Bill Text: NY S08943 | 2017-2018 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-06-19 - referred to health [S08943 Detail]

Download: New_York-2017-S08943-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          8943
                    IN SENATE
                                      June 7, 2018
                                       ___________
        Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        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 under  paragraph  (b)  of  subdivision  four  of
    16  section sixty-eight hundred ten of the education law.
    17    §  2.  Paragraphs (d) and (e) of subdivision 10 of section 6810 of the
    18  education law, as amended by chapter 13 of the laws of 2015, are amended
    19  and a new paragraph (f) is added to read as follows:
    20    (d) issued by a practitioner under circumstances where,  notwithstand-
    21  ing   the   practitioner's   present   ability  to  make  an  electronic
    22  prescription as required by this subdivision, such practitioner  reason-
    23  ably  determines  that it would be impractical for the patient to obtain
    24  substances prescribed by electronic prescription in a timely manner, and
    25  such delay would  adversely  impact  the  patient's  medical  condition,
    26  provided  that  if  such prescription is for a controlled substance, the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16222-01-8
        S. 8943                             2
     1  quantity that does not exceed  a  five  day  supply  if  the  controlled
     2  substance  was  used in accordance with the directions for use; [or] (e)
     3  issued by a practitioner to be dispensed by a pharmacy  located  outside
     4  the  state,  as  set  forth  in  regulation[.]; or (f) issued as an oral
     5  prescription under paragraph (b) of subdivision four of this section.
     6    § 3. This act shall take effect November 1, 2018 and shall expire  and
     7  be deemed repealed on and after June 1, 2020.