Bill Text: NY S02805 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to requirements for electronic prescribing software under the medical assistance program; prohibits the use of advertising or messaging in such software; requires such software to include a means for prior authorization approval; prohibits use of certain information relating to a patient's benefits plan.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO HEALTH [S02805 Detail]

Download: New_York-2013-S02805-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2805
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 23, 2013
                                      ___________
       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 electronic prescribing software
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 281 of the public health law is amended by adding a
    2  new subdivision 7 to read as follows:
    3    7.   THE REGULATIONS PROMULGATED PURSUANT TO SUBDIVISION THREE OF THIS
    4  SECTION SHALL PROVIDE THAT ALL ELECTRONIC PRESCRIBING SOFTWARE  USED  IN
    5  THIS  STATE  INCLUDING, WITHOUT LIMITATION, ELECTRONIC PRESCRIBING SOFT-
    6  WARE FOR WHICH PRESCRIBERS AND PHARMACIES RECEIVE PAYMENTS  PURSUANT  TO
    7  SECTION THREE HUNDRED SIXTY-SEVEN-A OF THE SOCIAL SERVICES LAW SHALL:
    8    (A) TRANSMIT TO A PRESCRIBER ONLY ELECTRONIC COMMUNICATIONS CONSISTENT
    9  WITH  THE  PRODUCT  LABEL  EXCEPT  WHERE SUCH COMMUNICATION RELATES TO A
   10  REVIEW ARTICLE OR EDITORIAL COMMENT IN A  MAJOR  PEER  REVIEWED  PROFES-
   11  SIONAL  JOURNAL,  SUPPORTED  BY  SCIENTIFIC  EVIDENCE AND THAT MEETS THE
   12  FEDERAL FOOD AND DRUG ADMINISTRATION REQUIREMENTS FOR ADVERTISING  PHAR-
   13  MACEUTICAL PRODUCTS;
   14    (B)  NOT  USE  ANY  MEANS OR PERMIT ANY OTHER PERSON TO USE ANY MEANS,
   15  INCLUDING, BUT NOT LIMITED TO, ADVERTISING, INSTANT MESSAGING, AND  POP-
   16  UP  ADS,  TO  INFLUENCE OR ATTEMPT TO INFLUENCE, THROUGH ECONOMIC INCEN-
   17  TIVES OR OTHERWISE, THE PRESCRIBING DECISION OF  A  PRESCRIBING  PRACTI-
   18  TIONER  AT  THE POINT OF CARE OR ANY SUCH MEANS TRIGGERED OR IN SPECIFIC
   19  RESPONSE TO THE INPUT, SELECTION, OR ANY ACT OF  A  PRESCRIBING  PRACTI-
   20  TIONER  OR  HIS  OR HER AGENT IN PRESCRIBING A CERTAIN PHARMACEUTICAL OR
   21  DIRECTING A PATIENT TO A CERTAIN PHARMACY;
   22    (C) NOT SHOW INFORMATION REGARDING A PAYOR'S FORMULARY, CO-PAYMENT  OR
   23  BENEFIT  PLAN  IN ANY WAY THAT PRECLUDES OR MAKES MORE DIFFICULT THE ACT
   24  OF A PRESCRIBING PRACTITIONER OR PATIENT SELECTING ANY PARTICULAR  PHAR-
   25  MACY OR PHARMACEUTICAL; AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04350-03-3
       S. 2805                             2
    1    (D) MAKE AVAILABLE MEANS TO REQUEST A PRIOR AUTHORIZATION APPROVAL AND
    2  RECEIVE PRIOR AUTHORIZATION AND STEP THERAPY CRITERIA AND APPROVAL ELEC-
    3  TRONICALLY  ON  THE  DAY THE PRESCRIPTION IS ISSUED AS ESTABLISHED VIA A
    4  STANDARDIZED FORMAT TO BE CREATED BY THE BOARD OF PHARMACY.
    5    S  2.  Section  6810  of  the education law is amended by adding a new
    6  subdivision 14 to read as follows:
    7    14.  THE REGULATIONS PROMULGATED PURSUANT TO SUBDIVISION TEN  OF  THIS
    8  SECTION  SHALL  PROVIDE THAT ALL ELECTRONIC PRESCRIBING SOFTWARE USED IN
    9  THIS STATE INCLUDING, WITHOUT LIMITATION, ELECTRONIC  PRESCRIBING  SOFT-
   10  WARE  FOR  WHICH PRESCRIBERS AND PHARMACIES RECEIVE PAYMENTS PURSUANT TO
   11  SECTION THREE HUNDRED SIXTY-SEVEN-A OF THE SOCIAL SERVICES LAW SHALL:
   12    (A) TRANSMIT TO A PRESCRIBER ONLY ELECTRONIC COMMUNICATIONS CONSISTENT
   13  WITH THE PRODUCT LABEL EXCEPT WHERE  SUCH  COMMUNICATION  RELATES  TO  A
   14  REVIEW  ARTICLE  OR  EDITORIAL  COMMENT IN A MAJOR PEER REVIEWED PROFES-
   15  SIONAL JOURNAL, SUPPORTED BY SCIENTIFIC  EVIDENCE  AND  THAT  MEETS  THE
   16  FEDERAL  FOOD AND DRUG ADMINISTRATION REQUIREMENTS FOR ADVERTISING PHAR-
   17  MACEUTICAL PRODUCTS;
   18    (B) NOT USE ANY MEANS OR PERMIT ANY OTHER PERSON  TO  USE  ANY  MEANS,
   19  INCLUDING,  BUT NOT LIMITED TO, ADVERTISING, INSTANT MESSAGING, AND POP-
   20  UP ADS, TO INFLUENCE OR ATTEMPT TO INFLUENCE,  THROUGH  ECONOMIC  INCEN-
   21  TIVES  OR  OTHERWISE,  THE PRESCRIBING DECISION OF A PRESCRIBING PRACTI-
   22  TIONER AT THE POINT OF CARE OR ANY SUCH MEANS TRIGGERED OR  IN  SPECIFIC
   23  RESPONSE  TO  THE  INPUT, SELECTION, OR ANY ACT OF A PRESCRIBING PRACTI-
   24  TIONER OR HIS OR HER AGENT IN PRESCRIBING A  CERTAIN  PHARMACEUTICAL  OR
   25  DIRECTING A PATIENT TO A CERTAIN PHARMACY;
   26    (C)  NOT SHOW INFORMATION REGARDING A PAYOR'S FORMULARY, CO-PAYMENT OR
   27  BENEFIT PLAN IN ANY WAY THAT PRECLUDES OR MAKES MORE DIFFICULT  THE  ACT
   28  OF  A PRESCRIBING PRACTITIONER OR PATIENT SELECTING ANY PARTICULAR PHAR-
   29  MACY OR PHARMACEUTICAL; AND
   30    (D) MAKE AVAILABLE MEANS TO REQUEST A PRIOR AUTHORIZATION APPROVAL AND
   31  RECEIVE PRIOR AUTHORIZATION AND STEP THERAPY CRITERIA AND APPROVAL ELEC-
   32  TRONICALLY ON THE DAY THE PRESCRIPTION IS ISSUED AS  ESTABLISHED  VIA  A
   33  STANDARDIZED FORMAT TO BE CREATED BY THE BOARD OF PHARMACY.
   34    S 3. This act shall take effect immediately.