NY State Senate Bill 2015-S604

Archive: Last Bill Status - In Senate Committee Health 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to health
Jan 07, 2015	referred to health

2015-S604 (ACTIVE) - Details

See Assembly Version of this Bill:: A1165
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §281, Pub Health L; amd §6810, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A8628
2013-2014: S2805, A2552

2015-S604 (ACTIVE) - Summary

Relates to requirements for electronic prescribing software under the medical assistance program; prohibits the use of advertising or messaging in such software; requires such software to include a means for prior authorization approval; prohibits use of certain information relating to a patient's benefits plan.

2015-S604 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S604

 TITLE OF BILL :  An act to amend the public health law and the
education law, in relation to electronic prescribing software

 PURPOSE :

This legislation will prohibit certain practices aimed at influencing
prescribers and pharmacies using electronic prescribing software.

 SUMMARY OF PROVISIONS :

Section 1 adds a new § 281(7) to the Public Health Law that:

(a) Restricts information transmitted through electronic prescribing
software to only information consistent with the product label and/or
information supported by scientific evidence that meets federal Food
and Drug Administration requirements for advertising pharmaceutical
products, as well as facts from a review article or editorial comment
in a major peer reviewed professional journal;

(b) Prohibits advertisements, the use of instant messaging, and pop up
ads to influence the prescriber;

(c) Prohibits the use of a patient's formulary, co payment, or benefit
plan to influence the prescriber;

(d) Requires electronic prescribing software to make available means
to request a prior authorization approval and to receive prior
authorization and step therapy criteria and approval electronically.

Section 2 adds a new § 6810(15) to the Education Law to cofidy the
aforementioned provisions in the Education Law.

Section 3 provides the effective date.

 JUSTIFICATION :

Technology has continued to evolve and provide medical professionals
with effective tools to administer first rate health care.
E-prescribing software is an excellent example of how physicians are
able to utilize this technology to improve patient care in a cost
effective manner. Notably, under I-STOP (Chapter 447 of 2012)
e-prescribing will become mandatory on December 31, 2014 , making this
legislation even more pertinent.

Some entities that sell electronic prescribing software are attempting
to influence physician prescribing via pop-up ads, instant messaging
and other electronic means. Patient information including formularies,
co-payment information and benefit information is also being used in
marketing campaigns to influence health care professionals.

This legislation will prohibit the use these tactics and allow
physicians to focus on the patient's relevant health information
rather than receive distracting marketing messages.

 LEGISLATIVE HISTORY :

S.2805 of 2014.

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
Immediate.

2015-S604 (ACTIVE) - Bill Text download pdf

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

                                   604

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

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 prescribing software

  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 7 to read as follows:
  7.   THE REGULATIONS PROMULGATED PURSUANT TO SUBDIVISION THREE OF THIS
SECTION SHALL PROVIDE THAT ALL ELECTRONIC PRESCRIBING SOFTWARE  USED  IN
THIS  STATE  INCLUDING, WITHOUT LIMITATION, ELECTRONIC PRESCRIBING SOFT-
WARE FOR WHICH PRESCRIBERS AND PHARMACIES RECEIVE PAYMENTS  PURSUANT  TO
SECTION THREE HUNDRED SIXTY-SEVEN-A OF THE SOCIAL SERVICES LAW SHALL:
  (A) TRANSMIT TO A PRESCRIBER ONLY ELECTRONIC COMMUNICATIONS CONSISTENT
WITH  THE  PRODUCT  LABEL  EXCEPT  WHERE SUCH COMMUNICATION RELATES TO A
REVIEW ARTICLE OR EDITORIAL COMMENT IN A  MAJOR  PEER  REVIEWED  PROFES-
SIONAL  JOURNAL,  SUPPORTED  BY  SCIENTIFIC  EVIDENCE AND THAT MEETS THE
FEDERAL FOOD AND DRUG ADMINISTRATION REQUIREMENTS FOR ADVERTISING  PHAR-
MACEUTICAL PRODUCTS;
  (B)  NOT  USE  ANY  MEANS OR PERMIT ANY OTHER PERSON TO USE ANY MEANS,
INCLUDING, BUT NOT LIMITED TO, ADVERTISING, INSTANT MESSAGING, AND  POP-
UP  ADS,  TO  INFLUENCE OR ATTEMPT TO INFLUENCE, THROUGH ECONOMIC INCEN-
TIVES OR OTHERWISE, THE PRESCRIBING DECISION OF  A  PRESCRIBING  PRACTI-
TIONER  AT  THE POINT OF CARE OR ANY SUCH MEANS TRIGGERED OR IN SPECIFIC
RESPONSE TO THE INPUT, SELECTION, OR ANY ACT OF  A  PRESCRIBING  PRACTI-
TIONER  OR  HIS  OR HER AGENT IN PRESCRIBING A CERTAIN PHARMACEUTICAL OR
DIRECTING A PATIENT TO A CERTAIN PHARMACY;
  (C) NOT SHOW INFORMATION REGARDING A PAYOR'S FORMULARY, CO-PAYMENT  OR
BENEFIT  PLAN  IN ANY WAY THAT PRECLUDES OR MAKES MORE DIFFICULT THE ACT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02865-01-5

S. 604                              2

OF A PRESCRIBING PRACTITIONER OR PATIENT SELECTING ANY PARTICULAR  PHAR-
MACY OR PHARMACEUTICAL; AND
  (D) MAKE AVAILABLE MEANS TO REQUEST A PRIOR AUTHORIZATION APPROVAL AND
RECEIVE PRIOR AUTHORIZATION AND STEP THERAPY CRITERIA AND APPROVAL ELEC-
TRONICALLY  ON  THE  DAY THE PRESCRIPTION IS ISSUED AS ESTABLISHED VIA A
STANDARDIZED FORMAT TO BE CREATED BY THE BOARD OF PHARMACY.
  S 2. Section 6810 of the education law is  amended  by  adding  a  new
subdivision 15 to read as follows:
  15.    THE REGULATIONS PROMULGATED PURSUANT TO SUBDIVISION TEN OF THIS
SECTION SHALL PROVIDE THAT ALL ELECTRONIC PRESCRIBING SOFTWARE  USED  IN
THIS  STATE  INCLUDING, WITHOUT LIMITATION, ELECTRONIC PRESCRIBING SOFT-
WARE FOR WHICH PRESCRIBERS AND PHARMACIES RECEIVE PAYMENTS  PURSUANT  TO
SECTION THREE HUNDRED SIXTY-SEVEN-A OF THE SOCIAL SERVICES LAW SHALL:
  (A) TRANSMIT TO A PRESCRIBER ONLY ELECTRONIC COMMUNICATIONS CONSISTENT
WITH  THE  PRODUCT  LABEL  EXCEPT  WHERE SUCH COMMUNICATION RELATES TO A
REVIEW ARTICLE OR EDITORIAL COMMENT IN A  MAJOR  PEER  REVIEWED  PROFES-
SIONAL  JOURNAL,  SUPPORTED  BY  SCIENTIFIC  EVIDENCE AND THAT MEETS THE
FEDERAL FOOD AND DRUG ADMINISTRATION REQUIREMENTS FOR ADVERTISING  PHAR-
MACEUTICAL PRODUCTS;
  (B)  NOT  USE  ANY  MEANS OR PERMIT ANY OTHER PERSON TO USE ANY MEANS,
INCLUDING, BUT NOT LIMITED TO, ADVERTISING, INSTANT MESSAGING, AND  POP-
UP  ADS,  TO  INFLUENCE OR ATTEMPT TO INFLUENCE, THROUGH ECONOMIC INCEN-
TIVES OR OTHERWISE, THE PRESCRIBING DECISION OF  A  PRESCRIBING  PRACTI-
TIONER  AT  THE POINT OF CARE OR ANY SUCH MEANS TRIGGERED OR IN SPECIFIC
RESPONSE TO THE INPUT, SELECTION, OR ANY ACT OF  A  PRESCRIBING  PRACTI-
TIONER  OR  HIS  OR HER AGENT IN PRESCRIBING A CERTAIN PHARMACEUTICAL OR
DIRECTING A PATIENT TO A CERTAIN PHARMACY;
  (C) NOT SHOW INFORMATION REGARDING A PAYOR'S FORMULARY, CO-PAYMENT  OR
BENEFIT  PLAN  IN ANY WAY THAT PRECLUDES OR MAKES MORE DIFFICULT THE ACT
OF A PRESCRIBING PRACTITIONER OR PATIENT SELECTING ANY PARTICULAR  PHAR-
MACY OR PHARMACEUTICAL; AND
  (D) MAKE AVAILABLE MEANS TO REQUEST A PRIOR AUTHORIZATION APPROVAL AND
RECEIVE PRIOR AUTHORIZATION AND STEP THERAPY CRITERIA AND APPROVAL ELEC-
TRONICALLY  ON  THE  DAY THE PRESCRIPTION IS ISSUED AS ESTABLISHED VIA A
STANDARDIZED FORMAT TO BE CREATED BY THE BOARD OF PHARMACY.
  S 3. This act shall take effect immediately.

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Senate Bill S604

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Archive: Last Bill Status - In Senate Committee Health Committee

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2015-S604 (ACTIVE) - Details

2015-S604 (ACTIVE) - Summary

2015-S604 (ACTIVE) - Sponsor Memo

2015-S604 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kemp Hannon

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

2015-S604 (ACTIVE) - Details

2015-S604 (ACTIVE) - Summary

2015-S604 (ACTIVE) - Sponsor Memo

2015-S604 (ACTIVE) - Bill Text download pdf

Comments