Provides exemptions from certain requirements for electronic prescriptions for oral prescriptions issued to patients in health care facilities, nursing homes and residential care facilities.
STATE OF NEW YORK
________________________________________________________________________
4183
2019-2020 Regular Sessions
IN SENATE
March 4, 2019
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed 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; and
providing for the repeal of such provisions upon the expiration there-
of
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] (e) issued by a practitioner to be dispensed by a pharmacy
14 located outside the state, as set forth in regulation[.]; or (f) issued
15 as an oral prescription by an agent who is a health care practitioner,
16 for patients in nursing homes and residential health care facilities
17 under paragraph (b) of subdivision four of section sixty-eight hundred
18 ten of the education law.
19 § 2. Paragraphs (d) and (e) of subdivision 10 of section 6810 of the
20 education law, as amended by chapter 13 of the laws of 2015, are amended
21 and a new paragraph (f) is added to read as follows:
22 (d) issued by a practitioner under circumstances where, notwithstand-
23 ing the practitioner's present ability to make an electronic
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04033-05-9
S. 4183 2
1 prescription as required by this subdivision, such practitioner reason-
2 ably determines that it would be impractical for the patient to obtain
3 substances prescribed by electronic prescription in a timely manner, and
4 such delay would adversely impact the patient's medical condition,
5 provided that if such prescription is for a controlled substance, the
6 quantity that does not exceed a five day supply if the controlled
7 substance was used in accordance with the directions for use; [or] (e)
8 issued by a practitioner to be dispensed by a pharmacy located outside
9 the state, as set forth in regulation[.]; or (f) issued as an oral
10 prescription by an agent who is a health care practitioner, for patients
11 in nursing homes and residential health care facilities under paragraph
12 (b) of subdivision four of this section.
13 § 3. This act shall take effect October 31, 2019 and shall expire and
14 be deemed repealed on and after October 31, 2021.
