Bill Text: NY A09335 | 2015-2016 | General Assembly | Amended

---

Bill Title: Relates to electronic prescriptions; permits health care practitioners to make note in a patient's chart (rather than notifying the health department) when they issue a non-electronic prescription under certain conditions.

Spectrum: Moderate Partisan Bill (Democrat 11-3)

Status: (Passed) 2016-09-29 - signed chap.350 [A09335 Detail]

Download: New_York-2015-A09335-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                         9335--B
                   IN ASSEMBLY
                                    February 19, 2016
                                       ___________
        Introduced  by  M.  of  A.  GOTTFRIED,  FAHY,  SEAWRIGHT, SIMON, PAULIN,
          LIFTON, GALEF -- Multi-Sponsored by -- M. of A.  PALUMBO,  SCHIMEL  --
          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 -- again reported from said  committee  with  amendments,  ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the public health law and the education law, in relation
          to electronic prescriptions
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 4 and 5 of section 281 of  the  public  health
     2  law, as added by section 2 of part B of chapter 447 of the laws of 2012,
     3  are amended to read as follows:
     4    4.  In the case of a prescription for a controlled substance issued by
     5  a practitioner under paragraph (b) of subdivision three of this section,
     6  the practitioner shall [file information  about  the  issuance  of  such
     7  prescription with the department as soon as practicable, as set forth in
     8  regulation]   indicate   in   the   patient's  health  record  that  the
     9  prescription was issued other than electronically due to temporary tech-
    10  nological or electrical failure.
    11    5. In the case of a prescription for a controlled substance issued  by
    12  a  practitioner  under paragraph (d) or (e) of subdivision three of this
    13  section, the practitioner shall, upon issuing such  prescription,  [file
    14  information  about the issuance of such prescription with the department
    15  by electronic means,  as  set  forth  in  regulation]  indicate  in  the
    16  patient's  health  record  either that the prescription was issued other
    17  than electronically because it (a) was impractical to issue an electron-
    18  ic prescription in a timely manner and such delay would  have  adversely
    19  impacted  the patient's medical condition, or (b) was to be dispensed by
    20  a pharmacy located outside the state.
    21    § 2. Subdivisions 11, 12 and 13 of section 6810 of the education  law,
    22  as  added by section 3 of part B of chapter 447 of the laws of 2012, are
    23  amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14195-14-6
        A. 9335--B                          2
     1    11. In the case of a prescription issued by a practitioner under para-
     2  graph (b) of subdivision ten of this section, the practitioner shall  be
     3  required  to  [file  information about the issuance of such prescription
     4  with the department of health as soon as practicable, as  set  forth  in
     5  regulation]   indicate   in   the   patient's  health  record  that  the
     6  prescription was issued other than electronically due to temporary tech-
     7  nological or electrical failure.
     8    12. In the case of a prescription issued by a practitioner under para-
     9  graph (d) or (e) of subdivision ten of this  section,  the  practitioner
    10  shall, upon issuing such prescription, [file information about the issu-
    11  ance  of  such  prescription with the department of health by electronic
    12  means, as set forth in regulation]  indicate  in  the  patient's  health
    13  record either that the prescription was issued other than electronically
    14  because  it (a) was impractical to issue an electronic prescription in a
    15  timely manner and such delay would have adversely impacted the patient's
    16  medical condition, or (b) was to be  dispensed  by  a  pharmacy  located
    17  outside the state.
    18    13. The waiver process established in regulation pursuant to paragraph
    19  (c) of subdivision ten of this section shall provide that a practitioner
    20  prescribing under a waiver must notify the department of health in writ-
    21  ing  promptly upon gaining the capability to use electronic prescribing,
    22  and that a waiver shall terminate within  a  specified  period  of  time
    23  after the practitioner gains such capability.
    24    § 3. This act shall take effect immediately.