Relates to requirements for electronic prescribing software under the medical assistance program; prohibits the use of advertising or messaging in such software; requires such software to include a means for prior authorization approval; prohibits use of certain information relating to a patient's benefits plan.
STATE OF NEW YORK
________________________________________________________________________
2552--A
2013-2014 Regular Sessions
IN ASSEMBLY
January 16, 2013
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Higher Education -- committee discharged, bill amended, 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 prescribing software
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 281 of the public health law is amended by adding a
2 new subdivision 7 to read as follows:
3 7. The regulations promulgated pursuant to subdivision three of this
4 section shall provide that all electronic prescribing software used in
5 this state including, without limitation, electronic prescribing soft-
6 ware for which prescribers and pharmacies receive payments pursuant to
7 section three hundred sixty-seven-a of the social services law shall:
8 (a) transmit to a prescriber only electronic communications consistent
9 with the product label except where such communication relates to a
10 review article or editorial comment in a major peer reviewed profes-
11 sional journal, supported by scientific evidence and that meets the
12 federal food and drug administration requirements for advertising phar-
13 maceutical products;
14 (b) not use any means or permit any other person to use any means,
15 including, but not limited to, advertising, instant messaging, and pop-
16 up ads, to influence or attempt to influence, through economic incen-
17 tives or otherwise, the prescribing decision of a prescribing practi-
18 tioner at the point of care or any such means triggered or in specific
19 response to the input, selection, or any act of a prescribing practi-
20 tioner or his or her agent in prescribing a certain pharmaceutical or
21 directing a patient to a certain pharmacy;
22 (c) not show information regarding a payor's formulary, co-payment or
23 benefit plan in any way that precludes or makes more difficult the act
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04350-04-3
A. 2552--A 2
1 of a prescribing practitioner or patient selecting any particular phar-
2 macy or pharmaceutical; and
3 (d) make available means to request a prior authorization approval and
4 receive prior authorization and step therapy criteria and approval elec-
5 tronically on the day the prescription is issued as established via a
6 standardized format to be created by the board of pharmacy.
7 § 2. Section 6810 of the education law is amended by adding a new
8 subdivision 14 to read as follows:
9 14. The regulations promulgated pursuant to subdivision ten of this
10 section shall provide that all electronic prescribing software used in
11 this state including, without limitation, electronic prescribing soft-
12 ware for which prescribers and pharmacies receive payments pursuant to
13 section three hundred sixty-seven-a of the social services law shall:
14 (a) transmit to a prescriber only electronic communications consistent
15 with the product label except where such communication relates to a
16 review article or editorial comment in a major peer reviewed profes-
17 sional journal, supported by scientific evidence and that meets the
18 federal food and drug administration requirements for advertising phar-
19 maceutical products;
20 (b) not use any means or permit any other person to use any means,
21 including, but not limited to, advertising, instant messaging, and pop-
22 up ads, to influence or attempt to influence, through economic incen-
23 tives or otherwise, the prescribing decision of a prescribing practi-
24 tioner at the point of care or any such means triggered or in specific
25 response to the input, selection, or any act of a prescribing practi-
26 tioner or his or her agent in prescribing a certain pharmaceutical or
27 directing a patient to a certain pharmacy;
28 (c) not show information regarding a payor's formulary, co-payment or
29 benefit plan in any way that precludes or makes more difficult the act
30 of a prescribing practitioner or patient selecting any particular phar-
31 macy or pharmaceutical; and
32 (d) make available means to request a prior authorization approval and
33 receive prior authorization and step therapy criteria and approval elec-
34 tronically on the day the prescription is issued as established via a
35 standardized format to be created by the board of pharmacy.
36 § 3. This act shall take effect immediately.
