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.