Assembly Bill A9335B

Signed By Governor
2015-2016 Legislative Session

Relates to electronic prescriptions

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Archive: Last Bill Status - 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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Bill Amendments

2015-A9335 - Details

See Senate Version of this Bill:
S6779
Law Section:
Public Health Law
Laws Affected:
Amd §281, Pub Health L; amd §6810, Ed L

2015-A9335 - 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-A9335 - Bill Text download pdf 

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

                                  9335

                          I N  A S S E M B L Y

                            February 19, 2016
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred 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

multi-Sponsors

2015-A9335A - Details

See Senate Version of this Bill:
S6779
Law Section:
Public Health Law
Laws Affected:
Amd §281, Pub Health L; amd §6810, Ed L

2015-A9335A - 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-A9335A - Bill Text download pdf 

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

                                 9335--A

                          I N  A S S E M B L Y

                            February 19, 2016
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
  Committee on Health -- reported and referred to the Committee on  Ways
  and  Means -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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

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

co-Sponsors

multi-Sponsors

2015-A9335B (ACTIVE) - Details

See Senate Version of this Bill:
S6779
Law Section:
Public Health Law
Laws Affected:
Amd §281, Pub Health L; amd §6810, Ed L

2015-A9335B (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-A9335B (ACTIVE) - Bill Text download pdf 

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

                                 9335--B

                          I N  A S S E M B L Y

                            February 19, 2016
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED,  FAHY,  SEAWRIGHT, SIMON, PAULIN,
  LIFTON, GALEF -- Multi-Sponsored by -- M. of A.  PALUMBO,  SCHIMEL  --
  read  once  and  referred  to  the Committee on Health -- reported and
  referred to the Committee  on  Codes  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- again reported from said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

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.
  S 2. Subdivisions 11, 12 and 13 of section 6810 of the education  law,
as  added by section 3 of part B of chapter 447 of the laws of 2012, are
amended to read as follows:

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

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