S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1590
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A.  SIMON, DINOWITZ, THIELE, SEAWRIGHT, DICKENS,
   McDONOUGH, DeSTEFANO, SANTABARBARA -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02884-01-3
              

 A. 1590                             2
 
 warranting  the  prescribing  of a six month supply and that the practi-
 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.