NY State Senate Bill 2017-S8342

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 02, 2018	referred to health

2017-S8342 (ACTIVE) - Details

See Assembly Version of this Bill:: A10392
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3333, Pub Health L; amd §6816, Ed L
Versions Introduced in 2019-2020 Legislative Session:: S1813, A3918

2017-S8342 (ACTIVE) - Summary

Relates to the dispensing of partially filled prescriptions.

2017-S8342 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8342

SPONSOR: HANNON
 
TITLE OF BILL:  An act to amend the public health law and the educa-
tion law, in relation to the dispensing of partially filled
prescriptions

 
PURPOSE:

To amend the Public Health Law and the Education Law, in relation to
dispensing partially filled prescriptions.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends section 3333 of the Public Health Law by
adding a new subdivision six that allows a prescription for a schedule
II, III or IV controlled substance to be partially filled at the request
of the prescriber or patient.

Section two of the bill amends paragraph a of subdivision one of section
6816 of the Education Law by adding a reference to. section 3333 of the

Public Health Law.

Section three of the bill establishes the effective date.

 
JUSTIFICATION:

In this day and age of the opioid crisis, we are trying to limit the
supply of addictive medications made available to patients; however, an
existing policy achieves the opposite.

When a patient fills a prescription for a controlled substance, they
cannot request a partial fill unless they are willing to forfeit the
remainder (except under limited circumstances). Most patients will
accept the full amount since they are paying the cost of their copay;
yet, there are some patients who would prefer a partial fill due to
concern of the volume of drugs in their household and based on a greater
awareness of the current opioid crisis. The intent is to allow pharma-
cists, at the request of patients, to reduce the amount dispensed to
help address the supply in the community.

In the absence of a Department of Health regulatory change related to
supplies of partially filled prescriptions for controlled substances,
this bill seeks to limit the supply of the highly addictive drugs to a
practicable extent. The language in this bill will ensure that New York
State Law is consistent with the federal law in 21 U.S. Code 829, which
permits a controlled substance to be partially filled at the request of
the patient or prescriber for up to thirty days.

The statistics surrounding the opioid epidemic are staggering. Despite
our best efforts to stem the flow of controlled substance prescriptions,
recent data from the Centers for Disease Control and Prevention shows
that the amount of opioids prescribed per person was three times higher
in 2015 than in 1999. In 2015, six times more opioids per resident were
dispensed in the highest-prescribing counties than in the lowest-pres-
cribing counties. Deaths-from opioids have been rising dramatically for
years, and there are now nearly 100 deaths a day from opioid overdoses.


The Internet System for Tracking Over-Prescribing - Prescription Moni-
toring Program (ISTOP/PMP) has been a meaningful tool in this fight, but
we must look at addressing this problem with a multi-faceted approach.
Though New York has been a leader in enacting progressive policies aimed
at addressing this problem, we are still one of the nation's leaders in
opioid-related deaths.

New York regulation 10 NYCRR 80.73(j) does not permit supply of the
remainder of a partially filled prescription for a schedule II
controlled substance, benzodiazepine, or other medications listed under
80.67 (a) except when unable to supply, the patient is terminally ill,
or the patient is a resident of a residential health care facility.

The Pharmacists Society of the State of New York (PSSNY) adopted a
resolution in January of 2017 advocating for this change to the regu-
lation regarding partially filled prescriptions. This resolution is a
clear message from pharmacists offering a solution to the problem, and
the intent is to allow pharmacists, at a patient's request, to reduce
the amount dispensed in an effort to address the supply in the communi-
ty.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date upon which it shall have become a law. Effective immediately the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made on or before such date.

2017-S8342 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8342
 
                             I N  S E N A T E
 
                                May 2, 2018
                                ___________
 
 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 the dispensing of partially filled prescriptions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 3333 of the public health law is amended by adding
 a new subdivision 6 to read as follows:
   6. AT THE REQUEST OF THE PRESCRIBER OR THE PATIENT, A PRESCRIPTION FOR
 A SCHEDULE II, SCHEDULE III OR SCHEDULE IV CONTROLLED SUBSTANCE  MAY  BE
 PARTIALLY  FILLED  WITHIN  THIRTY  DAYS FROM THE DATE OF ISSUANCE OF THE
 PRESCRIPTION. THE  REMAINING  QUANTITY  OF  THE  PRESCRIPTION    MAY  BE
 DISPENSED  SEPARATELY  WITHIN  THIRTY DAYS FROM THE DATE OF ISSUE OF THE
 PRESCRIPTION,  PROVIDED  THAT  THE  CONTROLLED  SUBSTANCE  WAS  USED  IN
 CONFORMITY WITH DIRECTIONS FOR USE AND CONSISTENT WITH APPLICABLE FEDER-
 AL REGULATIONS AND REGULATIONS OF THE COMMISSIONER.
   §  2.  Paragraph  a  of subdivision 1 of section 6816 of the education
 law, as amended by chapter 710 of the laws of 1988, is amended  to  read
 as follows:
   a. Any person, who, in putting up any drug, medicine, or food or prep-
 aration  used  in  medical  practice,  or making up any prescription, or
 filling any order for drugs, medicines, food  or  preparation  puts  any
 untrue  label,  stamp  or  other  designation  of contents upon any box,
 bottle or other package containing a drug, medicine, food or preparation
 used in medical practice, or substitutes or dispenses a different  arti-
 cle  for  or  in  lieu  of any article prescribed, ordered, or demanded,
 except where required pursuant to section sixty-eight hundred  sixteen-a
 of this article, or puts up a greater or lesser quantity of any ingredi-
 ent  specified  in  any  such  prescription,  order  or demand than that
 prescribed, ordered or demanded, except where required pursuant to para-
 graph (g) of subdivision two of section three  hundred  sixty-five-a  of
 the  social  services  law  OR  ALLOWED PURSUANT TO SECTION THIRTY-THREE
 HUNDRED THIRTY-THREE OF THE PUBLIC HEALTH  LAW,  or  otherwise  deviates
 from  the terms of the prescription, order or demand by substituting one
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15315-03-8

 S. 8342                             2
 
 drug for another, except where required pursuant to section  sixty-eight
 hundred sixteen-a of this article, is guilty of a misdemeanor; provided,
 however,  that  except in the case of physicians' prescriptions, nothing
 herein contained shall be deemed or construed to prevent or impair or in
 any  manner  affect  the right of an apothecary, druggist, pharmacist or
 other person to recommend the purchase of an  article  other  than  that
 ordered,  required or demanded, but of a similar nature, or to sell such
 other article in place or in lieu of an  article  ordered,  required  or
 demanded, with the knowledge and consent of the purchaser. Upon a second
 conviction  for  a  violation  of  this  section  the  offender  must be
 sentenced to the payment of a fine not to exceed  one  thousand  dollars
 and  may be sentenced to imprisonment for a term not to exceed one year.
 The third conviction of a violation of any of  the  provisions  of  this
 section,  in  addition  to  rendering the offender liable to the penalty
 prescribed by law for a second conviction, shall forfeit any right which
 he may possess under  the  law  of  this  state  at  the  time  of  such
 conviction,  to  engage  as proprietor, agent, employee or otherwise, in
 the business of an apothecary, pharmacist, or druggist, or to  compound,
 prepare  or  dispense  prescriptions  or  orders for drugs, medicines or
 foods or preparations used in medical practice; and the  offender  shall
 be  by  reason of such conviction disqualified from engaging in any such
 business as proprietor, agent, employee  or  otherwise  or  compounding,
 preparing or dispensing medical prescriptions or orders for drugs, medi-
 cines, or foods or preparations used in medical practice.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date upon which it shall have become a law. Effective immediate-
 ly the addition, amendment and/or  repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made on or before such date.

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Senate Bill S8342

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

2017-S8342 (ACTIVE) - Details

2017-S8342 (ACTIVE) - Summary

2017-S8342 (ACTIVE) - Sponsor Memo

2017-S8342 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8342

Share this bill

Sponsored By

Kemp Hannon

Archive: Last Bill Status - In Senate Committee Health Committee

2017-S8342 (ACTIVE) - Details

2017-S8342 (ACTIVE) - Summary

2017-S8342 (ACTIVE) - Sponsor Memo

2017-S8342 (ACTIVE) - Bill Text download pdf

Comments