NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9334
SPONSOR: Gottfried TITLE OF BILL:
An act to amend the public health law and the education law, in relation
to exceptions to requirements for electronic prescriptions
PURPOSE OR GENERAL IDEA OF BILL:
to require the mandatory electronic prescribing system accommodate the
nursing home medication administration system.
SUMMARY OF SPECIFIC PROVISIONS:
Amends Public Health Law § 281 and Education Law § 6810, to allow non-e-
lectronic prescriptions to be made through the long-established mech-
anism of oral prescriptions being submitted by nursing homes for their
residents.
JUSTIFICATION:
The law that requires all prescriptions for both non-controlled and
controlled substances be electronically prescribed will go into effect
on March 27, 2016. This bill will address an unintended consequence for
nursing home care.
For decades, nurses, acting as the agent to the physician, have been
authorized to take oral orders from the physician for non-controlled
medications through the nursing home medication administration system to
deliver medications to residents safely and without delay. In this long-
standing system, the physician then routinely signs the oral orders
within 48 hours.
Physicians are not physically present in nursing homes 24 hours a day.
Nurses serve a vital role ensuring proper medication administration in
nursing homes. This bill is necessary to assure that physician's orders
are timely filled to protect the health and well-being for each resident
in a safe and secure method.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
none to the state.
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
9334
IN ASSEMBLY
February 19, 2016
___________
Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Health
AN ACT to amend the public health law and the education law, in relation
to exceptions to requirements for electronic prescriptions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (d) and (e) of subdivision 3 of section 281 of
2 the public health law, as amended by chapter 13 of the laws of 2015 are
3 amended, and a new paragraph (f) is added to read as follows:
4 (d) issued by a practitioner under circumstances where, notwithstand-
5 ing the practitioner's present ability to make an electronic
6 prescription as required by this subdivision, such practitioner reason-
7 ably determines that it would be impractical for the patient to obtain
8 substances prescribed by electronic prescription in a timely manner, and
9 such delay would adversely impact the patient's medical condition,
10 provided that if such prescription is for a controlled substance, the
11 quantity of controlled substances does not exceed a five day supply if
12 the controlled substance were used in accordance with the directions for
13 use; [or]
14 (e) issued by a practitioner to be dispensed by a pharmacy located
15 outside the state, as set forth in regulation[.]; or
16 (f) issued as an oral prescription under paragraph (b) of subdivision
17 four of section 6810 of the education law.
18 § 2. Paragraphs (d) and (e) of subdivision 10 of section 6810 of the
19 education law, as amended by chapter 13 of the laws of 2015, are
20 amended, and a new paragraph (f) is added to read as follows:
21 (d) issued by a practitioner under circumstances where, notwithstand-
22 ing the practitioner's present ability to make an electronic
23 prescription as required by this subdivision, such practitioner reason-
24 ably determines that it would be impractical for the patient to obtain
25 substances prescribed by electronic prescription in a timely manner, and
26 such delay would adversely impact the patient's medical condition,
27 provided that if such prescription is for a controlled substance, the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14203-01-6
A. 9334 2
1 quantity that does not exceed a five day supply if the controlled
2 substance was used in accordance with the directions for use; [or]
3 (e) issued by a practitioner to be dispensed by a pharmacy located
4 outside the state, as set forth in regulation[.]; or
5 (f) issued as an oral prescription under paragraph (b) of subdivision
6 four of this section.
7 § 3. This act shall take effect immediately; provided that if this act
8 becomes a law after March 27, 2016, it shall be deemed to have been in
9 effect on and after that date.
