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: (Vetoed) 2019-11-20 - tabled [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. LBD04033-04-9A. 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.