S T A T E O F N E W Y O R K
________________________________________________________________________
11127
I N A S S E M B L Y
June 7, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gottfried,
Lupardo) -- read once and referred to the Committee on Health
AN ACT to amend the public health law and the education law, in relation
to exceptions to requirements for electronic prescriptions; and
providing for the repeal of such provisions upon the expiration there-
of
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (d) and (e) of subdivision 3 of section 281 of
the public health law, as amended by chapter 13 of the laws of 2015, are
amended and a new paragraph (f) is added to read as follows:
(d) issued by a practitioner under circumstances where, notwithstand-
ing 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
AS AN ORAL PRESCRIPTION UNDER PARAGRAPH (B) OF SUBDIVISION FOUR OF
SECTION SIXTY-EIGHT HUNDRED TEN OF THE EDUCATION LAW.
§ 2. Paragraphs (d) and (e) of subdivision 10 of section 6810 of the
education law, as amended by chapter 13 of the laws of 2015, are amended
and a new paragraph (f) is added to read as follows:
(d) issued by a practitioner under circumstances where, notwithstand-
ing 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16222-01-8
A. 11127 2
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 PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS SECTION.
§ 3. This act shall take effect November 1, 2018 and shall expire and
be deemed repealed on and after June 1, 2020.