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
[ ] is old law to be omitted.
LBD14195-11-6
S. 6779--A 2
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
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 of controlled substances does not exceed a five day supply if
the controlled substance were 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; OR (F) ISSUED BY
A PRACTITIONER WHO HAS MADE A CERTIFICATION TO THE DEPARTMENT UNDER
SUBDIVISION SEVEN OF THIS SECTION.
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] MAINTAIN INFORMATION IN THE PRACTITIONER'S RECORDS REGARDING
THE ISSUANCE OF SUCH PRESCRIPTION.
5. In the case of a prescription for a controlled substance issued by
a practitioner under paragraph (d) [or], (e) OR (F) 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] MAINTAIN
INFORMATION IN THE PRACTITIONER'S RECORDS REGARDING THE ISSUANCE OF SUCH
PRESCRIPTION.
7. A PRACTITIONER SHALL NOT BE REQUIRED TO ISSUE PRESCRIPTIONS ELEC-
TRONICALLY AS OTHERWISE REQUIRED BY THIS SECTION IF HE OR SHE CERTIFIES
TO THE DEPARTMENT THAT HE OR SHE WILL NOT ISSUE MORE THAN TWENTY-FIVE
PRESCRIPTIONS OVER EACH SUCCESSIVE TWELVE MONTH PERIOD FOLLOWING THE
DATE OF THE CERTIFICATION. A PRACTITIONER MAY TERMINATE SUCH CERTIF-
ICATION AT ANY TIME IF THE PRACTITIONER INTENDS TO ISSUE MORE THAN TWEN-
TY-FIVE PRESCRIPTIONS OVER A TWELVE MONTH PERIOD FOLLOWING THE DATE OF
CERTIFICATION. IF THE CERTIFICATION IS TERMINATED, SUCH TERMINATION
SHALL NOT AFFECT THE VALIDITY OF THE PRESCRIPTIONS THAT LAWFULLY
PRECEDED THE TERMINATION, AND THE PRACTITIONER SHALL MAINTAIN FOR SUCH
PRESCRIPTIONS THAT PRECEDED THE TERMINATION THE INFORMATION REQUIRED BY
SUBDIVISION FIVE OF THIS SECTION. A PRACTITIONER MAY MAKE A CERTIF-
ICATION UNDER THIS SUBDIVISION REGARDLESS OF WHETHER HE OR SHE HAS
PREVIOUSLY RECEIVED A WAIVER UNDER PARAGRAPH (C) OF SUBDIVISION THREE OF
THIS SECTION.
S 2. Subdivisions 10, 11, 12 and 13 of section 6810 of the education
law, subdivision 10 as amended by chapter 13 of the laws of 2015, subdi-
visions 11, 12 and 13 as added by section 3 of part B of chapter 447 of
the laws of 2012, are amended and a new subdivision 15 is 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
S. 6779--A 3
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
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; OR (F)
ISSUED BY A PRACTITIONER WHO HAS MADE A CERTIFICATION TO THE DEPARTMENT
OF HEALTH UNDER SUBDIVISION FIFTEEN OF THIS SECTION.
11. In the case of a prescription issued by a practitioner under para-
graph (b) of subdivision ten of this section, the practitioner shall be
required to [file information about the issuance of such prescription
with the department of health as soon as practicable, as set forth in
regulation] MAINTAIN INFORMATION IN THE PRACTITIONER'S RECORDS REGARDING
THE ISSUANCE OF SUCH PRESCRIPTION.
12. In the case of a prescription issued by a practitioner under para-
graph (d) [or], (e) OR (F) of subdivision ten of this section, the prac-
titioner shall, upon issuing such prescription, [file information about
the issuance of such prescription with the department of health by elec-
tronic means, as set forth in regulation] MAINTAIN INFORMATION IN THE
PRACTITIONER'S RECORDS REGARDING THE ISSUANCE OF SUCH PRESCRIPTION.
13. The waiver process established in regulation pursuant to paragraph
(c) of subdivision ten of this section shall provide that a practitioner
prescribing under a waiver must notify the department OF HEALTH in writ-
ing promptly upon gaining the capability to use electronic prescribing,
and that a waiver shall terminate within a specified period of time
after the practitioner gains such capability.
15. A PRACTITIONER SHALL NOT BE REQUIRED TO ISSUE PRESCRIPTIONS ELEC-
TRONICALLY AS OTHERWISE REQUIRED BY THIS SECTION IF HE OR SHE CERTIFIES
TO THE DEPARTMENT OF HEALTH THAT HE OR SHE WILL NOT ISSUE MORE THAN
TWENTY-FIVE PRESCRIPTIONS OVER EACH SUCCESSIVE TWELVE MONTH PERIOD
FOLLOWING THE DATE OF THE CERTIFICATION. A PRACTITIONER MAY TERMINATE
SUCH CERTIFICATION AT ANY TIME IF THE PRACTITIONER INTENDS TO ISSUE MORE
THAN TWENTY-FIVE PRESCRIPTIONS OVER A TWELVE MONTH PERIOD FOLLOWING THE
DATE OF CERTIFICATION. IF THE CERTIFICATION IS TERMINATED, SUCH TERMI-
NATION SHALL NOT AFFECT THE VALIDITY OF THE PRESCRIPTIONS THAT LAWFULLY
PRECEDED THE TERMINATION, AND THE PRACTITIONER SHALL MAINTAIN FOR SUCH
PRESCRIPTIONS THAT PRECEDED THE TERMINATION THE INFORMATION REQUIRED BY
SUBDIVISION TWELVE OF THIS SECTION. A PRACTITIONER MAY MAKE A CERTIF-
ICATION UNDER THIS SUBDIVISION REGARDLESS OF WHETHER HE OR SHE HAS
PREVIOUSLY RECEIVED A WAIVER UNDER PARAGRAPH (C) OF SUBDIVISION TEN OF
THIS SECTION.
S 3. This act shall take effect immediately.
