NY State Senate Bill S7115

Archive: Last Bill Status - Vetoed by Governor

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

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Actions

view actions (13)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 15, 2020	vetoed memo.74
Dec 03, 2020	delivered to governor
Feb 25, 2020	returned to senate passed assembly ordered to third reading cal.408 substituted for a9034
Feb 04, 2020	referred to higher education delivered to assembly passed senate
Jan 21, 2020	advanced to third reading
Jan 15, 2020	2nd report cal.
Jan 14, 2020	1st report cal.174
Jan 08, 2020	referred to health

Votes

Co-Sponsors

S7115 (ACTIVE) - Details

See Assembly Version of this Bill:: A9034
Law Section:: Public Health Law
Laws Affected:: Amd §3333, Pub Health L; amd §6816, Ed L

S7115 (ACTIVE) - Summary

Allows a prescription for a schedule II, III, or IV controlled substance to be partially filled at the request of the prescriber or patient.

S7115 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S7115

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law and the education law, in relation
to the dispensing of partially filled prescriptions

 
PURPOSE:

To allow for the dispensing of a partial fill of a controlled substance
prescription.

 
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, IV or V 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.

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:

Similar to S.1813/A.3918 of 2019, but with amendments to address the
veto message.

 
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 he made on or before such date.

S7115 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7115
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2020
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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,  SCHEDULE  IV  OR  SCHEDULE  V  CONTROLLED
 SUBSTANCE  MAY  BE PARTIALLY FILLED PROVIDED THAT THE PARTIAL FILLING IS
 RECORDED IN THE SAME MANNER AS A REFILL. THE REMAINING QUANTITY  OF  THE
 PRESCRIPTION  MAY  BE  DISPENSED SEPARATELY ONLY ONCE IN CONFORMITY WITH
 DIRECTIONS FOR USE.
   § 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
 drug  for another, except where required pursuant to section sixty-eight

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14641-02-0

 S. 7115                             2
 
 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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The New York State Senate

senate Bill S7115

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Your Voice

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Votes

Feb 4, 2020 - floor Vote

Floor Vote: Feb 4, 2020

Jan 14, 2020 - Health committee Vote

Health Committee Vote: Jan 14, 2020

Co-Sponsors

S7115 (ACTIVE) - Details

S7115 (ACTIVE) - Summary

S7115 (ACTIVE) - Sponsor Memo

S7115 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7115

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Sponsored By

Gustavo Rivera

Archive: Last Bill Status - Vetoed by Governor

Your Voice

Actions

Votes

Feb 4, 2020 - floor Vote

Floor Vote: Feb 4, 2020

Jan 14, 2020 - Health committee Vote

Health Committee Vote: Jan 14, 2020

Co-Sponsors

Alessandra Biaggi

David Carlucci

Anna M. Kaplan

Jen Metzger

S7115 (ACTIVE) - Details

S7115 (ACTIVE) - Summary

S7115 (ACTIVE) - Sponsor Memo

S7115 (ACTIVE) - Bill Text download pdf

Comments