STATE OF NEW YORK
________________________________________________________________________
4274
2015-2016 Regular Sessions
IN ASSEMBLY
January 30, 2015
___________
Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee on Health
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. Subdivision 3 of section 281 of the public health law, as
2 added by section 2 of part B of chapter 447 of the laws of 2012, is
3 amended to read as follows:
4 3. On or before December thirty-first, two thousand twelve, the
5 commissioner shall promulgate regulations, in consultation with the
6 commissioner of education, establishing standards for electronic
7 prescriptions. Notwithstanding any other provision of this section or
8 any other law to the contrary, effective [two] three years subsequent to
9 the date on which such regulations are promulgated, no person shall
10 issue any prescription in this state unless such prescription is made by
11 electronic prescription from the person issuing the prescription to a
12 pharmacy in accordance with such regulatory standards, except for
13 prescriptions: (a) issued by veterinarians; (b) issued in circumstances
14 where electronic prescribing is not available due to temporary techno-
15 logical or electrical failure, as set forth in regulation; (c) issued by
16 practitioners who have received a waiver or a renewal thereof for a
17 specified period determined by the commissioner, not to exceed one year,
18 from the requirement to use electronic prescribing, pursuant to a proc-
19 ess established in regulation by the commissioner, in consultation with
20 the commissioner of education, due to economic hardship, technological
21 limitations that are not reasonably within the control of the practi-
22 tioner, or other exceptional circumstance demonstrated by the practi-
23 tioner; (d) issued by a practitioner under circumstances where, notwith-
24 standing the practitioner's present ability to make an electronic
25 prescription as required by this subdivision, such practitioner reason-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08462-01-5
A. 4274 2
1 ably determines that it would be impractical for the patient to obtain
2 substances prescribed by electronic prescription in a timely manner, and
3 such delay would adversely impact the patient's medical condition,
4 provided that if such prescription is for a controlled substance, the
5 quantity of controlled substances does not exceed a five day supply if
6 the controlled substance were used in accordance with the directions for
7 use; or (e) issued by a practitioner to be dispensed by a pharmacy
8 located outside the state, as set forth in regulation.
9 § 2. Subdivision 10 of section 6810 of the education law, as added by
10 section 3 of part B of chapter 447 of the laws of 2012, is amended to
11 read as follows:
12 10. Notwithstanding any other provision of this section or any other
13 law to the contrary, effective [two] three years subsequent to the date
14 on which regulations establishing standards for electronic prescriptions
15 are promulgated by the commissioner of health, in consultation with the
16 commissioner pursuant to subdivision three of section two hundred eight-
17 y-one of the public health law, no practitioner shall issue any
18 prescription in this state, unless such prescription is made by elec-
19 tronic prescription from the practitioner to a pharmacy, except for
20 prescriptions: (a) issued by veterinarians; (b) issued or dispensed in
21 circumstances where electronic prescribing is not available due to
22 temporary technological or electrical failure, as set forth in regu-
23 lation; (c) issued by practitioners who have received a waiver or a
24 renewal thereof for a specified period determined by the commissioner of
25 health, not to exceed one year, from the requirement to use electronic
26 prescribing, pursuant to a process established in regulation by the
27 commissioner of health, in consultation with the commissioner due to
28 economic hardship, technological limitations that are not reasonably
29 within the control of the practitioner, or other exceptional circum-
30 stance demonstrated by the practitioner; (d) issued by a practitioner
31 under circumstances where, notwithstanding the practitioner's present
32 ability to make an electronic prescription as required by this subdivi-
33 sion, such practitioner reasonably determines that it would be impracti-
34 cal for the patient to obtain substances prescribed by electronic
35 prescription in a timely manner, and such delay would adversely impact
36 the patient's medical condition, provided that if such prescription is
37 for a controlled substance, the quantity that does not exceed a five day
38 supply if the controlled substance was used in accordance with the
39 directions for use; or (e) issued by a practitioner to be dispensed by a
40 pharmacy located outside the state, as set forth in regulation.
41 § 3. This act shall take effect immediately; provided that if this act
42 shall not have become a law on or before March 27, 2015, this act shall
43 be deemed to have been in full force and effect on and after March 27,
44 2015.
