Relates to allowing prescriptions for controlled substances that are normally restricted to a thirty-day supply to be issued for greater than a thirty-day supply during a state of emergency.
STATE OF NEW YORK
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7348
2021-2022 Regular Sessions
IN SENATE
August 25, 2021
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Introduced by Sen. HOYLMAN -- 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 allowing
prescriptions for controlled substances that are normally restricted
to a thirty-day supply, to be issued for greater than a thirty-day
supply during an emergency
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 3332 of the public health law, as
2 amended by chapter 178 of the laws of 2010, is amended to read as
3 follows:
4 3. (a) No such prescription shall be made for a quantity of controlled
5 substances which would exceed a thirty day supply if the controlled
6 substance were used in accordance with the directions for use specified
7 on the prescription. A practitioner may, however, issue a prescription
8 for up to a three month supply of a controlled substance provided that
9 the controlled substance has been prescribed to treat one of the condi-
10 tions that have been enumerated by the commissioner pursuant to regu-
11 lations as warranting the prescribing of greater than a thirty day
12 supply of a controlled substance and that the practitioner specifies the
13 condition on the face of the prescription. No additional prescriptions
14 for a controlled substance may be issued by a practitioner to an ulti-
15 mate user within thirty days of the date of any prescription previously
16 issued unless and until the ultimate user has exhausted all but a seven
17 day supply of the controlled substance provided by any previously issued
18 prescription. A practitioner may, however, issue a prescription for up
19 to a six month supply of any substance listed in subdivision (h) of
20 Schedule II of section thirty-three hundred six of this article provided
21 that such substance has been prescribed to treat one of the conditions
22 that have been enumerated by the commissioner pursuant to regulations as
23 warranting the prescribing of a six month supply and that the practi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10224-01-1
S. 7348 2
1 tioner specifies the condition on the prescription or on the electronic
2 prescription.
3 (b) Notwithstanding the provisions of paragraph (a) of this subdivi-
4 sion, during an emergency that interferes with patients readily obtain-
5 ing prescription drugs from pharmacies, subject to regulations or orders
6 of the commissioner, a practitioner may issue a prescription for a quan-
7 tity of a controlled substance that would exceed a thirty-day supply if
8 such prescription is consistent with a written treatment plan that
9 follows generally accepted national, professional, or governmental
10 guidelines, and the treatment plan is noted in the patient's medical
11 record.
12 § 2. This act shall take effect immediately.
