Bill Text: NY S07801 | 2015-2016 | General Assembly | Introduced

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Bill Title: Authorizes a pharmacy receiving an electronic prescription for a non-controlled substance to transfer such prescription to another pharmacy, upon request of the patient.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2016-06-14 - referred to health [S07801 Detail]

Download: New_York-2015-S07801-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7801
                    IN SENATE
                                      May 12, 2016
                                       ___________
        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 authorizing a pharmacy receiving an electronic prescription  for  a
          non-controlled  substance  to  transfer  such  prescription to another
          pharmacy
          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
     2  two new subdivisions 3-a and 8 to read as follows:
     3    3-a. A pharmacy that receives an electronic prescription  for  a  non-
     4  controlled  substance  may  transfer such prescription to an alternative
     5  pharmacy at the request of the patient if  the  pharmacy  receiving  the
     6  initial prescription is unable to fill such initial prescription.
     7    8.  A violation of this section shall not be subject to the provisions
     8  of section twelve-b of this chapter.
     9    § 2. Subdivision 10 of section 6810 of the education law,  as  amended
    10  by  chapter  13 of the laws of 2015, is amended and two new subdivisions
    11  10-a and 16 are added to read as follows:
    12    10. Notwithstanding any other provision of this section or  any  other
    13  law  to  the  contrary,  effective three years subsequent to the date on
    14  which regulations establishing standards  for  electronic  prescriptions
    15  are  promulgated by the commissioner of health, in consultation with the
    16  commissioner pursuant to subdivision three of section two hundred eight-
    17  y-one of  the  public  health  law,  no  practitioner  shall  issue  any
    18  prescription  in  this  state, unless such prescription is made by elec-
    19  tronic prescription from the practitioner  to  a  pharmacy,  except  for
    20  prescriptions:  (a)  issued by veterinarians; (b) issued or dispensed in
    21  circumstances where electronic  prescribing  is  not  available  due  to
    22  temporary  technological  or  electrical  failure, as set forth in regu-
    23  lation; (c) issued by practitioners who have  received  a  waiver  or  a
    24  renewal thereof for a specified period determined by the commissioner of
    25  health,  not  to exceed one year, from the requirement to use electronic
    26  prescribing, pursuant to a process  established  in  regulation  by  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15459-01-6
        S. 7801                             2
     1  commissioner  of  health,  in  consultation with the commissioner due to
     2  economic hardship, technological limitations  that  are  not  reasonably
     3  within  the  control  of  the practitioner, or other exceptional circum-
     4  stance  demonstrated  by  the practitioner; (d) issued by a practitioner
     5  under circumstances where, notwithstanding  the  practitioner's  present
     6  ability  to make an electronic prescription as required by this subdivi-
     7  sion, such practitioner reasonably determines that it would be impracti-
     8  cal for the  patient  to  obtain  substances  prescribed  by  electronic
     9  prescription  in  a timely manner, and such delay would adversely impact
    10  the patient's medical condition, provided that if such  prescription  is
    11  for a controlled substance, the quantity that does not exceed a five day
    12  supply  if  the  controlled  substance  was  used in accordance with the
    13  directions for use; or (e) issued by a practitioner to be dispensed by a
    14  pharmacy located outside the state, as  set  forth  in  regulation.    A
    15  violation  of this subdivision shall not be subject to the provisions of
    16  section twelve-b of the public health law.
    17    10-a. A pharmacy that receives an electronic prescription for  a  non-
    18  controlled  substance  may  transfer such prescription to an alternative
    19  pharmacy at the request of the patient if  the  pharmacy  receiving  the
    20  initial prescription is unable to fill such initial prescription.
    21    16.  A  pharmacy shall not request a practitioner to renew a patient's
    22  prescription in a manner that is inconsistent with this section.
    23    § 3. This act shall take effect immediately.