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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9335B
SPONSOR: Gottfried TITLE OF BILL: An act to amend the public health law and the educa-
tion law, in relation to electronic prescriptions
PURPOSE OR GENERAL IDEA OF BILL:
To permit health care practitioners to make note in a patient's chart
(rather than notifying the Health Department) when they issue a non-e-
lectronic prescription under statutory conditions.
SUMMARY OF SPECIFIC PROVISIONS:
Amend Public Health Law § 281 and Education Law § 6810, to require a
prescriber to make a specific notation in a patient's record (and
deletes the requirement for notification to the Health Department) each
time he or she uses one of the three lawful exceptions to the e-pres-
cribing mandate: a temporary electrical or technical failure; any delay
that would adversely impact a patient's health; or when the prescription
would be filled out of state .
JUSTIFICATION:
The law that requires use of electronic prescriptions took effect on
March 27, 2016. The law currently provides for three occasions when a
prescriber may issue a non-electronic (usually paper) prescription, but
requires the prescriber to file information with the Department of
Health "as soon as practicable." The filing requirement is causing
confusion, and resulting in lengthy and burdensome reporting of details
not relevant to patient care.
This bill would replace the filing requirement with directions for
specific notations in the patient's chart where the occasion that
prompted the paper prescription can be viewed at any time the department
so needs to, in the context of the patient's history, situation and
care.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
none to the state.
EFFECTIVE DATE:
Immediately
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.
