Bill Text: NY A09837 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 9837 (Prior Session Legislation)

Introduced

Bill Title: Enacts provisions governing the transmission of electronic prescriptions and the production of hard copies of such prescriptions.

Spectrum: Moderate Partisan Bill (Democrat 35-5)

Status: (Vetoed) 2016-09-30 - tabled [A09837 Detail]

Download: New_York-2015-A09837-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          9837
                   IN ASSEMBLY
                                     April 14, 2016
                                       ___________
        Introduced  by M. of A. GOTTFRIED, ABINANTI, BENEDETTO, BICHOTTE, BLAKE,
          CAHILL, COLTON, COOK, CRESPO, CYMBROWITZ, DINOWITZ, FAHY, GALEF, HOOP-
          ER, JAFFEE, MARKEY,  MAYER,  McDONOUGH,  PAULIN,  PEOPLES-STOKES,  RA,
          RAIA,  SEAWRIGHT,  SIMON, SOLAGES, STECK, THIELE, TITONE, ZEBROWSKI --
          Multi-Sponsored by -- M. of A.  BRENNAN,  BUCHWALD,  CERETTO,  CROUCH,
          ENGLEBRIGHT,  GLICK,  HYNDMAN,  MAGEE,  McKEVITT, NOLAN, SIMANOWITZ --
          read once and referred to the Committee on Health
        AN ACT to amend the public health law and the education law, in relation
          to transmission and hard copies of electronic prescriptions
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Section 281 of the public health law is amended by adding a
     2  new subdivision 8 to read as follows:
     3    8.  (a)  As  used  in  this  section,  "electronic prescription" shall
     4  include a prescription that is electronically transmitted to a site from
     5  which a pharmacy can  download  the  prescription  for  the  purpose  of
     6  dispensing it according to the terms of the prescription.
     7    (b)  Where  a  practitioner  issues an electronic prescription, at the
     8  request or with the consent of the patient for whom  a  prescription  is
     9  issued:
    10    (i) The practitioner shall electronically transmit the prescription to
    11  a  site  from  which a pharmacy can download the prescription under this
    12  subparagraph. However, the practitioner shall not be required to  comply
    13  with  this subparagraph if the practitioner informs the patient that the
    14  practitioner is not able to do so or if the patient intends to have  the
    15  prescription  dispensed  by a pharmacy that the practitioner is informed
    16  is not able to do so. A pharmacy may download the prescription  for  the
    17  purpose of dispensing it at the direction of the patient or other person
    18  to  whom  the  pharmacy  would  be  authorized  to  deliver  the product
    19  prescribed.
    20    (ii) The practitioner shall, at the request of the patient for whom  a
    21  prescription  is  issued,  provide  the  patient with a hard copy of the
    22  prescription, including information identifying the site or pharmacy  to
    23  which the prescription has been sent electronically.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14809-02-6