S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6116
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2021
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Health
 
 AN ACT  to  amend  the  public  health  law,  in  relation  to  allowing
   prescriptions  for  controlled substances that are normally restricted
   to a thirty-day supply, to be issued for  greater  than  a  thirty-day
   supply during an emergency

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 3332 of the public health law,  as
 amended  by  chapter  178  of  the laws of 2010, is   amended to read as
 follows:
   3. (A) No such prescription shall be made for a quantity of controlled
 substances which would exceed a thirty  day  supply  if  the  controlled
 substance  were used in accordance with the directions for use specified
 on the prescription. A practitioner may, however, issue  a  prescription
 for  up  to a three month supply of a controlled substance provided that
 the controlled substance has been prescribed to treat one of the  condi-
 tions  that  have  been enumerated by the commissioner pursuant to regu-
 lations as warranting the prescribing  of  greater  than  a  thirty  day
 supply of a controlled substance and that the practitioner specifies the
 condition  on  the face of the prescription. No additional prescriptions
 for a controlled substance may be issued by a practitioner to  an  ulti-
 mate  user within thirty days of the date of any prescription previously
 issued unless and until the ultimate user has exhausted all but a  seven
 day supply of the controlled substance provided by any previously issued
 prescription.  A  practitioner may, however, issue a prescription for up
 to a six month supply of any substance  listed  in  subdivision  (h)  of
 Schedule II of section thirty-three hundred six of this article provided
 that  such  substance has been prescribed to treat one of the conditions
 that have been enumerated by the commissioner pursuant to regulations as
 warranting the prescribing of a six month supply and  that  the  practi-

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

                                                            LBD10224-01-1

 A. 6116                             2
 
 tioner  specifies the condition on the prescription or on the electronic
 prescription.
   (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, DURING AN EMERGENCY THAT INTERFERES WITH PATIENTS READILY  OBTAIN-
 ING PRESCRIPTION DRUGS FROM PHARMACIES, SUBJECT TO REGULATIONS OR ORDERS
 OF THE COMMISSIONER, A PRACTITIONER MAY ISSUE A PRESCRIPTION FOR A QUAN-
 TITY  OF A CONTROLLED SUBSTANCE THAT WOULD EXCEED A THIRTY-DAY SUPPLY IF
 SUCH PRESCRIPTION IS CONSISTENT  WITH  A  WRITTEN  TREATMENT  PLAN  THAT
 FOLLOWS  GENERALLY  ACCEPTED  NATIONAL,  PROFESSIONAL,  OR  GOVERNMENTAL
 GUIDELINES, AND THE TREATMENT PLAN IS NOTED  IN  THE  PATIENT'S  MEDICAL
 RECORD.
   § 2. This act shall take effect immediately.