S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3823--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by  M.  of A. McDONALD, D'URSO, ENGLEBRIGHT, RIVERA, TAYLOR,
   SEAWRIGHT, McDONOUGH,  MORINELLO,  LAWRENCE,  MONTESANO,  BLANKENBUSH,
   BRAUNSTEIN, WILLIAMS, ARROYO, GOTTFRIED, JAFFEE, BLAKE, SAYEGH, ASHBY,
   BYRNES, GRIFFIN -- Multi-Sponsored by -- M. of A. GIGLIO, SIMON, TAGUE
   --  read  once and referred to the Committee on Health -- reported and
   referred to the Committee  on  Codes  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the public health law, in relation to adding  gabapentin
   to the prescription monitoring program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (a) and (b) of subdivision 1 of  section  3343-a
 of the public health law, as added by section 2 of part A of chapter 447
 of the laws of 2012, are amended to read as follows:
   (a)  The commissioner shall, in accordance with the provisions of this
 section, establish and maintain an  electronic  system  for  collecting,
 monitoring  and  reporting  information  concerning  the prescribing and
 dispensing of controlled substances AND GABAPENTIN, to be known  as  the
 prescription  monitoring  program  registry.  The registry shall include
 information reported by pharmacies on a real time basis, as set forth in
 subdivision four of section thirty-three hundred  thirty-three  of  this
 article.
   (b) The registry shall include, for each person to whom a prescription
 for  controlled  substances  AND  GABAPENTIN  has  been  dispensed,  all
 patient-specific information covering such period of time as  is  deemed
 appropriate  and  feasible  by  the  commissioner,  but no less than six
 months and no more than five years.  Such  patient-specific  information
 shall  be obtained from the prescription information reported by pharma-
 cies pursuant to subdivision four of section thirty-three hundred  thir-
 ty-three  of  this article and by practitioners who dispense pursuant to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00590-02-9

 A. 3823--A                          2
 
 subdivision six of section thirty-three hundred thirty-one of this arti-
 cle, and shall be processed and included in the registry by the  depart-
 ment without undue delay. For purposes of this article, "patient-specif-
 ic  information"  means  information  pertaining  to individual patients
 included in the registry, which shall include the following  information
 and  such  other  information  as is required by the department in regu-
 lation:
   (i) the patient's name;
   (ii) the patient's residential address;
   (iii) the patient's date of birth;
   (iv) the patient's gender;
   (v) the date on which the prescription was issued;
   (vi) the date on which the  controlled  substance  OR  GABAPENTIN  was
 dispensed;
   (vii)  the  metric  quantity of the controlled substance OR GABAPENTIN
 dispensed;
   (viii) the number of days supply of the controlled substance OR  GABA-
 PENTIN dispensed;
   (ix) the name of the prescriber;
   (x)  the  prescriber's  identification number, as assigned by the drug
 enforcement administration;
   (xi) the name or identifier of the drug that was dispensed; and
   (xii) the payment method.
   § 2. 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 and completed on or before such date.