NY State Senate Bill 2015-S7801

Senate Bill S7801

2015-2016 Legislative Session

Authorizes a pharmacy receiving an electronic prescription for a non-controlled substance to transfer such prescription to another pharmacy, upon request of the patient

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2016	referred to health delivered to assembly passed senate
Jun 01, 2016	advanced to third reading
May 25, 2016	2nd report cal.
May 24, 2016	1st report cal.1150
May 12, 2016	referred to health

Votes

- Jun 14, 2016 - Floor Vote
  S7801
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Diaz
      
      Parker
  May 24, 2016 - Health Committee Vote
  S7801
  
  16
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 24, 2016
      
      aye (16)
      
      Felder
      
      Golden
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Larkin
      
      Little
      
      Martins
      
      Montgomery
      
      Murphy
      
      Persaud
      
      Rivera
      
      Stavisky
      
      Valesky
      
      Young
      
      excused (1)
      
      Seward

co-Sponsors

2015-S7801 (ACTIVE) - Details

See Assembly Version of this Bill:: A10449
Current Committee:: Assembly Health
Law Section:: Public Health Law
Laws Affected:: Amd §281, Pub Health L; amd §6810, Ed L

2015-S7801 (ACTIVE) - Summary

Authorizes a pharmacy receiving an electronic prescription for a non-controlled substance to transfer such prescription to another pharmacy, upon request of the patient.

2015-S7801 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7801

 TITLE OF BILL :

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

 PURPOSE :

To provide for the transfer of electronic prescriptions, to exempt
electronic prescribing violations from Public Health Law § 12-b and to
prohibit pharmacies from requesting prescription renewal in a manner
inconsistent with current law.

 SUMMARY OF PROVISIONS :

Section one amends Public Health Law § 281 to provide that a pharmacy
that receives an electronic prescription for a non-controlled
substance may transfer such prescription to an alternative pharmacy at
the request of the patient. This section also provides that violations
of this section shall not be subject to the provisions of section 12-b
of this chapter.

Section two amends Education Law § 6810 to similarly provide that a

pharmacy may transfer an electronic prescription to an alternative
pharmacy at the request of the patient and to exempt violations of
this section from section 12-b of this chapter. This section also
provides that a pharmacy shall not request a practitioner to renew a
patient's prescription in a manner that is inconsistent with this
section.

Section three provides that this act shall take effect immediately.

 JUSTIFICATION :

With electronic prescribing taking effect on March 27, 2016, both
consumers, providers and pharmacies have raised concerns over whether
and how electronic prescriptions can be transferred from one pharmacy
to another. Should a pharmacy not have a particular drug, or should
the patient find a better price elsewhere, they should have the
ability to transfer their prescription to the pharmacy of their
choice. This bill would expressly provide such statutory authority.
This bill would also exempt e-prescribing violations from being
subject to Public Health Law § 12-b, under which violators may be
subject to fine and possibly imprisonment. This bill will also ensure
that pharmacy forms regarding prescription renewals conform to current
law in order to prevent any confusion as to how prescription refills
should be submitted.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2015-S7801 (ACTIVE) - Bill Text download pdf

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

                                  7801

                            I N  S E N A T E

                              May 12, 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 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

S. 7801                             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.

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Senate Bill S7801

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