Bill Text: NY A03823 | 2019-2020 | General Assembly | Amended


Bill Title: Adds gabapentin to the prescription monitoring program.

Spectrum: Slight Partisan Bill (Democrat 15-9)

Status: (Introduced) 2019-06-05 - print number 3823a [A03823 Detail]

Download: New_York-2019-A03823-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         3823--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    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:

     1    Section 1. Paragraphs (a) and (b) of subdivision 1 of  section  3343-a
     2  of the public health law, as added by section 2 of part A of chapter 447
     3  of the laws of 2012, are amended to read as follows:
     4    (a)  The commissioner shall, in accordance with the provisions of this
     5  section, establish and maintain an  electronic  system  for  collecting,
     6  monitoring  and  reporting  information  concerning  the prescribing and
     7  dispensing of controlled substances and gabapentin, to be known  as  the
     8  prescription  monitoring  program  registry.  The registry shall include
     9  information reported by pharmacies on a real time basis, as set forth in
    10  subdivision four of section thirty-three hundred  thirty-three  of  this
    11  article.
    12    (b) The registry shall include, for each person to whom a prescription
    13  for  controlled  substances  and  gabapentin  has  been  dispensed,  all
    14  patient-specific information covering such period of time as  is  deemed
    15  appropriate  and  feasible  by  the  commissioner,  but no less than six
    16  months and no more than five years.  Such  patient-specific  information
    17  shall  be obtained from the prescription information reported by pharma-
    18  cies pursuant to subdivision four of section thirty-three hundred  thir-
    19  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

     1  subdivision six of section thirty-three hundred thirty-one of this arti-
     2  cle, and shall be processed and included in the registry by the  depart-
     3  ment without undue delay. For purposes of this article, "patient-specif-
     4  ic  information"  means  information  pertaining  to individual patients
     5  included in the registry, which shall include the following  information
     6  and  such  other  information  as is required by the department in regu-
     7  lation:
     8    (i) the patient's name;
     9    (ii) the patient's residential address;
    10    (iii) the patient's date of birth;
    11    (iv) the patient's gender;
    12    (v) the date on which the prescription was issued;
    13    (vi) the date on which the  controlled  substance  or  gabapentin  was
    14  dispensed;
    15    (vii)  the  metric  quantity of the controlled substance or gabapentin
    16  dispensed;
    17    (viii) the number of days supply of the controlled substance or  gaba-
    18  pentin dispensed;
    19    (ix) the name of the prescriber;
    20    (x)  the  prescriber's  identification number, as assigned by the drug
    21  enforcement administration;
    22    (xi) the name or identifier of the drug that was dispensed; and
    23    (xii) the payment method.
    24    § 2. This act shall take effect on the first of January next  succeed-
    25  ing the date upon which it shall have become a law. Effective immediate-
    26  ly  the  addition,  amendment  and/or  repeal  of any rule or regulation
    27  necessary for the implementation of this act on its effective  date  are
    28  authorized to be made and completed on or before such date.
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