NY State Senate Bill S6779B

Archive: Last Bill Status Via A9335 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (25)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 29, 2016	signed chap.350
Sep 20, 2016	delivered to governor
Jun 16, 2016	returned to assembly passed senate 3rd reading cal.286 substituted for s6779b
Jun 16, 2016	substituted by a9335b
May 23, 2016	amended on third reading 6779b
May 23, 2016	vote reconsidered - restored to third reading returned to senate recalled from assembly
Mar 28, 2016	referred to codes returned to assembly repassed senate
Mar 15, 2016	amended on third reading 6779a
Mar 15, 2016	vote reconsidered - restored to third reading returned to senate recalled from assembly
Mar 08, 2016	referred to codes delivered to assembly passed senate
Mar 07, 2016	advanced to third reading
Mar 02, 2016	2nd report cal.
Mar 01, 2016	1st report cal.286
Feb 22, 2016	referred to health

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

S6779 - Details

See Assembly Version of this Bill:: A9335
Law Section:: Public Health Law
Laws Affected:: Amd §281, Pub Health L; amd §6810, Ed L

S6779 - 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.

S6779 - Sponsor Memo

S6779 - Bill Text download pdf

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

                                  6779

                            I N  S E N A T E

                            February 22, 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 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.

                                                           LBD14195-05-6

S. 6779                             2

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 THEIR 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) 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
THEIR 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 REVOKE SUCH CERTIFICATION
AT ANY TIME IF THEY INTEND TO ISSUE MORE THAN TWENTY-FIVE  PRESCRIPTIONS
OVER A TWELVE MONTH PERIOD FOLLOWING THE DATE OF CERTIFICATION.  A PRAC-
TITIONER  MAY  MAKE A CERTIFICATION 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 and 12 of section 6810 of the education law,
subdivision 10 as amended by chapter 13 of the laws  of  2015,  subdivi-
sions  11  and  12 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
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

S. 6779                             3

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 AS  AN  ORAL  PRESCRIPTION  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 THEIR RECORDS REGARDING THE ISSUANCE
OF SUCH PRESCRIPTION.
  12. In the case of a prescription issued by a practitioner under para-
graph (d) or (e) of subdivision ten of this  section,  the  practitioner
shall, upon issuing such prescription, [file information about the issu-
ance  of  such  prescription with the department of health by electronic
means, as set forth in regulation] MAINTAIN INFORMATION IN THEIR RECORDS
REGARDING THE ISSUANCE OF SUCH PRESCRIPTION.
  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 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 REVOKE SUCH  CERTIFICATION
AT  ANY TIME IF THEY INTEND TO ISSUE MORE THAN TWENTY-FIVE PRESCRIPTIONS
OVER A TWELVE MONTH PERIOD FOLLOWING THE DATE OF CERTIFICATION.  A PRAC-
TITIONER MAY MAKE A CERTIFICATION 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.

Co-Sponsors

S6779A - Details

See Assembly Version of this Bill:: A9335
Law Section:: Public Health Law
Laws Affected:: Amd §281, Pub Health L; amd §6810, Ed L

S6779A - Summary

S6779A - Sponsor Memo

S6779A - Bill Text download pdf

                    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.

Co-Sponsors

S6779B (ACTIVE) - Details

See Assembly Version of this Bill:: A9335
Law Section:: Public Health Law
Laws Affected:: Amd §281, Pub Health L; amd §6810, Ed L

S6779B (ACTIVE) - Summary

S6779B (ACTIVE) - Sponsor Memo

S6779B (ACTIVE) - Bill Text download pdf

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

                                 6779--B
    Cal. No. 286

                            I N  S E N A T E

                            February 22, 2016
                               ___________

Introduced by Sens. HANNON, AVELLA, LARKIN, MURPHY, SERINO -- 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 -- repassed 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  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD14195-15-6

S. 6779--B                          2

  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:
  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]  INDICATE  IN  THE  PATIENT'S   HEALTH   RECORD   THAT   THE
PRESCRIPTION WAS ISSUED OTHER THAN ELECTRONICALLY DUE TO TEMPORARY TECH-
NOLOGICAL OR ELECTRICAL FAILURE.
  12. In the case of a prescription issued by a practitioner under para-
graph  (d)  or  (e) of subdivision ten of this section, the practitioner
shall, upon issuing such prescription, [file information about the issu-
ance of such prescription with the department of  health  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 ELECTRONIC 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.
  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.
  S 3. This act shall take effect immediately.

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The New York State Senate

senate Bill S6779B

Sponsored By

Archive: Last Bill Status Via A9335 - Signed by Governor

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Votes

Jun 16, 2016 - floor Vote

Floor Vote: Jun 16, 2016

Mar 28, 2016 - floor Vote

Floor Vote: Mar 28, 2016

Mar 8, 2016 - floor Vote

Floor Vote: Mar 8, 2016

Mar 1, 2016 - Health committee Vote

Committee Vote: Mar 1, 2016

Bill Amendments

Co-Sponsors

S6779 - Details

S6779 - Summary

S6779 - Sponsor Memo

S6779 - Bill Text download pdf

Co-Sponsors

S6779A - Details

S6779A - Summary

S6779A - Sponsor Memo

S6779A - Bill Text download pdf

Co-Sponsors

S6779B (ACTIVE) - Details

S6779B (ACTIVE) - Summary

S6779B (ACTIVE) - Sponsor Memo

S6779B (ACTIVE) - Bill Text download pdf

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senate Bill S6779B

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Archive: Last Bill Status Via A9335 - Signed by Governor

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Votes

Jun 16, 2016 - floor Vote

Floor Vote: Jun 16, 2016

Mar 28, 2016 - floor Vote

Floor Vote: Mar 28, 2016

Mar 8, 2016 - floor Vote

Floor Vote: Mar 8, 2016

Mar 1, 2016 - Health committee Vote

Committee Vote: Mar 1, 2016

Bill Amendments

Co-Sponsors

S6779 - Details

S6779 - Summary

S6779 - Sponsor Memo

S6779 - Bill Text download pdf

Co-Sponsors

S6779A - Details

S6779A - Summary

S6779A - Sponsor Memo

S6779A - Bill Text download pdf

Co-Sponsors

S6779B (ACTIVE) - Details

S6779B (ACTIVE) - Summary

S6779B (ACTIVE) - Sponsor Memo

S6779B (ACTIVE) - Bill Text download pdf

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