A09334 Summary:

BILL NOA09334
 
SAME ASSAME AS S06778
 
SPONSORGottfried
 
COSPNSRFahy, Lupardo
 
MLTSPNSR
 
Amd §281, Pub Health L; amd §6810, Ed L
 
Relates to exceptions to requirements for electronic prescriptions for oral prescriptions.
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A09334 Actions:

BILL NOA09334
 
02/19/2016referred to health
02/25/2016reported
02/26/2016advanced to third reading cal.411
03/17/2016substituted by s6778
 S06778 AMEND= HANNON
 02/22/2016REFERRED TO HEALTH
 03/01/20161ST REPORT CAL.285
 03/02/20162ND REPORT CAL.
 03/07/2016ADVANCED TO THIRD READING
 03/08/2016PASSED SENATE
 03/08/2016DELIVERED TO ASSEMBLY
 03/08/2016referred to health
 03/17/2016substituted for a9334
 03/17/2016ordered to third reading cal.411
 03/17/2016passed assembly
 03/17/2016returned to senate
 09/20/2016DELIVERED TO GOVERNOR
 09/29/2016VETOED MEMO.218
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A09334 Memo:

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
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A09334 Text:



 
                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.
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