Provides pharmacists access to New York's prescription drug monitoring program resources and requires practitioners and pharmacists to check the controlled substance abuse registry before prescribing analgesics.
STATE OF NEW YORK
________________________________________________________________________
5890
2011-2012 Regular Sessions
IN SENATE
September 14, 2011
___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public health law, in relation to providing pharma-
cists access to New York's prescription drug monitoring program
resources and requiring practitioners and pharmacists to check the
controlled substance abuse registry before prescribing analgesics
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3308 of the public health law is amended by adding
2 a new subdivision 7 to read as follows:
3 7. The commissioner shall develop a system to ensure compliance with
4 section thirty-three hundred twenty-three of this article. Such system
5 shall, at a minimum:
6 (a) cross-check the prescriptions submitted by pharmacists with the
7 practitioners and pharmacists consulting the registry pursuant to
8 section thirty-three hundred twenty-three of this article.
9 (b) establish an appropriate fine scale for practitioners or pharma-
10 cists found by the department to not be consulting the registry in
11 violation of section thirty-three hundred twenty-three of this article
12 followed by more serious punishments for repeat offenses.
13 § 2. The public health law is amended by adding a new section 3323 to
14 read as follows:
15 § 3323. Practitioners' and pharmacists' duties in relation to
16 prescription analgesics. 1. Every practitioner shall, prior to prescrib-
17 ing any analgesic, consult the central registry established pursuant to
18 this article to determine:
19 (a) what other prescriptions the patient being prescribed such anal-
20 gesic is currently taking;
21 (b) whether such patient may be under treatment with a prescription
22 analgesic by another practitioner; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13436-01-1
S. 5890 2
1 (c) whether such patient's prescription history indicates a possibil-
2 ity of drug abuse, addiction or diversion.
3 2. Every pharmacist shall, prior to filling a prescription for any
4 analgesic, consult the central registry established pursuant to this
5 article to determine:
6 (a) whether such patient may be under treatment with a prescription
7 analgesic obtained at another pharmacy; and
8 (b) whether such patient's prescription history indicates a possibil-
9 ity of drug abuse, addiction or diversion.
10 § 3. Paragraphs (d) and (e) of subdivision 1 of section 3371 of the
11 public health law, as amended by chapter 178 of the laws of 2010, are
12 amended and a new paragraph (f) is added to read as follows:
13 (d) to a central registry established pursuant to this article; [and]
14 (e) to a practitioner to inform him or her that a patient may be under
15 treatment with a controlled substance by another practitioner; or
16 (f) to a pharmacist to inform the pharmacist that a person who
17 presents or has presented a prescription for one or more prescription
18 analgesics at the pharmacy may have also obtained one or more
19 prescription analgesics from another pharmacy.
20 § 4. This act shall take effect immediately; provided, however, that
21 section two of this act shall take effect on the one hundred twentieth
22 day after it shall have become a law.
