Bill Text: NY S05877 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires information on each prescription issued by a practitioner to be submitted to the department of health; grants an exemption from the confidentiality provisions for prescriptions when a disclosure is made to a pharmacist when a patient has obtained controlled substances from another pharmacist, thus indicating drug abuse or diversion; directs the department of health to establish a report on prescription patterns in the state; and establishes a safe disposal of prescription drugs task force.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO HEALTH [S05877 Detail]

Download: New_York-2011-S05877-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5877
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    August 31, 2011
                                      ___________
       Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend  the  public  health  law,  in  relation  to  filing  of
         prescription  information with the department of health, disclosure of
         patient information, establishing a report on prescription patterns in
         the state and establishing a safe disposal of prescription drugs  task
         force
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 3332 of the public health law is amended by  adding
    2  a new subdivision 5 to read as follows:
    3    5.  THE  PRACTITIONER SHALL FILE THE INFORMATION INCLUDED ON EACH SUCH
    4  PRESCRIPTION WITH THE DEPARTMENT BY ELECTRONIC  MEANS  IN  SUCH  MANNER,
    5  FORM  AND  DETAIL AS SHALL BE REQUIRED BY REGULATIONS PROMULGATED BY THE
    6  COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION.
    7    S 2. Paragraphs (d) and (e) of subdivision 1 of section  3371  of  the
    8  public  health  law,  as amended by chapter 178 of the laws of 2010, are
    9  amended and a new paragraph (f) is added to read as follows:
   10    (d) to a central registry established pursuant to this article; [and]
   11    (e) to a practitioner to inform him or her that a patient may be under
   12  treatment with a controlled substance by another practitioner[.]; OR
   13    (F) TO A PHARMACIST OR INSTITUTIONAL DISPENSER TO INFORM  HIM  OR  HER
   14  THAT  A PATIENT MAY HAVE ALSO OBTAINED ONE OR MORE CONTROLLED SUBSTANCES
   15  FROM ANOTHER PHARMACIST OR INSTITUTIONAL DISPENSER,  WHERE  THE  CIRCUM-
   16  STANCES  INDICATE  A  POSSIBILITY  OF DRUG ABUSE OR DIVERSION, POTENTIAL
   17  HARM TO THE PERSON, OR OTHER SIMILAR GROUNDS.
   18    S 3. The public health law is amended by adding two new sections  3375
   19  and 3376 to read as follows:
   20    S  3375.  REPORT ON PRESCRIPTION PATTERNS IN THE STATE. 1. THE DEPART-
   21  MENT SHALL DEVELOP A DRAFT REPORT USING EXISTING  PRESCRIPTION  DATA  IN
   22  ORDER   TO  IDENTIFY  ANY  POSSIBLE  PATTERNS  IN  THE  PRESCRIPTION  OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13314-01-1
       S. 5877                             2
    1  CONTROLLED SUBSTANCES WITHIN THE STATE, SPECIFICALLY AIMED  AT  EXPOSING
    2  ANY   PATTERNS  THAT  SUGGEST  CASES  OF  THE  DIVERSION  OF  CONTROLLED
    3  SUBSTANCES. THE DEPARTMENT SHALL CONSULT WITH THE DEPARTMENT OF LAW  AND
    4  ANY  RELEVANT  LAW  ENFORCEMENT AGENCIES AND OFFICES IN THE STATE IN THE
    5  DEVELOPMENT OF SUCH DRAFT REPORT.
    6    2. UPON APPROVAL OF THE DRAFT REPORT, THE DEPARTMENT  SHALL  MAKE  THE
    7  REPORT AVAILABLE TO LAW ENFORCEMENT AGENCIES UPON REQUEST.
    8    3. THE DEPARTMENT SHALL UPDATE SUCH REPORT ON A QUARTERLY BASIS.
    9    4. NOTHING IN THIS SECTION SHALL BE DEEMED TO AUTHORIZE THE DISCLOSURE
   10  OF  INFORMATION  OTHERWISE  PROHIBITED  BY  FEDERAL  LAW  OR  ANY  OTHER
   11  PROVISION OF THIS CHAPTER.
   12    S 3376. SAFE DISPOSAL OF PRESCRIPTION DRUGS TASK FORCE.  1.  THERE  IS
   13  HEREBY  ESTABLISHED,  IN THE DEPARTMENT, A SAFE DISPOSAL OF PRESCRIPTION
   14  DRUGS TASK FORCE. SUCH TASK FORCE SHALL BE COMPOSED OF FOURTEEN MEMBERS,
   15  WHICH SHALL INCLUDE THE COMMISSIONER OR HIS OR HER DESIGNEE,  AND  THIR-
   16  TEEN  MEMBERS APPOINTED BY THE COMMISSIONER. OF THE MEMBERS APPOINTED BY
   17  THE COMMISSIONER, A MEMBER SHALL BE APPOINTED FROM EACH OF  THE  FOLLOW-
   18  ING:  THE  DEPARTMENT  OF  HEALTH  AND MENTAL HYGIENE OF THE CITY OF NEW
   19  YORK, A PUBLIC HEALTH OFFICER, THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
   20  TION, THE DIVISION OF CRIMINAL  JUSTICE  SERVICES,  A  PHARMACIST  OR  A
   21  MEMBER  OF A TRADE ORGANIZATION REPRESENTING PHARMACISTS, A PHYSICIAN OR
   22  A MEMBER OF A TRADE ASSOCIATION REPRESENTING PHYSICIANS, A  PERSON  WITH
   23  EXPERTISE IN HOSPITAL ADMINISTRATION, A REPRESENTATIVE OF THE PHARMACEU-
   24  TICAL  INDUSTRY,  A  PERSON  WITH  EXPERTISE  IN WASTE MANAGEMENT, A LAW
   25  ENFORCEMENT OFFICIAL, AND A PERSON WITH  EXPERTISE  IN  TOXICOLOGY.  THE
   26  COMMISSIONER  OR  HIS  OR  HER  DESIGNEE  SHALL BE THE CHAIR OF THE TASK
   27  FORCE.
   28    2. THE MEMBERS OF THE TASK FORCE  SHALL  SERVE  WITHOUT  COMPENSATION,
   29  PROVIDED,  HOWEVER, THAT THE MEMBERS APPOINTED BY THE COMMISSIONER SHALL
   30  BE ALLOWED THEIR NECESSARY AND ACTUAL EXPENSES INCURRED IN THE  PERFORM-
   31  ANCE OF THEIR DUTIES PURSUANT TO THIS SECTION.
   32    3. THE TASK FORCE SHALL:
   33    (A)  ASSESS  EXISTING LAWS, ESPECIALLY THIS CHAPTER, THE PENAL LAW AND
   34  THE ENVIRONMENTAL CONSERVATION LAW, AND EXISTING  REGULATIONS  GOVERNING
   35  THE ABILITY OF INDIVIDUALS AND ORGANIZATIONS OR FACILITIES TO DISPOSE OF
   36  EXPIRED OR UNUSED PRESCRIPTION DRUGS;
   37    (B)  EXAMINE  ALL AVAILABLE EVIDENCE AND SCIENTIFIC EVIDENCE REGARDING
   38  THE DIVERSION OF EXPIRED OR UNUSED PRESCRIPTION DRUGS  AS  WELL  AS  ANY
   39  EVIDENCE  REGARDING  THE  POSSIBLE  HEALTH  CONSEQUENCES OF THE EXISTING
   40  METHODS OF DISPOSAL OF EXPIRED OR UNUSED PRESCRIPTION DRUGS;
   41    (C) DETERMINE POSSIBLE LEGISLATIVE AND REGULATORY CHANGES NECESSARY TO
   42  ENACT ANY PROGRAM DESIGNED TO FACILITATE  THE  DISPOSAL  OF  EXPIRED  OR
   43  UNUSED PRESCRIPTION DRUGS IN A SAFE AND SECURE MANNER; AND
   44    (D)  PREPARE  PROPOSALS  BASED ON ITS FINDINGS FOR STATE-WIDE PROGRAMS
   45  THAT WOULD IMPROVE UPON EXISTING RULES  AND  REGULATIONS  GOVERNING  THE
   46  DISPOSAL OF EXPIRED OR UNUSED PRESCRIPTION DRUGS.
   47    4. THE TASK FORCE SHALL WITHIN NINE MONTHS OF FIRST CONVENING, PREPARE
   48  AND  SUBMIT  A  REPORT  TO  THE GOVERNOR AND THE LEGISLATURE WHICH SHALL
   49  INCLUDE ITS FINDINGS ON THE  EXISTING  LEGAL  AND  REGULATORY  FRAMEWORK
   50  GOVERNING  THE  DISPOSAL  OF  EXPIRED  OR UNUSED PRESCRIPTION DRUGS, THE
   51  HEALTH AND SAFETY DANGERS CREATED BY DIVERSION OF THESE DRUGS AND  THEIR
   52  CURRENT  MANNER  OF  DISPOSAL,  AND  CHANGES  NECESSARY TO ENACT ANY NEW
   53  SYSTEM OR PROGRAM FOR THE SAFE DISPOSAL OF PRESCRIPTION DRUGS.
   54    5. THE TASK FORCE  SHALL  CONSULT  WITH  ANY  ORGANIZATION,  EDUCATION
   55  INSTITUTION,  GOVERNMENT AGENCY OR INDIVIDUAL POSSESSING RELEVANT INFOR-
   56  MATION OR EXPERTISE.
       S. 5877                             3
    1    S 4. This act shall take effect on the first of January next  succeed-
    2  ing  the date on which it shall have become a law; provided that, effec-
    3  tive immediately, any rules and regulations necessary to  implement  the
    4  provisions of this act on its effective date are authorized and directed
    5  to be completed on or before such date.