S07637 Summary:
BILL NO | S07637 |
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SAME AS | SAME AS A10623 |
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SPONSOR | LANZA |
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COSPNSR | HANNON, GOLDEN, SALAND, ALESI, AVELLA, BALL, BONACIC, CARLUCCI, DEFRANCISCO, FARLEY, FLANAGAN, FUSCHILLO, GALLIVAN, GRIFFO, GRISANTI, HASSELL-THOMPSON, JOHNSON, KENNEDY, KLEIN, LARKIN, LAVALLE, LIBOUS, LITTLE, MARCELLINO, MARTINS, MAZIARZ, MCDONALD, MONTGOMERY, NOZZOLIO, O'MARA, PERALTA, RANZENHOFER, RITCHIE, ROBACH, SAVINO, SEWARD, SKELOS, STOROBIN, VALESKY, YOUNG, ZELDIN |
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MLTSPNSR | |
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Rpld S21, S3306 schedule II sub (b) 6, amd Pub Health L, generally; amd S6810, Ed L; amd S220.00, Pen L | |
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Enacts the Internet system for tracking over-prescribing (I-STOP) act and creates a prescription monitoring program registry (part A); relates to prescription drug forms, electronic prescribing and language assistance (part B); relates to schedules of controlled substances (part C); relates to continuing education for practitioners and pharmacists in prescription pain medication awareness and the duties of the pain management awareness workgroup (part D); relates to the safe disposal of controlled substances (part E). |
S07637 Actions:
BILL NO | S07637 | |||||||||||||||||||||||||||||||||||||||||||||||||
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06/08/2012 | REFERRED TO HEALTH | |||||||||||||||||||||||||||||||||||||||||||||||||
06/11/2012 | REPORTED AND COMMITTED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/11/2012 | ORDERED TO THIRD READING CAL.1142 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/11/2012 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/11/2012 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
06/11/2012 | referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/11/2012 | substituted for a10623 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/11/2012 | ordered to third reading rules cal.142 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/11/2012 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/11/2012 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
08/27/2012 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
08/27/2012 | SIGNED CHAP.447 |
S07637 Floor Votes:
Yes
Abbate
Yes
Ceretto
Yes
Glick
Yes
Lentol
Yes
Murray
Yes
Ryan
Yes
Abinanti
Yes
Clark
Yes
Goldfeder
Yes
Lifton
Yes
Nolan
Yes
Saladino
Yes
Amedore
Yes
Colton
Yes
Goodell
Yes
Linares
Yes
Oaks
Yes
Sayward
Yes
Arroyo
ER
Conte
Yes
Gottfried
Yes
Lopez PD
Yes
O'Donnell
Yes
Scarborough
Yes
Aubry
Yes
Cook
Yes
Graf
Yes
Lopez VJ
Yes
Ortiz
Yes
Schimel
Yes
Barclay
Yes
Corwin
Yes
Gunther
Yes
Losquadro
Yes
Palmesano
Yes
Schimminger
Yes
Barrett
ER
Crespo
Yes
Hanna
Yes
Lupardo
Yes
Paulin
Yes
Simanowitz
ER
Barron
Yes
Crouch
Yes
Hawley
Yes
Magee
Yes
Peoples Stokes
Yes
Simotas
Yes
Benedetto
Yes
Curran
Yes
Heastie
Yes
Magnarelli
Yes
Perry
Yes
Skartados
Yes
Blankenbush
Yes
Cusick
Yes
Hevesi
Yes
Maisel
Yes
Pretlow
Yes
Smardz
Yes
Boyland
Yes
Cymbrowitz
Yes
Hikind
Yes
Malliotakis
Yes
Quart
Yes
Stevenson
Yes
Boyle
Yes
DenDekker
Yes
Hooper
Yes
Markey
Yes
Ra
Yes
Sweeney
Yes
Braunstein
Yes
Dinowitz
Yes
Jacobs
Yes
Mayer
Yes
Rabbitt
Yes
Tedisco
Yes
Brennan
Yes
Duprey
Yes
Jaffee
Yes
McDonough
Yes
Raia
Yes
Tenney
Yes
Brindisi
Yes
Englebright
ER
Jeffries
Yes
McEneny
Yes
Ramos
Yes
Thiele
Yes
Bronson
Yes
Espinal
Yes
Johns
Yes
McKevitt
Yes
Reilich
ER
Titone
Yes
Brook Krasny
Yes
Farrell
Yes
Jordan
Yes
McLaughlin
Yes
Reilly
Yes
Titus
Yes
Burling
Yes
Finch
Yes
Katz
ER
Meng
ER
Rivera J
Yes
Tobacco
Yes
Butler
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Miller D
ER
Rivera N
Yes
Walter
Yes
Cahill
Yes
Friend
Yes
Kearns
Yes
Miller JM
Yes
Rivera PM
Yes
Weinstein
Yes
Calhoun
Yes
Gabryszak
ER
Kellner
Yes
Miller MG
Yes
Roberts
Yes
Weisenberg
Yes
Camara
Yes
Galef
Yes
Kolb
Yes
Millman
Yes
Robinson
Yes
Weprin
Yes
Canestrari
Yes
Gantt
ER
Lancman
Yes
Montesano
Yes
Rodriguez
Yes
Wright
Yes
Castelli
Yes
Gibson
Yes
Latimer
Yes
Morelle
Yes
Rosenthal
Yes
Zebrowski
Yes
Castro
Yes
Giglio
Yes
Lavine
Yes
Moya
Yes
Russell
Yes
Mr. Speaker
‡ Indicates voting via videoconference
S07637 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 7637 IN SENATE June 8, 2012 ___________ Introduced by Sens. LANZA, HANNON, GOLDEN, SALAND -- (at request of the Governor) -- (at request of the Attorney General) -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to enacting the internet system for tracking over-prescribing (I-STOP) act and creat- ing a prescription monitoring program registry (Part A); to amend the public health law and the education law, in relation to prescription drug forms, electronic prescribing and language assistance; and to repeal section 21 of the public health law, relating thereto (Part B); to amend the public health law and the penal law, in relation to sche- dules of controlled substances; and to repeal certain provisions of the public health law relating thereto (Part C); to amend the public health law, in relation to continuing education for practitioners and pharmacists in prescription pain medication awareness and the duties of the prescription pain management awareness workgroup (Part D); and to amend the public health law, in relation to the safe disposal of controlled substances (Part E) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and intent. The legislature finds 2 that prescription drugs, particularly controlled substances, are 3 increasingly subject to criminal diversion and abuse, which can result 4 in addiction, adverse drug events, accidental death due to overdose, 5 violent or self-injurious behavior, family conflicts, and increased 6 costs to businesses and the health care system. 7 The legislature further finds that such diversion and abuse will be 8 mitigated by: establishing a prescription monitoring program registry 9 containing data about controlled substances dispensed to individuals, 10 reported on a real time basis; requiring health care practitioners and 11 permitting pharmacists to access such registry before prescribing or 12 dispensing additional such substances; and requiring that prescriptions 13 be transmitted electronically from practitioners to pharmacists. There- 14 fore, the legislature finds it appropriate and necessary to establish a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. S LBD12123-11-2S. 7637 2 1 prescription monitoring program registry that is designed to utilize 2 real time data, integrate electronic prescribing, combat overprescribing 3 and doctor-shopping, and curtail abuse and illegal diversion without 4 compromising access to controlled substances for legitimate health care 5 purposes. The legislature further finds that these objectives will be 6 promoted by updating the state's schedules of controlled substances, 7 establishing a program for the safe disposal of controlled substances by 8 consumers, and enhancing opportunities to promote education about 9 controlled substances for the public and practitioners. 10 § 2. This act enacts into law major components of legislation which 11 are necessary to implement fundamental changes to the way controlled 12 substances are prescribed, dispensed and monitored in this state. Each 13 component is wholly contained within a Part identified as Parts A 14 through E. The effective date of each particular provision contained 15 within such Part is set forth in the last section of such Part. Any 16 provision in any section contained within a Part, including the effec- 17 tive date of the Part, which makes reference to a section "of this act", 18 when used in connection with that particular component, shall be deemed 19 to mean and refer to the corresponding section of the Part in which it 20 is found. Section four of this act sets forth the general effective date 21 of this act. 22 PART A 23 Section 1. This act shall be known and may be cited as the "Internet 24 System for Tracking Over-Prescribing (I-STOP) Act". 25 § 2. The public health law is amended by adding a new section 3343-a 26 to read as follows: 27 § 3343-a. Prescription monitoring program registry. 1. Establishment 28 of system. (a) The commissioner shall, in accordance with the provisions 29 of this section, establish and maintain an electronic system for 30 collecting, monitoring and reporting information concerning the 31 prescribing and dispensing of controlled substances, to be known as the 32 prescription monitoring program registry. The registry shall include 33 information reported by pharmacies on a real time basis, as set forth in 34 subdivision four of section thirty-three hundred thirty-three of this 35 article. 36 (b) The registry shall include, for each person to whom a prescription 37 for controlled substances has been dispensed, all patient-specific 38 information covering such period of time as is deemed appropriate and 39 feasible by the commissioner, but no less than six months and no more 40 than five years. Such patient-specific information shall be obtained 41 from the prescription information reported by pharmacies pursuant to 42 subdivision four of section thirty-three hundred thirty-three of this 43 article and by practitioners who dispense pursuant to subdivision six of 44 section thirty-three hundred thirty-one of this article, and shall be 45 processed and included in the registry by the department without undue 46 delay. For purposes of this article, "patient-specific information" 47 means information pertaining to individual patients included in the 48 registry, which shall include the following information and such other 49 information as is required by the department in regulation: 50 (i) the patient's name; 51 (ii) the patient's residential address; 52 (iii) the patient's date of birth; 53 (iv) the patient's gender; 54 (v) the date on which the prescription was issued;S. 7637 3 1 (vi) the date on which the controlled substance was dispensed; 2 (vii) the metric quantity of the controlled substance dispensed; 3 (viii) the number of days supply of the controlled substance 4 dispensed; 5 (ix) the name of the prescriber; 6 (x) the prescriber's identification number, as assigned by the drug 7 enforcement administration; 8 (xi) the name or identifier of the drug that was dispensed; and 9 (xii) the payment method. 10 (c) The registry shall be secure, easily accessible by practitioners 11 and pharmacists, and compatible with the electronic transmission of 12 prescriptions for controlled substances, as required by section two 13 hundred eighty-one of this chapter, and section sixty-eight hundred ten 14 of the education law, and any regulations promulgated pursuant thereto. 15 To the extent practicable, implementation of the electronic transmission 16 of prescriptions for controlled substances shall serve to streamline 17 consultation of the registry by practitioners and reporting of 18 prescription information by pharmacists. The registry shall be interop- 19 erable with other similar registries operated by federal or state 20 governments, to the extent deemed appropriate by the commissioner, and 21 subject to the provisions of section thirty-three hundred seventy-one-a 22 of this article. 23 (d) The department shall establish and implement such protocols as are 24 reasonably necessary to ensure that information contained in the regis- 25 try is maintained in a secure and confidential manner and is accessible 26 only by practitioners, pharmacists or their designees for the purposes 27 established in subdivisions two and three of this section, or as other- 28 wise set forth in sections thirty-three hundred seventy-one and thirty- 29 three hundred seventy-one-a of this article. Such protocols shall 30 include a mechanism for the department to monitor and record access to 31 the registry, which shall identify the authorized individual accessing 32 and each controlled substance history accessed. 33 2. Duty to consult prescription monitoring program registry; practi- 34 tioners. (a) Every practitioner shall consult the prescription monitor- 35 ing program registry prior to prescribing or dispensing any controlled 36 substance listed on schedule II, III or IV of section thirty-three 37 hundred six of this article, for the purpose of reviewing a patient's 38 controlled substance history as set forth in such registry; provided, 39 however, that nothing in this section shall preclude an authorized prac- 40 titioner, other than a veterinarian, from consulting the registry at his 41 or her option prior to prescribing or dispensing any controlled 42 substance. The duty to consult the registry shall not apply to: 43 (i) veterinarians; 44 (ii) a practitioner dispensing pursuant to subdivision three of 45 section thirty-three hundred fifty-one of this article; 46 (iii) a practitioner administering a controlled substance; 47 (iv) a practitioner prescribing or ordering a controlled substance for 48 use on the premises of an institutional dispenser pursuant to section 49 thirty-three hundred forty-two of this title; 50 (v) a practitioner prescribing a controlled substance in the emergency 51 department of a general hospital, provided that the quantity of 52 controlled substance prescribed does not exceed a five day supply if the 53 controlled substance were used in accordance with the directions for 54 use;S. 7637 4 1 (vi) a practitioner prescribing a controlled substance to a patient 2 under the care of a hospice, as defined by section four thousand two of 3 this chapter; 4 (vii) a practitioner when: 5 (A) it is not reasonably possible for the practitioner to access the 6 registry in a timely manner; 7 (B) no other practitioner or designee authorized to access the regis- 8 try, pursuant to paragraph (b) of this subdivision, is reasonably avail- 9 able; and 10 (C) the quantity of controlled substance prescribed does not exceed a 11 five day supply if the controlled substance were used in accordance with 12 the directions for use; 13 (viii) a practitioner acting in compliance with regulations that may 14 be promulgated by the commissioner as to circumstances under which 15 consultation of the registry would result in a patient's inability to 16 obtain a prescription in a timely manner, thereby adversely impacting 17 the medical condition of such patient; 18 (ix) a situation where the registry is not operational as determined 19 by the department or where it cannot be accessed by the practitioner due 20 to a temporary technological or electrical failure, as set forth in 21 regulation; or 22 (x) a practitioner who has been granted a waiver due to technological 23 limitations that are not reasonably within the control of the practi- 24 tioner, or other exceptional circumstance demonstrated by the practi- 25 tioner, pursuant to a process established in regulation, and in the 26 discretion of the commissioner. 27 (b) For purposes of this section, a practitioner may authorize a 28 designee to consult the prescription monitoring program registry on his 29 or her behalf, provided that: (i) the designee so authorized is employed 30 by the same professional practice or is under contract with such prac- 31 tice; (ii) the practitioner takes reasonable steps to ensure that such 32 designee is sufficiently competent in the use of the registry; (iii) the 33 practitioner remains responsible for ensuring that access to the regis- 34 try by the designee is limited to authorized purposes and occurs in a 35 manner that protects the confidentiality of the information obtained 36 from the registry, and remains responsible for any breach of confiden- 37 tiality; and (iv) the ultimate decision as to whether or not to 38 prescribe or dispense a controlled substance remains with the practi- 39 tioner and is reasonably informed by the relevant controlled substance 40 history information obtained from the registry. The commissioner shall 41 establish in regulation reasonable parameters with regard to a practi- 42 tioner's ability to authorize designees pursuant to this section, which 43 shall include processes necessary to allow the department to: (A) grant 44 access to the registry in a reasonably prompt manner to as many desig- 45 nees as are authorized by practitioners, up to the number deemed appro- 46 priate by the commissioner for particular professional practices or 47 types of practices, taking into account the need to maintain security of 48 the registry and the patient-specific information maintained therein, 49 and the objective of minimizing burdens to practitioners to the extent 50 practicable; (B) require that practitioners notify the department upon 51 terminating the authorization of any designee; and (C) establish a mech- 52 anism to prevent such terminated designees from accessing the registry 53 in a reasonably prompt manner following such notification. 54 3. Authority to consult prescription monitoring program registry; 55 pharmacists. (a) A pharmacist may consult the prescription monitoring 56 program registry in order to review the controlled substance history ofS. 7637 5 1 an individual for whom one or more prescriptions for controlled 2 substances is presented to such pharmacist. 3 (b) For purposes of this section, a pharmacist may designate another 4 pharmacist, a pharmacy intern, as defined by section sixty-eight hundred 5 six of the education law, or other individual as may be permitted by the 6 commissioner in regulation, to consult the prescription monitoring 7 program registry on the pharmacist's behalf, provided that such designee 8 is employed by the same pharmacy or is under contract with such pharma- 9 cy. The commissioner shall establish in regulation reasonable parame- 10 ters with regard to a pharmacist's ability to authorize designees pursu- 11 ant to this section, which shall include processes necessary to allow 12 the department to: (A) grant access to the registry in a reasonably 13 prompt manner to as many designees as are authorized by pharmacists, up 14 to the number deemed appropriate by the commissioner for particular 15 pharmacies, taking into account the need to maintain security of the 16 registry and the patient-specific information maintained therein, and 17 the objective of minimizing burdens to pharmacists to the extent practi- 18 cable; (B) require that pharmacists notify the department upon terminat- 19 ing the authorization of any designee; and (C) establish a mechanism to 20 prevent such terminated designees from accessing the registry in a 21 reasonably prompt manner following such notification. 22 4. Immunity. No practitioner or pharmacist, and no person acting on 23 behalf of such practitioner or pharmacist as permitted under this 24 section, acting with reasonable care and in good faith shall be subject 25 to civil liability arising from any false, incomplete or inaccurate 26 information submitted to or reported by the registry or for any result- 27 ing failure of the system to accurately or timely report such informa- 28 tion; provided, however, that nothing in this subdivision shall be 29 deemed to alter the obligation to submit or report prescription informa- 30 tion to the department as otherwise set forth in this article or in 31 regulations promulgated pursuant thereto. 32 5. Guidance to practitioners and pharmacists. The commissioner shall, 33 in consultation with the commissioner of education, provide guidance to 34 practitioners, pharmacists, and pharmacies regarding the purposes and 35 uses of the registry established by this section and the means by which 36 practitioners and pharmacists can access the registry. Such guidance 37 shall reference educational information available pursuant to the 38 prescription pain medication awareness program established pursuant to 39 section thirty-three hundred nine-a of this article. 40 6. Individual access to controlled substance histories. The commis- 41 sioner shall establish procedures by which an individual may: (a) 42 request and obtain his or her own controlled substances history consist- 43 ing of patient-specific information or, in appropriate circumstances, 44 that of a patient who lacks capacity to make health care decisions and 45 for whom the individual has legal authority to make such decisions and 46 would have legal access to the patient's health care records; or (b) 47 seek review of any part of his or her controlled substances history or, 48 in appropriate circumstances, that of a patient who lacks capacity to 49 make health care decisions and for whom the individual has legal author- 50 ity to make such decisions and would have legal access to the patient's 51 health care records, that such individual disputes. Such procedures 52 shall require the department to promptly revise any information accessi- 53 ble through the registry that the department determines to be inaccu- 54 rate. Such procedures shall be described on the department's website and 55 included with the controlled substances history provided to an individ- 56 ual pursuant to a request made under this subdivision or under subpara-S. 7637 6 1 graph (iv) of paragraph (a) of subdivision two of section thirty-three 2 hundred seventy-one of this article. 3 7. Department analysis of data. The department shall periodically 4 analyze data contained in the prescription monitoring program registry 5 to identify information that indicates that a violation of law or breach 6 of professional standards may have occurred and, as warranted, provide 7 any relevant information to appropriate entities as permitted under 8 section thirty-three hundred seventy-one of this article. The depart- 9 ment shall keep a record of the information provided, including, but not 10 limited to, the specific information provided and the agency to which 11 such information was provided, including the name and title of the 12 person to whom such information was provided and an attestation from 13 such person that he or she has authority to receive such information. 14 8. Funding the prescription monitoring program registry. (a) The 15 commissioner shall make reasonable efforts to apply for monies available 16 from the federal government and other institutions, to the extent deemed 17 appropriate by the commissioner, and use any monies so obtained to 18 supplement any other monies made available for the purposes of this 19 title. 20 (b) Operation of the registry established by this section shall not be 21 funded, in whole or in part, by fees imposed specifically for such 22 purposes upon practitioners, pharmacists, designees or patients subject 23 to this section. 24 9. Rules and regulations. The commissioner shall promulgate such rules 25 and regulations as are necessary to effectuate the provisions of this 26 section, in consultation with the work group established pursuant to 27 subdivision three of section thirty-three hundred nine-a of this arti- 28 cle. 29 § 3. Subdivision 4 of section 3333 of the public health law, as 30 amended by chapter 178 of the laws of 2010, is amended to read as 31 follows: 32 4. The endorsed original prescription shall be retained by the propri- 33 etor of the pharmacy for a period of five years. The proprietor of the 34 pharmacy shall file or cause to be filed such prescription information 35 with the department by electronic means [in such manner and detail] on a 36 real time basis as the commissioner in consultation with the commission- 37 er of education shall, by regulation, require; provided, however, that 38 the commissioner may, pursuant to a process established in regulation, 39 grant a waiver allowing a pharmacy to make such filings within a longer 40 period of time if and to the extent that the commissioner finds it 41 warranted, in his or her discretion, due to economic hardship, techno- 42 logical limitations that are not reasonably within the control of the 43 pharmacy, or other exceptional circumstance demonstrated by the 44 pharmacy; and provided, further, however, that such regulations shall 45 specify the manner in which such requirements shall apply to the deliv- 46 ery of controlled substances to individuals in this state by means of 47 mail or licensed express delivery services. 48 § 4. Paragraphs (d) and (e) of subdivision 1 of section 3371 of the 49 public health law, as amended by chapter 178 of the laws of 2010, are 50 amended and five new paragraphs (f), (g), (h), (i) and (j) are added to 51 read as follows: 52 (d) to [a central] the prescription monitoring program registry 53 [established pursuant to this article; and] and to authorized users of 54 such registry as set forth in subdivision two of this section; 55 (e) to a practitioner to inform him or her that a patient may be under 56 treatment with a controlled substance by another practitioner[.] for theS. 7637 7 1 purposes of subdivision two of this section, and to facilitate the 2 department's review of individual challenges to the accuracy of 3 controlled substances histories pursuant to subdivision six of section 4 thirty-three hundred forty-three-a of this article; 5 (f) to a pharmacist to provide information regarding prescriptions for 6 controlled substances presented to the pharmacist for the purposes of 7 subdivision two of this section and to facilitate the department's 8 review of individual challenges to the accuracy of controlled substances 9 histories pursuant to subdivision six of section thirty-three hundred 10 forty-three-a of this article; 11 (g) to the deputy attorney general for medicaid fraud control, or his 12 or her designee, in furtherance of an investigation of fraud, waste or 13 abuse of the Medicaid program, pursuant to an agreement with the depart- 14 ment; 15 (h) to a local health department for the purpose of conducting public 16 health research or education: (i) pursuant to an agreement with the 17 commissioner; (ii) when the release of such information is deemed appro- 18 priate by the commissioner; (iii) for use in accordance with measures 19 required by the commissioner to ensure that the security and confiden- 20 tiality of the data is protected; and (iv) provided that disclosure is 21 restricted to individuals within the local health department who are 22 engaged in the research or education; 23 (i) to a medical examiner or coroner who is an officer of or employed 24 by a state or local government, pursuant to his or her official duties; 25 and 26 (j) to an individual for the purpose of providing such individual with 27 his or her own controlled substance history or, in appropriate circum- 28 stances, in the case of a patient who lacks capacity to make health care 29 decisions, a person who has legal authority to make such decisions for 30 the patient and who would have legal access to the patient's health care 31 records, if requested from the department pursuant to subdivision six of 32 section thirty-three hundred forty-three-a of this article or from a 33 treating practitioner pursuant to subparagraph (iv) of paragraph (a) of 34 subdivision two of this section. 35 § 5. Subdivision 2 of section 3371 of the public health law is renum- 36 bered subdivision 4 and two new subdivisions 2 and 3 are added to read 37 as follows: 38 2. The prescription monitoring program registry may be accessed, under 39 such terms and conditions as are established by the department for 40 purposes of maintaining the security and confidentiality of the informa- 41 tion contained in the registry, by: 42 (a) a practitioner, or a designee authorized by such practitioner 43 pursuant to paragraph (b) of subdivision two of section thirty-three 44 hundred forty-three-a of this article, for the purposes of: (i) inform- 45 ing the practitioner that a patient may be under treatment with a 46 controlled substance by another practitioner; (ii) providing the practi- 47 tioner with notifications of controlled substance activity as deemed 48 relevant by the department, including but not limited to a notification 49 made available on a monthly or other periodic basis through the registry 50 of controlled substances activity pertaining to his or her patient; 51 (iii) allowing the practitioner, through consultation of the 52 prescription monitoring program registry, to review his or her patient's 53 controlled substances history as required by section thirty-three 54 hundred forty-three-a of this article; and (iv) providing to his or her 55 patient, or person authorized pursuant to paragraph (j) of subdivision 56 one of this section, upon request, a copy of such patient's controlledS. 7637 8 1 substance history as is available to the practitioner through the 2 prescription monitoring program registry; or 3 (b) a pharmacist, pharmacy intern or other designee authorized by the 4 pharmacist pursuant to paragraph (b) of subdivision three of section 5 thirty-three hundred forty-three-a of this article, for the purposes of: 6 (i) consulting the prescription monitoring program registry to review 7 the controlled substances history of an individual for whom one or more 8 prescriptions for controlled substances is presented to the pharmacist, 9 pursuant to section thirty-three hundred forty-three-a of this article; 10 and (ii) receiving from the department such notifications of controlled 11 substance activity as are made available by the department. 12 3. Where it has reason to believe that a crime related to the diver- 13 sion of controlled substances has been committed, the department may 14 notify appropriate law enforcement agencies and provide relevant infor- 15 mation about the suspected criminal activity, including controlled 16 substances prescribed or dispensed, as reasonably appears to be neces- 17 sary. The department shall keep a record of the information provided, 18 including, but not limited to: the specific information provided and the 19 agency to which such information was provided, including the name and 20 title of the person to whom such information was provided and an attes- 21 tation from such person that he or she has authority to receive such 22 information. 23 § 6. Section 3302 of the public health law is amended by adding a new 24 subdivision 41 to read as follows: 25 41. "Registry" or "prescription monitoring program registry" means the 26 prescription monitoring program registry established pursuant to section 27 thirty-three hundred forty-three-a of this article. 28 § 7. This act shall take effect one year after it shall have become a 29 law; provided, however, that: 30 (a) the commissioners of health and education are authorized to add, 31 amend or repeal any rule or regulation necessary and take other action 32 necessary for the implementation of such provisions on such effective 33 date; 34 (b) prior to such effective date, to the extent practicable, the 35 department of health shall authorize practitioners, pharmacists and 36 designees to access the prescription monitoring registry as set forth in 37 this act and shall permit such access prior to such effective date, to 38 the extent practicable; and 39 (c) nothing in subdivision (b) of this section shall require a practi- 40 tioner to consult the registry prior to the effective date of this act. 41 PART B 42 Section 1. Sections 270 through 276 and section 277 of article 2-A of 43 the public health law are designated title I and a new title heading is 44 added to read as follows: 45 PREFERRED DRUG AND CLINICAL DRUG REVIEW PROGRAMS 46 § 1-a. Sections 276-a and 276-b of article 2-A of the public health 47 law are renumbered sections 278 and 279, respectively, and such sections 48 and section 280 of such article are designated title II and a new title 49 heading is added to read as follows: 50 PRESCRIPTION DRUGS; VARIOUS PROVISIONS 51 § 2. Article 2-A of the public health law is amended by adding a new 52 title III to read as follows: 53 TITLE III 54 PRESCRIPTION FORMS, ELECTRONIC PRESCRIBING AND LANGUAGE ASSISTANCES. 7637 9 1 Section 281. Official New York state prescription forms. 2 § 281. Official New York state prescription forms. 1. In addition to 3 the requirements of section sixty-eight hundred ten of the education law 4 or article thirty-three of this chapter, all prescriptions written in 5 this state by a person authorized by this state to issue such 6 prescriptions shall be on serialized official New York state 7 prescription forms provided by the department. Such forms shall be 8 furnished to practitioners authorized to write prescriptions and to 9 institutional dispensers, and shall be non-reproducible and non-trans- 10 ferable. The commissioner, in consultation with the commissioner of 11 education, may promulgate emergency regulations for the electronic tran- 12 smission of prescriptions from prescribers to pharmacists or for order- 13 ing and filling requirements of prescription drugs for prescriptions 14 written for recipients eligible for medical assistance pursuant to title 15 eleven of article five of the social services law, for participants in 16 the program for elderly pharmaceutical insurance coverage pursuant to 17 title three of article two of the elder law and for prescriptions writ- 18 ten pursuant to article thirty-three of this chapter. Nothing in this 19 section shall prohibit the commissioner in consultation with the commis- 20 sioner of education from promulgating any additional emergency regu- 21 lations in furtherance of this subdivision. 22 2. The commissioner, in consultation with the commissioner of educa- 23 tion, shall promulgate regulations requiring that prescription forms and 24 electronic prescriptions include: (a) a section wherein prescribers may 25 indicate whether an individual is limited English proficient, as defined 26 in section sixty-eight hundred twenty-nine of the education law; and (b) 27 if the patient is limited English proficient, a line where the prescri- 28 ber may specify the preferred language indicated by the patient. Fail- 29 ure to include such indication on the part of the prescriber shall not 30 invalidate the prescription. 31 3. On or before December thirty-first, two thousand twelve, the 32 commissioner shall promulgate regulations, in consultation with the 33 commissioner of education, establishing standards for electronic 34 prescriptions. Notwithstanding any other provision of this section or 35 any other law to the contrary, effective two years subsequent to the 36 date on which such regulations are promulgated, no person shall issue 37 any prescription in this state unless such prescription is made by elec- 38 tronic prescription from the person issuing the prescription to a phar- 39 macy in accordance with such regulatory standards, except for 40 prescriptions: (a) issued by veterinarians; (b) issued in circumstances 41 where electronic prescribing is not available due to temporary techno- 42 logical or electrical failure, as set forth in regulation; (c) issued by 43 practitioners who have received a waiver or a renewal thereof for a 44 specified period determined by the commissioner, not to exceed one year, 45 from the requirement to use electronic prescribing, pursuant to a proc- 46 ess established in regulation by the commissioner, in consultation with 47 the commissioner of education, due to economic hardship, technological 48 limitations that are not reasonably within the control of the practi- 49 tioner, or other exceptional circumstance demonstrated by the practi- 50 tioner; (d) issued by a practitioner under circumstances where, notwith- 51 standing the practitioner's present ability to make an electronic 52 prescription as required by this subdivision, such practitioner reason- 53 ably determines that it would be impractical for the patient to obtain 54 substances prescribed by electronic prescription in a timely manner, and 55 such delay would adversely impact the patient's medical condition, 56 provided that if such prescription is for a controlled substance, theS. 7637 10 1 quantity of controlled substances does not exceed a five day supply if 2 the controlled substance were used in accordance with the directions for 3 use; or (e) issued by a practitioner to be dispensed by a pharmacy 4 located outside the state, as set forth in regulation. 5 4. In the case of a prescription for a controlled substance issued by 6 a practitioner under paragraph (b) of subdivision three of this section, 7 the practitioner shall file information about the issuance of such 8 prescription with the department as soon as practicable, as set forth in 9 regulation. 10 5. In the case of a prescription for a controlled substance issued by 11 a practitioner under paragraph (d) or (e) of subdivision three of this 12 section, the practitioner shall, upon issuing such prescription, file 13 information about the issuance of such prescription with the department 14 by electronic means, as set forth in regulation. 15 6. The waiver process established in regulation pursuant to paragraph 16 (c) of subdivision three of this section shall provide that a practi- 17 tioner prescribing under a waiver must notify the department in writing 18 promptly upon gaining the capability to use electronic prescribing, and 19 that a waiver shall terminate within a specified period of time after 20 the practitioner gains such capability. 21 § 3. Section 6810 of the education law is amended by adding four new 22 subdivisions 10, 11, 12 and 13 to read as follows: 23 10. Notwithstanding any other provision of this section or any other 24 law to the contrary, effective two years subsequent to the date on which 25 regulations establishing standards for electronic prescriptions are 26 promulgated by the commissioner of health, in consultation with the 27 commissioner pursuant to subdivision three of section two hundred eight- 28 y-one of the public health law, no practitioner shall issue any 29 prescription in this state, unless such prescription is made by elec- 30 tronic prescription from the practitioner to a pharmacy, except for 31 prescriptions: (a) issued by veterinarians; (b) issued or dispensed in 32 circumstances where electronic prescribing is not available due to 33 temporary technological or electrical failure, as set forth in regu- 34 lation; (c) issued by practitioners who have received a waiver or a 35 renewal thereof for a specified period determined by the commissioner of 36 health, not to exceed one year, from the requirement to use electronic 37 prescribing, pursuant to a process established in regulation by the 38 commissioner of health, in consultation with the commissioner due to 39 economic hardship, technological limitations that are not reasonably 40 within the control of the practitioner, or other exceptional circum- 41 stance demonstrated by the practitioner; (d) issued by a practitioner 42 under circumstances where, notwithstanding the practitioner's present 43 ability to make an electronic prescription as required by this subdivi- 44 sion, such practitioner reasonably determines that it would be impracti- 45 cal for the patient to obtain substances prescribed by electronic 46 prescription in a timely manner, and such delay would adversely impact 47 the patient's medical condition, provided that if such prescription is 48 for a controlled substance, the quantity that does not exceed a five day 49 supply if the controlled substance was used in accordance with the 50 directions for use; or (e) issued by a practitioner to be dispensed by a 51 pharmacy located outside the state, as set forth in regulation. 52 11. In the case of a prescription issued by a practitioner under para- 53 graph (b) of subdivision ten of this section, the practitioner shall be 54 required to file information about the issuance of such prescription 55 with the department of health as soon as practicable, as set forth in 56 regulation.S. 7637 11 1 12. In the case of a prescription issued by a practitioner under para- 2 graph (d) or (e) of subdivision ten of this section, the practitioner 3 shall, upon issuing such prescription, file information about the issu- 4 ance of such prescription with the department of health by electronic 5 means, as set forth in regulation. 6 13. The waiver process established in regulation pursuant to paragraph 7 (c) of subdivision ten of this section shall provide that a practitioner 8 prescribing under a waiver must notify the department in writing prompt- 9 ly upon gaining the capability to use electronic prescribing, and that a 10 waiver shall terminate within a specified period of time after the prac- 11 titioner gains such capability. 12 § 4. Section 21 of the public health law is REPEALED. 13 § 5. This act shall take effect immediately; provided, however, that 14 the provisions of subdivision 2 of section 281 of the public health law, 15 as added by section two of this act, shall take effect March 30, 2013, 16 except that as of such date, the commissioner of health, the commission- 17 er of education and the state board of pharmacy are immediately author- 18 ized and directed to take actions necessary to implement such provisions 19 as of such date; provided, further, that any rules or regulations that 20 have been adopted or proposed prior to the effective date of this act 21 which are applicable to section 21 of the public health law shall now 22 apply to section 281 of the public health law as added by section two of 23 this act; and provided, further, that any rules or regulations that have 24 been adopted or proposed prior to the effective date of this act which 25 are applicable to sections 276-a and 276-b of the public health law 26 shall now apply to section 278 and 279 of the public health law, respec- 27 tively, renumbered by section one-a of this act. 28 PART C 29 Section 1. Paragraph 1 of subdivision (b) of schedule II of section 30 3306 of the public health law, as amended by chapter 457 of the laws of 31 2006, is amended to read as follows: 32 (1) Opium and opiate, and any salt, compound, derivative, or prepara- 33 tion of opium or opiate, excluding apomorphine, dextrorphan, nalbuphine, 34 nalmefene, naloxone, and naltrexone, and their respective salts, but 35 including the following: 36 1. Raw opium. 37 2. Opium extracts. 38 3. Opium fluid. 39 4. Powdered opium. 40 5. Granulated opium. 41 6. Tincture of opium. 42 7. Codeine. 43 8. Ethylmorphine. 44 9. Etorphine hydrochloride. 45 10. Hydrocodone (also known as dihydrocodeinone). 46 11. Hydromorphone. 47 12. Metopon. 48 13. Morphine. 49 14. Oxycodone. 50 15. Oxymorphone. 51 16. Thebaine. 52 17. Dihydroetorphine. 53 18. Oripavine.S. 7637 12 1 § 2. Schedule II of section 3306 of the public health law is amended 2 by adding a new subdivision (b-1) to read as follows: 3 (b-1) Unless specifically excepted or unless listed in another sched- 4 ule, any material, compound, mixture, or preparation containing any of 5 the following, or their salts calculated as the free anhydrous base or 6 alkaloid, in limited quantities as set forth below: 7 (1) Not more than three hundred milligrams of dihydrocodeinone (hydro- 8 codone) per one hundred milliliters or not more than fifteen milligrams 9 per dosage unit, with a fourfold or greater quantity of an isoquinoline 10 alkaloid of opium. 11 (2) Not more than three hundred milligrams of dihydrocodeinone (hydro- 12 codone) per one hundred milliliters or not more than fifteen milligrams 13 per dosage unit, with one or more active nonnarcotic ingredients in 14 recognized therapeutic amounts. 15 § 3. Section 3307 of the public health law is amended by adding a new 16 subdivision 5 to read as follows: 17 5. The commissioner shall establish minimum standards for the storage, 18 reporting, ordering and record keeping of controlled substances speci- 19 fied in subdivision (b-1) of schedule II of section thirty-three hundred 20 six of this article by manufacturers and distributors as if such 21 substances were set forth in schedule III of section thirty-three 22 hundred six of this article. 23 § 4. Paragraph 6 of subdivision (b) of schedule II of section 3306 of 24 the public health law is REPEALED. 25 § 5. Subdivision (c) of schedule II of section 3306 of the public 26 health law is amended by adding a new paragraph 28 to read as follows: 27 (28) Tapentadol. 28 § 6. Subdivision (d) of schedule II of section 3306 of the public 29 health law, as added by chapter 664 of the laws of 1985, paragraph 5 as 30 added by chapter 178 of the laws of 2010, is amended to read as follows: 31 (d) Stimulants. Unless specifically excepted or unless listed in 32 another schedule, any material, compound, mixture, or preparation which 33 contains any quantity of the following substances having a stimulant 34 effect on the central nervous system, including its salts, isomers, and 35 salts of isomers: 36 (1) Amphetamine[, its salts, optical isomers, and salts of its optical37isomers]. 38 (2) Methamphetamine[, its salts, isomers, and salts of its isomers]. 39 (3) Phenmetrazine [and its salts]. 40 (4) Methylphenidate. 41 (5) Lisdexamfetamine. 42 § 7. Subdivision (g) of schedule II of section 3306 of the public 43 health law is amended by adding a new paragraph 3 to read as follows: 44 (3) Immediate precursor to fentanyl: 45 (i) 4-anilino-N-phenethyl-4-piperidine (ANPP). 46 § 8. Subdivision (h) of schedule II of section 3306 of the public 47 health law, as amended by chapter 178 of the laws of 2010, is amended to 48 read as follows: 49 (h) Anabolic steroids. Unless specifically excepted or unless listed 50 in another schedule, "anabolic steroid" shall mean any drug or hormonal 51 substance, chemically and pharmacologically related to testosterone 52 (other than estrogens, progestins, corticosteroids and dehydroepiandros- 53 terone) [that promotes muscle growth, or any material, compound,54mixture, or preparation which contains any amount of the following55substances] and includes: 56 (1) 3{beta}, 17-dihydroxy-5a-androstane.S. 7637 13 1 (2) 3{alpha}, 17{beta}-dihydroxy-5a-androstane. 2 (3) 5{alpha}-androstan-3,17-dione. 3 (4) 1-androstenediol (3{beta},17{beta}-dihydroxy-5{alpha}-androst-1- 4 ene). 5 (5) 1-androstenediol (3{alpha},17{beta}-dihydroxy-5{alpha}-androst-1- 6 ene). 7 (6) 4-androstenediol (3{beta}, 17{beta}-dihydroxy-androst-4-ene). 8 (7) 5-androstenediol (3{beta}, 17{beta}-dihydroxy-androst-5-ene). 9 (8) 1-androstenedione ({5{alpha}}-androst-1-en-3,17-dione). 10 (9) 4-androstenedione (androst-4-en-3,17-dione). 11 (10) 5-androstenedione (androst-5-en-3,17-dione). 12 (11) Bolasterone (7{alpha},17{alpha}-dimethyl-17{beta}-hydroxyandrost- 13 4-en-3-one). 14 (12) Boldenone (17{beta}-hydroxyandrost-1, 4,-diene-3-one). 15 (13) Boldione (androsta-1,4-diene-3,17-dione). 16 (14) Calusterone (7{beta}, 17{alpha}-dimethyl-17{beta}-hydroxyandrost- 17 4-en-3-one). 18 [(14)] (15) Clostebol (4-chloro-17{beta}-hydroxyandrost-4-en-3-one). 19 [(15)] (16) Dehydrochloromethyltestosterone [(4-chloro-17{beta}-20hydroxy-17{alpha}-methyl-androst-1] (4-chloro-17{beta}-hydroxy-17 21 {alpha}-methyl-androst-1, 4-dien-3-one). 22 [(16)] (17) {Delta} 1-dihydrotestosterone (a.k.a. '1-testosterone') 23 (17 {beta}-hydroxy-5{alpha}-androst-1-en-3-one). 24 [(17)] (18) 4-dihydrotestosterone (17{beta}-hydroxy-androstan-3-one). 25 [(18)] (19) Drostanolone (17{beta}-hydroxy-2{alpha}-methyl-5{alpha} 26 -androstan-3-one). 27 [(19)] (20) Ethylestrenol (17{alpha}-ethyl-17{beta}-hydroxyestr- 28 4-ene). 29 [(20)] (21) Fluoxymesterone (9-fluoro-17{alpha}-methyl-11{beta}, 17 30 {beta}-[dihydroxandrost]dihydroxyandrost-4-en-3-one). 31 [(21)] (22) Formebolone (2-formyl-17{alpha}-methyl-11{alpha}, 32 17{beta}-dihydroxyandrost-1, 4-dien-3-one). 33 [(22)] (23) Furazabol (17{alpha}-methyl-17{beta}-hydroxyandrostano 34 {2, 3-c}-furazan). 35 [(23) 13{beta}-ethyl-17{alpha}-hydroxygon-4-en-3-one] 36 (24) 13{beta}-ethyl-17{beta}-hyroxygon-4-en-3-one. 37 [(24)] (25) 4-hydroxytestosterone [(4,17 {beta}-dihydroxyandrost-4-38en-3-one)] (4, 17{beta}-dihydroxy-androst-4-en-3-one). 39 [(25)] (26) 4-hydroxy-19-nortestosterone 40 (4,17{beta}-dihydroxy-estr-4-en-3-one). 41 [(26)] (27) desoxymethyltestosterone 42 (17{alpha}-methyl-5{alpha}-androst-2-en-17{beta}-ol) (a.k.a., madol). 43 (28) Mestanolone (17{alpha}-methyl-17{beta}-hydroxy- 44 5-androstan-3-one). 45 [(27)] (29) Mesterolone (1{alpha}[-]methyl-17{beta}-hydroxy- 46 {5{alpha}}-androstan-3-one). 47 [(28)] (30) Methandienone (17{alpha}-methyl-17{beta}-hydroxyandrost-1, 48 4-dien-3-one). 49 [(29)] (31) Methandriol (17{alpha}-methyl-3{beta}, 50 17{beta}-dihydroxyandrost-5-ene). 51 [(30)] (32) Methenolone (1-methyl-17{beta}-hydroxy-5{alpha}-androst- 52 1-en-3-one). 53 [(31)] (33) 17{alpha}-methyl-3{beta},17{beta}-dihydroxy-5a-androstane. 54 [(32)] (34) 17{alpha}-methyl-3{alpha}, 17{beta}-dihydroxy- 55 5a-androstane. 56 [(33)] (35) 17{alpha}-methyl-3{beta}, 17{beta}-dihydroxyandrost-4-ene.S. 7637 14 1 [(34)] (36) 17{alpha}-methyl-4-hydroxynandrolone (17{alpha}-methyl-4- 2 hydroxy-17{beta}-hydroxyestr-4-en-3-one). 3 [(35)] (37) Methyldienolone (17{alpha}-methyl-17{beta}-hydroxyestra- 4 4,9(10)-dien-3-one). 5 [(36)] (38) Methyltrienolone 6 (17{alpha}-methyl-17{beta}-hydroxyestra-4, 9-11-trien-3-one). 7 [(37)] (39) Methyltestosterone 8 (17{alpha}-methyl-17{beta}-hydroxyandrost- 4-en-3-one). 9 [(38)] (40) Mibolerone 10 (7{alpha},17{alpha}-dimethyl-17{beta}-hydroxyestr- 4-en-3-one). 11 [(39)] (41) 17{alpha}-methyl-{Delta} 1-dihydrotestosterone 12 (17b{beta}-hydroxy-17{alpha}-methyl-5{alpha}-androst-1-en-3-one) 13 (a.k.a. '17-{alpha}-methyl-1-testosterone'). 14 [(40)] (42) Nandrolone(17{beta}-hydroxyestr-4-en-3-one). 15 [(41)] (43) 19-nor-4-androstenediol (3{beta},17{beta}-dihydroxyestr 16 -4-ene). 17 [(42)] (44) 19-nor-4-androstenediol (3{alpha},17{beta}-dihydroxyestr- 18 4-ene). 19 [(43)] (45) 19-nor-5-androstenediol (3{beta},17{beta}-dihydroxyestr 20 -5-ene). 21 [(44)] (46) 19-nor-5-androstenediol (3{alpha},17{beta}-dihydroxyestr- 22 5-ene). 23 [(45)] (47) 19-nor-4,9(10)-androstadienedione 24 (estra-4,9(10)-diene-3,17-dione). 25 (48) 19-nor-4-androstenedione (estr-4-en-3,17-dione). 26 [(46)] (49) 19-nor-5-androstenedione (estr-5-en-3,17-dione). 27 [(47)] (50) Norbolethone (13{beta}, 17{alpha}-diethyl-17{beta} 28 -hydroxygon-4-en-3-one). 29 [(48)] (51) Norclostebol (4-chloro-17{beta}-hydroxyestr-4-en-3-one). 30 [(49)] (52) Norethandrolone (17{alpha}-ethyl-17{beta}-hydroxyestr- 31 4-en-3-one). 32 [(50)] (53) Normethandrolone (17{alpha}-methyl-17{beta} 33 -hydroxyestr-4-en-3-one). 34 [(51)] (54) Oxandrolone (17{alpha}-methyl-17{beta}-hydroxy-2-oxa- 35 {5{alpha}}-androstan-3-one). 36 [(52)] (55) Oxymesterone (17{alpha}-methyl-4, 17{beta}-dihydroxy[-] 37 androst-4-en-3-one). 38 [(53)] (56) Oxymetholone (17 {alpha}-methyl-2-hydroxymethylene-17 39 {beta}-hydroxy-{5{alpha}}- androstan-3-one). 40 [(54)] (57) Stanozolol (17{alpha}-methyl-17{beta}-hydroxy-{5{alpha}}- 41 androst-2-eno{3, 2-c}-pyrazole). 42 [(55)] (58) Stenbolone (17{beta}-hydroxy-2-methyl-{5{alpha}}-androst- 43 1-en-3-one). 44 [(56)] (59) Testolactone (13-hydroxy-3-oxo-13, 17-secoandrosta-1, 45 4-dien-17-oic acid lactone). 46 [(57)] (60) Testosterone (17{beta}-hydroxyandrost-4-en-3-one). 47 [(58)] (61) Tetrahydrogestrinone (13{beta}, 17{alpha}-diethyl 48 -17{beta}-hydroxygon-4, 9, 11-trien-3-one). 49 [(59)] (62) Trenbolone (17{beta}-hydroxyestr-4, 9, 11-trien-3-one). 50 [(60)] (63) Any salt, ester or ether of a drug or substance described 51 or listed in this subdivision. 52 § 9. The opening paragraph of subdivision (c) of schedule III of 53 section 3306 of the public health law, as added by chapter 664 of the 54 laws of 1985, is amended to read as follows: 55 Unless specifically excepted or unless listed in another schedule, any 56 material, compound, mixture, or preparation which contains any quantityS. 7637 15 1 of the following substances having a depressant effect on the central 2 nervous system, including its salts, isomers, and salts of isomers: 3 § 10. Subdivision (e) of schedule III of section 3306 of the public 4 health law, as added by chapter 664 of the laws of 1985, paragraphs 3 5 and 4 as amended by chapter 589 of the laws of 1996 and paragraph 9 as 6 added by chapter 457 of the laws of 2006, is amended to read as follows: 7 (e) Narcotic drugs. Unless specifically excepted or unless listed in 8 another schedule, any material, compound, mixture, or preparation 9 containing any of the following narcotic drugs, or their salts calcu- 10 lated as the free anhydrous base or alkaloid, in limited quantities as 11 set forth below: 12 (1) Not more than 1.8 grams of codeine per one hundred milliliters or 13 not more than ninety milligrams per dosage unit, with an equal or great- 14 er quantity of an isoquinoline alkaloid of opium. 15 (2) Not more than 1.8 grams of codeine per one hundred milliliters or 16 not more than ninety milligrams per dosage unit, with one or more 17 active, nonnarcotic ingredients in recognized therapeutic amounts. 18 (3) [Not more than three hundred milligrams of dihydrocodeinone19(hydrocodone) per one hundred milliliters or not more than fifteen20milligrams per dosage unit, with a fourfold or greater quantity of an21isoquinoline alkaloid of opium.22(4) Not more than three hundred milligrams of dihydrocodeinone (hydro-23codone) per one hundred milliliters or not more than fifteen milligrams24per dosage unit, with one or more active nonnarcotic ingredients in25recognized therapeutic amounts.26(5)] Not more than 1.8 grams of dihydrocodeine per one hundred milli- 27 liters or not more than ninety milligrams per dosage unit, with one or 28 more active nonnarcotic ingredients in recognized therapeutic amounts. 29 [(6)] (4) Not more than three hundred milligrams of ethylmorphine per 30 one hundred milliliters or not more than fifteen milligrams per dosage 31 unit, with one or more active, nonnarcotic ingredients in recognized 32 therapeutic amounts. 33 [(7)] (5) Not more than five hundred milligrams of opium per one 34 hundred milliliters or per one hundred grams or not more than twenty- 35 five milligrams per dosage unit, with one or more active, nonnarcotic 36 ingredients in recognized therapeutic amounts. 37 [(8)] (6) Not more than fifty milligrams of morphine per one hundred 38 milliliters or per one hundred grams, with one or more active, nonnar- 39 cotic ingredients in recognized therapeutic amounts. 40 [(9)] (7) Buprenorphine in any quantities. 41 § 11. Subdivision (f) of schedule III of section 3306 of the public 42 health law, as amended by chapter 178 of the laws of 2010, is amended to 43 read as follows: 44 (f) [(i)] Dronabinol (synthetic) in sesame oil and encapsulated in a 45 soft gelatin capsule in a [drug product approved for marketing by the] 46 U.S. Food and Drug Administration [(FDA)] approved product. 47 [(ii) Any drug product in tablet or capsule form containing natural48dronabinol derived from the cannabis (plant) or synthetic dronabinol49(produced from synthetic materials) for which an abbreviated new drug50application (ANDA) has been approved by the FDA under section 505(j) of51the Federal Food, Drug, and Cosmetic Act which references as its listed52drug the drug product referred to in paragraph (i) of this subdivision.] 53 Some other names for dronabinol include: (6aR-trans)-6a, 7, 8, 10a-tet- 54 rahydro-6, 6, 9-trimethyl-3-pentyl-6H-dibenzo{b,d} pyran-1-o1, or 55 (-)-delta-9-(trans) - tetrahydrocannabinol.S. 7637 16 1 § 12. Subdivision (c) of schedule IV of section 3306 of the public 2 health law is amended by adding two new paragraphs 52 and 53 to read as 3 follows: 4 (52) Fospropofol. 5 (53) Carisoprodol. 6 § 13. Paragraph 11 of subdivision (e) of schedule IV of section 3306 7 of the public health law, as added by chapter 457 of the laws of 2006, 8 is amended to read as follows: 9 (11) [Modafanil] Modafinil. 10 § 14. Subdivision (f) of schedule IV of section 3306 of the public 11 health law is amended by adding a new paragraph 3 to read as follows: 12 (3) Tramadol in any quantities. 13 § 15. Subdivision (b) of schedule V of section 3306 of the public 14 health law, as added by chapter 664 of the laws of 1985, is amended to 15 read as follows: 16 (b) Narcotic drugs containing nonnarcotic active medicinal ingredi- 17 ents. Any compound, mixture, or preparation containing any of the 18 following narcotic drugs, or their salts calculated as the free anhyd- 19 rous base or alkaloid, in limited quantities as set forth below, which 20 shall include one or more nonnarcotic active medicinal ingredients in 21 sufficient proportion to confer upon the compound, mixture, or prepara- 22 tion valuable medicinal [qualitites] qualities other than those 23 possessed by narcotic drugs alone: 24 (1) Not more than two hundred milligrams of codeine per one hundred 25 milliliters or per one hundred grams. 26 (2) Not more than one hundred milligrams of dihydrocodeine per one 27 hundred milliliters or per one hundred grams. 28 (3) Not more than one hundred milligrams of ethylmorphine per one 29 hundred milliliters or per one hundred grams. 30 (4) Not more than 2.5 milligrams of diphenoxylate and not less than 31 twenty-five micrograms of atropine sulfate per dosage unit. 32 (5) Not more than one hundred milligrams of opium per one hundred 33 milliliters or per one hundred grams. 34 (6) Not more than 0.5 milligram of difenoxin and not less than twen- 35 ty-five micrograms of atropine sulfate per dosage unit. 36 § 16. Subdivision (d) of schedule V of section 3306 of the public 37 health law, as added by chapter 178 of the laws of 2010, is amended to 38 read as follows: 39 (d) Depressants. Unless specifically exempted or excluded or unless 40 listed in another schedule, any material, compound, mixture, or prepara- 41 tion which contains any quantity of the following substances having a 42 depressant effect on the central nervous system, including its salts, 43 isomers, and salts of isomers: 44 (1) Ezogabine {N-{2-amino-4-(4-fluorobenzylamino)-phenyl}-carbamic 45 acid ethyl ester}. 46 (2) Lacosamide {(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide}. 47 (3) Pregabalin [(]{(S)-3-(aminomethyl)-5-methylhexanoic acid[)]}. 48 § 17. Subdivision 7 of section 3331 of the public health law, as 49 amended by chapter 640 of the laws of 1990, is amended to read as 50 follows: 51 7. A practitioner may not administer, prescribe or dispense any 52 substance referred to in subdivision (h) [or subdivision (j)] of Sched- 53 ule II, and subdivision (g) of Schedule III, of section three thousand 54 three hundred six of this article for other than therapeutic purposes. A 55 practitioner may not administer, prescribe or dispense any such 56 substance to any individual without first obtaining the informed consentS. 7637 17 1 of such individual, or where the individual lacks capacity to give such 2 consent, a person legally authorized to consent on his or her behalf. 3 § 18. Subdivision 8 of section 220.00 of the penal law, as amended by 4 chapter 664 of the laws of 1985, is amended to read as follows: 5 8. "Narcotic preparation" means any controlled substance listed in 6 schedule II(b-1), III(d) or III(e). 7 § 19. This act shall take effect on the ninetieth day after it shall 8 have become a law; provided that sections two, three, ten, fourteen and 9 eighteen shall take effect on the one hundred eightieth day after it 10 shall have become a law; and provided that sections fifteen and seven- 11 teen of this act shall take effect immediately. 12 PART D 13 Section 1. Subparagraphs (i), (ii) and (iii) of paragraph (b) of 14 subdivision 2 of section 3309-a of the public health law, as added by 15 section 52 of part D of chapter 56 of the laws of 2012, are amended and 16 a new subparagraph (iv) is added to read as follows: 17 (i) Report to the commissioner regarding the development of recommen- 18 dations and model courses for continuing medical education, refresher 19 courses and other training materials for licensed health care profes- 20 sionals on appropriate use of prescription pain medication. Such recom- 21 mendations, model courses and other training materials shall be submit- 22 ted to the commissioner, who shall make such information available for 23 the use in medical education, residency programs, fellowship programs, 24 and for use in continuing medication education programs no later than 25 January first, two thousand thirteen. Such recommendations also shall 26 include recommendations on: (A) educational and continuing medical 27 education requirements for practitioners appropriate to address 28 prescription pain medication awareness among health care professionals; 29 (B) continuing education requirements for pharmacists related to 30 prescription pain medication awareness; and (C) continuing education in 31 palliative care as it relates to pain management, for which purpose the 32 work group shall consult the New York state palliative care education 33 and training council; 34 (ii) No later than January first, two thousand thirteen, provide 35 outreach and assistance to health care professional organizations to 36 encourage and facilitate continuing medical education training programs 37 for their members regarding appropriate prescribing practices for the 38 best patient care and the risks associated with [prescription] overpres- 39 cribing and underprescribing pain medication; [and] 40 (iii) Provide information to the commissioner for use in the develop- 41 ment and continued update of the public awareness campaign, including 42 information, resources, and active web links that should be included on 43 the website[.]; and 44 (iv) Consider other issues deemed relevant by the commissioner, 45 including how to protect and promote the access of patients with a 46 legitimate need for controlled substances, particularly medications 47 needed for pain management by oncology patients, and whether and how to 48 encourage or require the use or substitution of opioid drugs that employ 49 tamper-resistance technology as a mechanism for reducing abuse and 50 diversion of opioid drugs. 51 § 2. Subdivision 3 of section 3309-a of the public health law, as 52 added by section 52 of part D of chapter 56 of the laws of 2012, is 53 amended to read as follows:S. 7637 18 1 3. On or before September first, two thousand twelve, the commission- 2 er, in consultation with the commissioner of the office of alcoholism 3 and substance abuse services, the commissioner of education, and the 4 executive secretary of the state board of pharmacy, shall add to the 5 workgroup such additional members as appropriate so that the workgroup 6 may provide guidance in furtherance of the implementation of the I-STOP 7 act. For such purposes, the workgroup shall include but not be limited 8 to consumer advisory organizations, health care practitioners and 9 providers, oncologists, addiction treatment providers, practitioners 10 with experience in pain management, pharmacists and pharmacies, and 11 representatives of law enforcement agencies. 12 4. The commissioner shall report to the governor, the temporary presi- 13 dent of the senate and the speaker of the assembly no later than March 14 first, two thousand thirteen, and annually thereafter, on the work 15 group's findings. The report shall include information on opioid over- 16 dose deaths, emergency room utilization for the treatment of opioid 17 overdose, the utilization of pre-hospital addiction services and recom- 18 mendations to reduce opioid addiction and the consequences thereof. The 19 report shall also include a recommendation as to whether subdivision two 20 of section thirty-three hundred forty-three-a of this article should be 21 amended to require practitioners prescribing or dispensing certain iden- 22 tified schedule V controlled substances to comply with the consultation 23 requirements of such subdivision. 24 § 3. This act shall take effect immediately. 25 PART E 26 Section 1. The public health law is amended by adding a new section 27 3343-b to read as follows: 28 § 3343-b. Safe disposal of unused controlled substances. The depart- 29 ment shall establish a program for the safe disposal of unused 30 controlled substances by consumers in accordance with federal law. The 31 program shall permit individual members of the public to voluntarily 32 surrender controlled substances listed on schedule II, III, IV or V of 33 section thirty-three hundred six of this article in a secure manner, 34 without identifying themselves, and shall be publicized consistent with 35 the prescription pain medication awareness program established pursuant 36 to section thirty-three hundred nine-a of this article. The surrender of 37 a controlled substance pursuant to the program established pursuant to 38 this section shall not constitute the possession, transfer or sale of 39 such controlled substance for purposes of this article or the penal law. 40 In developing such program, the department shall consider the following: 41 appropriate sites for disposal throughout the state; the role of law 42 enforcement and federal authorities, as appropriate; and the manner in 43 which potential costs to localities or to the state will be addressed. 44 Disposal sites shall be operated by law enforcement agencies on a volun- 45 tary basis in collaboration with the department. Nothing in this 46 section shall require any political subdivision of the state to partic- 47 ipate in the program established in this section. 48 § 2. This act shall take effect immediately. 49 § 3. Severability clause. If any clause, sentence, paragraph, subdivi- 50 sion, section or part of this act shall be adjudged by any court of 51 competent jurisdiction to be invalid, such judgment shall not affect, 52 impair or invalidate the remainder thereof, but shall be confined in its 53 operation to the clause, sentence, paragraph, subdivision, section or 54 part thereof directly involved in the controversy in which such judgmentS. 7637 19 1 shall have been rendered. It is hereby declared to be the intent of the 2 legislature that this act would have been enacted even if such invalid 3 provisions had not been included herein. 4 § 4. This act shall take effect immediately; provided, however, that 5 the applicable effective date of Parts A through E of this act shall be 6 as specifically set forth in the last section of such Parts.