER THAN ELECTRONICALLY DUE TO TEMPORARY TECH-
NOLOGICAL OR ELECTRICAL FAILURE.
  5.  In the case of a prescription for a controlled substance issued by
a practitioner under paragraph (d) or (e) of subdivision three  of  this
section,  the  practitioner shall, upon issuing such prescription, [file
information about the issuance of such prescription with the  department
by  electronic  means,  as  set  forth  in  regulation]  INDICATE IN THE
PATIENT'S HEALTH RECORD EITHER THAT THE PRESCRIPTION  WAS  ISSUED  OTHER
THAN ELECTRONICALLY BECAUSE IT (A) WAS IMPRACTICAL TO ISSUE AN ELECTRON-
IC  PRESCRIPTION  IN A TIMELY MANNER AND SUCH DELAY WOULD HAVE ADVERSELY
IMPACTED THE PATIENT'S MEDICAL CONDITION, OR (B) WAS TO BE DISPENSED  BY
A PHARMACY LOCATED OUTSIDE THE STATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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