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S06778 Summary:

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S06778 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6778
 
                    IN SENATE
 
                                    February 22, 2016
                                       ___________
 
        Introduced  by  Sen.  HANNON -- 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
 
          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
        S. 6778                             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.