Bill Text: NY A01034 | 2019-2020 | General Assembly | Amended


Bill Title: Provides exemptions from certain requirements for electronic prescriptions for oral prescriptions issued to patients in health care facilities, nursing homes and residential care facilities.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2019-03-18 - RETURNED TO ASSEMBLY [A01034 Detail]

Download: New_York-2019-A01034-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         1034--A
                                                                 Cal. No. 20
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by  M. of A. GOTTFRIED, LUPARDO -- read once and referred to
          the Committee on Health -- reported  from  committee,  advanced  to  a
          third  reading,  amended and ordered reprinted, retaining its place on
          the order of third reading
        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:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04033-04-9

        A. 1034--A                          2
     1    (d) issued by a practitioner under circumstances where,  notwithstand-
     2  ing   the   practitioner's   present   ability  to  make  an  electronic
     3  prescription as required by this subdivision, such practitioner  reason-
     4  ably  determines  that it would be impractical for the patient to obtain
     5  substances prescribed by electronic prescription in a timely manner, and
     6  such  delay  would  adversely  impact  the  patient's medical condition,
     7  provided that if such prescription is for a  controlled  substance,  the
     8  quantity  that  does  not  exceed  a  five  day supply if the controlled
     9  substance was used in accordance with the directions for use;  [or]  (e)
    10  issued  by  a practitioner to be dispensed by a pharmacy located outside
    11  the state, as set forth in regulation[.];  or  (f)  issued  as  an  oral
    12  prescription by an agent who is a health care practitioner, for patients
    13  in  nursing homes and residential health care facilities under paragraph
    14  (b) of subdivision four of this section.
    15    § 3. This act shall take effect October 31, 2019 and shall expire  and
    16  be deemed repealed on and after October 31, 2021.
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