Assembly Bill A9837

Vetoed By Governor
2015-2016 Legislative Session

Relates to transmission and hard copies of electronic prescriptions

download bill text pdf

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

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

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2015-A9837 (ACTIVE) - Details

See Senate Version of this Bill:
S7334
Law Section:
Public Health Law
Laws Affected:
Amd §281, Pub Health L; amd §6810, Ed L

2015-A9837 (ACTIVE) - Summary

Enacts provisions governing the transmission of electronic prescriptions and the production of hard copies of such prescriptions.

2015-A9837 (ACTIVE) - Bill Text download pdf 

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

                                  9837

                          I N  A S S E M B L Y

                             April 14, 2016
                               ___________

Introduced  by M. of A. GOTTFRIED, ABINANTI, BENEDETTO, BICHOTTE, BLAKE,
  CAHILL, COLTON, COOK, CRESPO, CYMBROWITZ, DINOWITZ, FAHY, GALEF, HOOP-
  ER, JAFFEE, MARKEY,  MAYER,  McDONOUGH,  PAULIN,  PEOPLES-STOKES,  RA,
  RAIA,  SEAWRIGHT,  SIMON, SOLAGES, STECK, THIELE, TITONE, ZEBROWSKI --
  Multi-Sponsored by -- M. of A.  BRENNAN,  BUCHWALD,  CERETTO,  CROUCH,
  ENGLEBRIGHT,  GLICK,  HYNDMAN,  MAGEE,  McKEVITT, NOLAN, SIMANOWITZ --
  read once and referred to the Committee on Health

AN ACT to amend the public health law and the education law, in relation
  to transmission and hard copies of electronic prescriptions

  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 a
new subdivision 8 to read as follows:
  8.  (A)  AS  USED  IN  THIS  SECTION,  "ELECTRONIC PRESCRIPTION" SHALL
INCLUDE A PRESCRIPTION THAT IS ELECTRONICALLY TRANSMITTED TO A SITE FROM
WHICH A PHARMACY CAN  DOWNLOAD  THE  PRESCRIPTION  FOR  THE  PURPOSE  OF
DISPENSING IT ACCORDING TO THE TERMS OF THE PRESCRIPTION.
  (B)  WHERE  A  PRACTITIONER  ISSUES AN ELECTRONIC PRESCRIPTION, AT THE
REQUEST OR WITH THE CONSENT OF THE PATIENT FOR WHOM  A  PRESCRIPTION  IS
ISSUED:
  (I) THE PRACTITIONER SHALL ELECTRONICALLY TRANSMIT THE PRESCRIPTION TO
A  SITE  FROM  WHICH A PHARMACY CAN DOWNLOAD THE PRESCRIPTION UNDER THIS
SUBPARAGRAPH. HOWEVER, THE PRACTITIONER SHALL NOT BE REQUIRED TO  COMPLY
WITH  THIS SUBPARAGRAPH IF THE PRACTITIONER INFORMS THE PATIENT THAT THE
PRACTITIONER IS NOT ABLE TO DO SO OR IF THE PATIENT INTENDS TO HAVE  THE
PRESCRIPTION  DISPENSED  BY A PHARMACY THAT THE PRACTITIONER IS INFORMED
IS NOT ABLE TO DO SO. A PHARMACY MAY DOWNLOAD THE PRESCRIPTION  FOR  THE
PURPOSE OF DISPENSING IT AT THE DIRECTION OF THE PATIENT OR OTHER PERSON
TO  WHOM  THE  PHARMACY  WOULD  BE  AUTHORIZED  TO  DELIVER  THE PRODUCT
PRESCRIBED.
  (II) THE PRACTITIONER SHALL, AT THE REQUEST OF THE PATIENT FOR WHOM  A
PRESCRIPTION  IS  ISSUED,  PROVIDE  THE  PATIENT WITH A HARD COPY OF THE
PRESCRIPTION, INCLUDING INFORMATION IDENTIFYING THE SITE OR PHARMACY  TO
WHICH THE PRESCRIPTION HAS BEEN SENT ELECTRONICALLY.

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

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