Bill Text: NY A11127 | 2017-2018 | General Assembly | Introduced

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Bill Title: Provides exemptions from certain requirements for electronic prescriptions for oral prescriptions issued to patients in health care facilities.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-06-18 - reported referred to rules [A11127 Detail]

Download: New_York-2017-A11127-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          11127
                   IN ASSEMBLY
                                      June 7, 2018
                                       ___________
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Gottfried,
          Lupardo) -- read once and referred to the Committee on Health
        AN ACT to amend the public health law and the education law, in relation
          to  exceptions  to  requirements  for  electronic  prescriptions;  and
          providing for the repeal of such provisions upon the expiration there-
          of
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraphs (d) and (e) of subdivision 3 of section  281  of
     2  the public health law, as amended by chapter 13 of the laws of 2015, are
     3  amended and a new paragraph (f) is added to read as follows:
     4    (d)  issued by a practitioner under circumstances where, notwithstand-
     5  ing  the  practitioner's  present  ability   to   make   an   electronic
     6  prescription  as required by this subdivision, such practitioner reason-
     7  ably determines that it would be impractical for the patient  to  obtain
     8  substances prescribed by electronic prescription in a timely manner, and
     9  such  delay  would  adversely  impact  the  patient's medical condition,
    10  provided that if such prescription is for a  controlled  substance,  the
    11  quantity  of  controlled substances does not exceed a five day supply if
    12  the controlled substance were used in accordance with the directions for
    13  use; [or] (e) issued by a practitioner to be  dispensed  by  a  pharmacy
    14  located  outside the state, as set forth in regulation[.]; or (f) issued
    15  as an oral prescription under  paragraph  (b)  of  subdivision  four  of
    16  section sixty-eight hundred ten of the education law.
    17    §  2.  Paragraphs (d) and (e) of subdivision 10 of section 6810 of the
    18  education law, as amended by chapter 13 of the laws of 2015, are amended
    19  and a new paragraph (f) is added to read as follows:
    20    (d) issued by a practitioner under circumstances where,  notwithstand-
    21  ing   the   practitioner's   present   ability  to  make  an  electronic
    22  prescription as required by this subdivision, such practitioner  reason-
    23  ably  determines  that it would be impractical for the patient to obtain
    24  substances prescribed by electronic prescription in a timely manner, and
    25  such delay would  adversely  impact  the  patient's  medical  condition,
    26  provided  that  if  such prescription is for a controlled substance, the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16222-01-8
        A. 11127                            2
     1  quantity that does not exceed  a  five  day  supply  if  the  controlled
     2  substance  was  used in accordance with the directions for use; [or] (e)
     3  issued by a practitioner to be dispensed by a pharmacy  located  outside
     4  the  state,  as  set  forth  in  regulation[.]; or (f) issued as an oral
     5  prescription under paragraph (b) of subdivision four of this section.
     6    § 3. This act shall take effect November 1, 2018 and shall expire  and
     7  be deemed repealed on and after June 1, 2020.