Relates to allowing prescriptions for controlled substances that are normally restricted to a thirty-day supply to be issued for greater than a thirty-day supply during a state of emergency.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1317
SPONSOR: Simon TITLE OF BILL:
An act to amend the public health law, in relation to allowing
prescriptions for controlled substances that are normally restricted to
a thirty-day supply, to be issued for greater than a thirty-day supply
during an emergency
PURPOSE OR GENERAL IDEA OF BILL:
To enable patients to receive prescriptions for necessary medications
extending beyond thirty days to maintain social distancing and mitigate
public health risks during the COVID-19 pandemic.
SUMMARY OF PROVISIONS:
Section 1 amends section 3332 of the public health law to provide that
during an emergency that interferes with patients readily obtaining
prescription drugs from pharmacies, a practitioner may issue a
prescription for a controlled substance that exceeds a thirty-day
supply, provided the prescription is consistent with a written treatment
plan following generally accepted guidelines.
Section 2 sets the effective date.
JUSTIFICATION:
Many New Yorkers rely on controlled substances to manage conditions
including chronic pain, epilepsy, anxiety, insomnia and attention disor-
ders. Frequently, these patients have underlying conditions that compro-
mise their immune systems and place them at greater risk from COVID-19.
The current restrictions on controlled substance prescriptions force
people to choose between risking contracting the virus to pick up their
prescriptions every month or abruptly cutting off necessary treatment
and risking dangerous withdrawal symptoms. This burden also endangers
the welfare of people with mental health issues that are likely to be
exacerbated by the current crisis. Because pharmacies do not offer home
delivery for these prescriptions, people who may have been exposed to
COVID-19 are often left with no way to receive their medications without
breaking quarantine.
No one should be forced to choose between protecting themselves and the
people around them from COVID-19 and receiving the care they need. Lift-
ing restrictions on the length of controlled substance prescriptions
during a state of emergency will protect the lives of people with disa-
bilities and ensure all residents are able to adhere to social distanc-
ing guidelines.
PRIOR LEGISLATIVE HISTORY:
2023-24: A.1590 Simon -referred to health
2020-21: A.6116 Simon-referred to health
2019-20: A.10301 Simotas-amended recommitted to health
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
none
EFFECTIVE DATE:
this act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
1317
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
___________
Introduced by M. of A. SIMON, DINOWITZ, SEAWRIGHT, McDONOUGH, DeSTEFANO,
SANTABARBARA, WILLIAMS, KELLES, MIKULIN -- read once and referred to
the Committee on Health
AN ACT to amend the public health law, in relation to allowing
prescriptions for controlled substances that are normally restricted
to a thirty-day supply, to be issued for greater than a thirty-day
supply during an emergency
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 3332 of the public health law, as
2 amended by chapter 178 of the laws of 2010, is amended to read as
3 follows:
4 3. (a) No such prescription shall be made for a quantity of controlled
5 substances which would exceed a thirty day supply if the controlled
6 substance were used in accordance with the directions for use specified
7 on the prescription. A practitioner may, however, issue a prescription
8 for up to a three month supply of a controlled substance provided that
9 the controlled substance has been prescribed to treat one of the condi-
10 tions that have been enumerated by the commissioner pursuant to regu-
11 lations as warranting the prescribing of greater than a thirty day
12 supply of a controlled substance and that the practitioner specifies the
13 condition on the face of the prescription. No additional prescriptions
14 for a controlled substance may be issued by a practitioner to an ulti-
15 mate user within thirty days of the date of any prescription previously
16 issued unless and until the ultimate user has exhausted all but a seven
17 day supply of the controlled substance provided by any previously issued
18 prescription. A practitioner may, however, issue a prescription for up
19 to a six month supply of any substance listed in subdivision (h) of
20 Schedule II of section thirty-three hundred six of this article provided
21 that such substance has been prescribed to treat one of the conditions
22 that have been enumerated by the commissioner pursuant to regulations as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02573-01-5
A. 1317 2
1 warranting the prescribing of a six month supply and that the practi-
2 tioner specifies the condition on the prescription or on the electronic
3 prescription.
4 (b) Notwithstanding the provisions of paragraph (a) of this subdivi-
5 sion, during an emergency that interferes with patients readily obtain-
6 ing prescription drugs from pharmacies, subject to regulations or orders
7 of the commissioner, a practitioner may issue a prescription for a quan-
8 tity of a controlled substance that would exceed a thirty-day supply if
9 such prescription is consistent with a written treatment plan that
10 follows generally accepted national, professional, or governmental
11 guidelines, and the treatment plan is noted in the patient's medical
12 record.
13 § 2. This act shall take effect immediately.
