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A09837 Summary:

A09837 Actions:

A09837 Committee Votes:

A09837 Floor Votes:

A09837 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9837
 
                   IN ASSEMBLY
 
                                     April 14, 2016
                                       ___________
 
        Introduced  by M. of A. GOTTFRIED, ABINANTI, BENEDETTO, BICHOTTE, BLAKE,
          CAHILL, COLTON, COOK, CRESPO, CYMBROWITZ, DINOWITZ, FAHY, GALEF, HOOP-
          ER, JAFFEE, MARKEY,  MAYER,  McDONOUGH,  PAULIN,  PEOPLES-STOKES,  RA,
          RAIA,  SEAWRIGHT,  SIMON, SOLAGES, STECK, THIELE, TITONE, ZEBROWSKI --
          Multi-Sponsored by -- M. of A.  BRENNAN,  BUCHWALD,  CERETTO,  CROUCH,
          ENGLEBRIGHT,  GLICK,  HYNDMAN,  MAGEE,  McKEVITT, NOLAN, SIMANOWITZ --
          read once and referred to the Committee on Health
 
        AN ACT to amend the public health law and the education law, in relation
          to transmission and hard copies of electronic prescriptions
 
          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 8 to read as follows:
     3    8.  (a)  As  used  in  this  section,  "electronic prescription" shall
     4  include a prescription that is electronically transmitted to a site from
     5  which a pharmacy can  download  the  prescription  for  the  purpose  of
     6  dispensing it according to the terms of the prescription.
     7    (b)  Where  a  practitioner  issues an electronic prescription, at the
     8  request or with the consent of the patient for whom  a  prescription  is
     9  issued:
    10    (i) The practitioner shall electronically transmit the prescription to
    11  a  site  from  which a pharmacy can download the prescription under this
    12  subparagraph. However, the practitioner shall not be required to  comply
    13  with  this subparagraph if the practitioner informs the patient that the
    14  practitioner is not able to do so or if the patient intends to have  the
    15  prescription  dispensed  by a pharmacy that the practitioner is informed
    16  is not able to do so. A pharmacy may download the prescription  for  the
    17  purpose of dispensing it at the direction of the patient or other person
    18  to  whom  the  pharmacy  would  be  authorized  to  deliver  the product
    19  prescribed.
    20    (ii) The practitioner shall, at the request of the patient for whom  a
    21  prescription  is  issued,  provide  the  patient with a hard copy of the
    22  prescription, including information identifying the site or pharmacy  to
    23  which the prescription has been sent electronically.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14809-02-6
        A. 9837                             2
 
     1    (c) The commissioner shall make regulations under this subdivision, in
     2  consultation  with  the  commissioner of education, including protection
     3  for the security of prescriptions and the confidentiality of individual-
     4  ly-identifiable patient information.
     5    §  2.  Section  6810  of  the education law is amended by adding a new
     6  subdivision 16 to read as follows:
     7    16. (a) As used  in  this  section,  "electronic  prescription"  shall
     8  include a prescription that is electronically transmitted to a site from
     9  which  a  pharmacy  can  download  the  prescription  for the purpose of
    10  dispensing it according to the terms of the prescription.
    11    (b) Where a practitioner issues an  electronic  prescription,  at  the
    12  request  or  with  the consent of the patient for whom a prescription is
    13  issued:
    14    (i) The practitioner shall electronically transmit the prescription to
    15  a site from which a pharmacy can download the  prescription  under  this
    16  subparagraph.  However, the practitioner shall not be required to comply
    17  with this subparagraph if the practitioner informs the patient that  the
    18  practitioner  is not able to do so or if the patient intends to have the
    19  prescription dispensed by a pharmacy that the practitioner  is  informed
    20  is  not  able to do so. A pharmacy may download the prescription for the
    21  purpose of dispensing it at the direction of the patient or other person
    22  to whom  the  pharmacy  would  be  authorized  to  deliver  the  product
    23  prescribed.
    24    (ii)  The practitioner shall, at the request of the patient for whom a
    25  prescription is issued, provide the patient with  a  hard  copy  of  the
    26  prescription,  including information identifying the site or pharmacy to
    27  which the prescription has been sent electronically.
    28    (c) The commissioner shall make regulations under this subdivision, in
    29  consultation with the commissioner of health, including  protection  for
    30  the security of prescriptions and the confidentiality of individually-i-
    31  dentifiable patient information.
    32    §  3.  This  act  shall take effect on the sixtieth day after it shall
    33  become a law.