A LBD12123-11-2
A. 10623 2
permitting pharmacists to access such registry before prescribing or
dispensing additional such substances; and requiring that prescriptions
be transmitted electronically from practitioners to pharmacists. There-
fore, the legislature finds it appropriate and necessary to establish a
prescription monitoring program registry that is designed to utilize
real time data, integrate electronic prescribing, combat overprescribing
and doctor-shopping, and curtail abuse and illegal diversion without
compromising access to controlled substances for legitimate health care
purposes. The legislature further finds that these objectives will be
promoted by updating the state's schedules of controlled substances,
establishing a program for the safe disposal of controlled substances by
consumers, and enhancing opportunities to promote education about
controlled substances for the public and practitioners.
S 2. This act enacts into law major components of legislation which
are necessary to implement fundamental changes to the way controlled
substances are prescribed, dispensed and monitored in this state. Each
component is wholly contained within a Part identified as Parts A
through E. The effective date of each particular provision contained
within such Part is set forth in the last section of such Part. Any
provision in any section contained within a Part, including the effec-
tive date of the Part, which makes reference to a section "of this act",
when used in connection with that particular component, shall be deemed
to mean and refer to the corresponding section of the Part in which it
is found. Section four of this act sets forth the general effective date
of this act.
PART A
Section 1. This act shall be known and may be cited as the "Internet
System for Tracking Over-Prescribing (I-STOP) Act".
S 2. The public health law is amended by adding a new section 3343-a
to read as follows:
S 3343-A. PRESCRIPTION MONITORING PROGRAM REGISTRY. 1. ESTABLISHMENT
OF SYSTEM. (A) THE COMMISSIONER SHALL, IN ACCORDANCE WITH THE PROVISIONS
OF THIS SECTION, ESTABLISH AND MAINTAIN AN ELECTRONIC SYSTEM FOR
COLLECTING, MONITORING AND REPORTING INFORMATION CONCERNING THE
PRESCRIBING AND DISPENSING OF CONTROLLED SUBSTANCES, TO BE KNOWN AS THE
PRESCRIPTION MONITORING PROGRAM REGISTRY. THE REGISTRY SHALL INCLUDE
INFORMATION REPORTED BY PHARMACIES ON A REAL TIME BASIS, AS SET FORTH IN
SUBDIVISION FOUR OF SECTION THIRTY-THREE HUNDRED THIRTY-THREE OF THIS
ARTICLE.
(B) THE REGISTRY SHALL INCLUDE, FOR EACH PERSON TO WHOM A PRESCRIPTION
FOR CONTROLLED SUBSTANCES HAS BEEN DISPENSED, ALL PATIENT-SPECIFIC
INFORMATION COVERING SUCH PERIOD OF TIME AS IS DEEMED APPROPRIATE AND
FEASIBLE BY THE COMMISSIONER, BUT NO LESS THAN SIX MONTHS AND NO MORE
THAN FIVE YEARS. SUCH PATIENT-SPECIFIC INFORMATION SHALL BE OBTAINED
FROM THE PRESCRIPTION INFORMATION REPORTED BY PHARMACIES PURSUANT TO
SUBDIVISION FOUR OF SECTION THIRTY-THREE HUNDRED THIRTY-THREE OF THIS
ARTICLE AND BY PRACTITIONERS WHO DISPENSE PURSUANT TO SUBDIVISION SIX OF
SECTION THIRTY-THREE HUNDRED THIRTY-ONE OF THIS ARTICLE, AND SHALL BE
PROCESSED AND INCLUDED IN THE REGISTRY BY THE DEPARTMENT WITHOUT UNDUE
DELAY. FOR PURPOSES OF THIS ARTICLE, "PATIENT-SPECIFIC INFORMATION"
MEANS INFORMATION PERTAINING TO INDIVIDUAL PATIENTS INCLUDED IN THE
REGISTRY, WHICH SHALL INCLUDE THE FOLLOWING INFORMATION AND SUCH OTHER
INFORMATION AS IS REQUIRED BY THE DEPARTMENT IN REGULATION:
(I) THE PATIENT'S NAME;
A. 10623 3
(II) THE PATIENT'S RESIDENTIAL ADDRESS;
(III) THE PATIENT'S DATE OF BIRTH;
(IV) THE PATIENT'S GENDER;
(V) THE DATE ON WHICH THE PRESCRIPTION WAS ISSUED;
(VI) THE DATE ON WHICH THE CONTROLLED SUBSTANCE WAS DISPENSED;
(VII) THE METRIC QUANTITY OF THE CONTROLLED SUBSTANCE DISPENSED;
(VIII) THE NUMBER OF DAYS SUPPLY OF THE CONTROLLED SUBSTANCE
DISPENSED;
(IX) THE NAME OF THE PRESCRIBER;
(X) THE PRESCRIBER'S IDENTIFICATION NUMBER, AS ASSIGNED BY THE DRUG
ENFORCEMENT ADMINISTRATION;
(XI) THE NAME OR IDENTIFIER OF THE DRUG THAT WAS DISPENSED; AND
(XII) THE PAYMENT METHOD.
(C) THE REGISTRY SHALL BE SECURE, EASILY ACCESSIBLE BY PRACTITIONERS
AND PHARMACISTS, AND COMPATIBLE WITH THE ELECTRONIC TRANSMISSION OF
PRESCRIPTIONS FOR CONTROLLED SUBSTANCES, AS REQUIRED BY SECTION TWO
HUNDRED EIGHTY-ONE OF THIS CHAPTER, AND SECTION SIXTY-EIGHT HUNDRED TEN
OF THE EDUCATION LAW, AND ANY REGULATIONS PROMULGATED PURSUANT THERETO.
TO THE EXTENT PRACTICABLE, IMPLEMENTATION OF THE ELECTRONIC TRANSMISSION
OF PRESCRIPTIONS FOR CONTROLLED SUBSTANCES SHALL SERVE TO STREAMLINE
CONSULTATION OF THE REGISTRY BY PRACTITIONERS AND REPORTING OF
PRESCRIPTION INFORMATION BY PHARMACISTS. THE REGISTRY SHALL BE INTEROP-
ERABLE WITH OTHER SIMILAR REGISTRIES OPERATED BY FEDERAL OR STATE
GOVERNMENTS, TO THE EXTENT DEEMED APPROPRIATE BY THE COMMISSIONER, AND
SUBJECT TO THE PROVISIONS OF SECTION THIRTY-THREE HUNDRED SEVENTY-ONE-A
OF THIS ARTICLE.
(D) THE DEPARTMENT SHALL ESTABLISH AND IMPLEMENT SUCH PROTOCOLS AS ARE
REASONABLY NECESSARY TO ENSURE THAT INFORMATION CONTAINED IN THE REGIS-
TRY IS MAINTAINED IN A SECURE AND CONFIDENTIAL MANNER AND IS ACCESSIBLE
ONLY BY PRACTITIONERS, PHARMACISTS OR THEIR DESIGNEES FOR THE PURPOSES
ESTABLISHED IN SUBDIVISIONS TWO AND THREE OF THIS SECTION, OR AS OTHER-
WISE SET FORTH IN SECTIONS THIRTY-THREE HUNDRED SEVENTY-ONE AND THIRTY-
THREE HUNDRED SEVENTY-ONE-A OF THIS ARTICLE. SUCH PROTOCOLS SHALL
INCLUDE A MECHANISM FOR THE DEPARTMENT TO MONITOR AND RECORD ACCESS TO
THE REGISTRY, WHICH SHALL IDENTIFY THE AUTHORIZED INDIVIDUAL ACCESSING
AND EACH CONTROLLED SUBSTANCE HISTORY ACCESSED.
2. DUTY TO CONSULT PRESCRIPTION MONITORING PROGRAM REGISTRY; PRACTI-
TIONERS. (A) EVERY PRACTITIONER SHALL CONSULT THE PRESCRIPTION MONITOR-
ING PROGRAM REGISTRY PRIOR TO PRESCRIBING OR DISPENSING ANY CONTROLLED
SUBSTANCE LISTED ON SCHEDULE II, III OR IV OF SECTION THIRTY-THREE
HUNDRED SIX OF THIS ARTICLE, FOR THE PURPOSE OF REVIEWING A PATIENT'S
CONTROLLED SUBSTANCE HISTORY AS SET FORTH IN SUCH REGISTRY; PROVIDED,
HOWEVER, THAT NOTHING IN THIS SECTION SHALL PRECLUDE AN AUTHORIZED PRAC-
TITIONER, OTHER THAN A VETERINARIAN, FROM CONSULTING THE REGISTRY AT HIS
OR HER OPTION PRIOR TO PRESCRIBING OR DISPENSING ANY CONTROLLED
SUBSTANCE. THE DUTY TO CONSULT THE REGISTRY SHALL NOT APPLY TO:
(I) VETERINARIANS;
(II) A PRACTITIONER DISPENSING PURSUANT TO SUBDIVISION THREE OF
SECTION THIRTY-THREE HUNDRED FIFTY-ONE OF THIS ARTICLE;
(III) A PRACTITIONER ADMINISTERING A CONTROLLED SUBSTANCE;
(IV) A PRACTITIONER PRESCRIBING OR ORDERING A CONTROLLED SUBSTANCE FOR
USE ON THE PREMISES OF AN INSTITUTIONAL DISPENSER PURSUANT TO SECTION
THIRTY-THREE HUNDRED FORTY-TWO OF THIS TITLE;
(V) A PRACTITIONER PRESCRIBING A CONTROLLED SUBSTANCE IN THE EMERGENCY
DEPARTMENT OF A GENERAL HOSPITAL, PROVIDED THAT THE QUANTITY OF
CONTROLLED SUBSTANCE PRESCRIBED DOES NOT EXCEED A FIVE DAY SUPPLY IF THE
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CONTROLLED SUBSTANCE WERE USED IN ACCORDANCE WITH THE DIRECTIONS FOR
USE;
(VI) A PRACTITIONER PRESCRIBING A CONTROLLED SUBSTANCE TO A PATIENT
UNDER THE CARE OF A HOSPICE, AS DEFINED BY SECTION FOUR THOUSAND TWO OF
THIS CHAPTER;
(VII) A PRACTITIONER WHEN:
(A) IT IS NOT REASONABLY POSSIBLE FOR THE PRACTITIONER TO ACCESS THE
REGISTRY IN A TIMELY MANNER;
(B) NO OTHER PRACTITIONER OR DESIGNEE AUTHORIZED TO ACCESS THE REGIS-
TRY, PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, IS REASONABLY AVAIL-
ABLE; AND
(C) THE QUANTITY OF CONTROLLED SUBSTANCE PRESCRIBED DOES NOT EXCEED A
FIVE DAY SUPPLY IF THE CONTROLLED SUBSTANCE WERE USED IN ACCORDANCE WITH
THE DIRECTIONS FOR USE;
(VIII) A PRACTITIONER ACTING IN COMPLIANCE WITH REGULATIONS THAT MAY
BE PROMULGATED BY THE COMMISSIONER AS TO CIRCUMSTANCES UNDER WHICH
CONSULTATION OF THE REGISTRY WOULD RESULT IN A PATIENT'S INABILITY TO
OBTAIN A PRESCRIPTION IN A TIMELY MANNER, THEREBY ADVERSELY IMPACTING
THE MEDICAL CONDITION OF SUCH PATIENT;
(IX) A SITUATION WHERE THE REGISTRY IS NOT OPERATIONAL AS DETERMINED
BY THE DEPARTMENT OR WHERE IT CANNOT BE ACCESSED BY THE PRACTITIONER DUE
TO A TEMPORARY TECHNOLOGICAL OR ELECTRICAL FAILURE, AS SET FORTH IN
REGULATION; OR
(X) A PRACTITIONER WHO HAS BEEN GRANTED A WAIVER DUE TO TECHNOLOGICAL
LIMITATIONS THAT ARE NOT REASONABLY WITHIN THE CONTROL OF THE PRACTI-
TIONER, OR OTHER EXCEPTIONAL CIRCUMSTANCE DEMONSTRATED BY THE PRACTI-
TIONER, PURSUANT TO A PROCESS ESTABLISHED IN REGULATION, AND IN THE
DISCRETION OF THE COMMISSIONER.
(B) FOR PURPOSES OF THIS SECTION, A PRACTITIONER MAY AUTHORIZE A
DESIGNEE TO CONSULT THE PRESCRIPTION MONITORING PROGRAM REGISTRY ON HIS
OR HER BEHALF, PROVIDED THAT: (I) THE DESIGNEE SO AUTHORIZED IS EMPLOYED
BY THE SAME PROFESSIONAL PRACTICE OR IS UNDER CONTRACT WITH SUCH PRAC-
TICE; (II) THE PRACTITIONER TAKES REASONABLE STEPS TO ENSURE THAT SUCH
DESIGNEE IS SUFFICIENTLY COMPETENT IN THE USE OF THE REGISTRY; (III) THE
PRACTITIONER REMAINS RESPONSIBLE FOR ENSURING THAT ACCESS TO THE REGIS-
TRY BY THE DESIGNEE IS LIMITED TO AUTHORIZED PURPOSES AND OCCURS IN A
MANNER THAT PROTECTS THE CONFIDENTIALITY OF THE INFORMATION OBTAINED
FROM THE REGISTRY, AND REMAINS RESPONSIBLE FOR ANY BREACH OF CONFIDEN-
TIALITY; AND (IV) THE ULTIMATE DECISION AS TO WHETHER OR NOT TO
PRESCRIBE OR DISPENSE A CONTROLLED SUBSTANCE REMAINS WITH THE PRACTI-
TIONER AND IS REASONABLY INFORMED BY THE RELEVANT CONTROLLED SUBSTANCE
HISTORY INFORMATION OBTAINED FROM THE REGISTRY. THE COMMISSIONER SHALL
ESTABLISH IN REGULATION REASONABLE PARAMETERS WITH REGARD TO A PRACTI-
TIONER'S ABILITY TO AUTHORIZE DESIGNEES PURSUANT TO THIS SECTION, WHICH
SHALL INCLUDE PROCESSES NECESSARY TO ALLOW THE DEPARTMENT TO: (A) GRANT
ACCESS TO THE REGISTRY IN A REASONABLY PROMPT MANNER TO AS MANY DESIG-
NEES AS ARE AUTHORIZED BY PRACTITIONERS, UP TO THE NUMBER DEEMED APPRO-
PRIATE BY THE COMMISSIONER FOR PARTICULAR PROFESSIONAL PRACTICES OR
TYPES OF PRACTICES, TAKING INTO ACCOUNT THE NEED TO MAINTAIN SECURITY OF
THE REGISTRY AND THE PATIENT-SPECIFIC INFORMATION MAINTAINED THEREIN,
AND THE OBJECTIVE OF MINIMIZING BURDENS TO PRACTITIONERS TO THE EXTENT
PRACTICABLE; (B) REQUIRE THAT PRACTITIONERS NOTIFY THE DEPARTMENT UPON
TERMINATING THE AUTHORIZATION OF ANY DESIGNEE; AND (C) ESTABLISH A MECH-
ANISM TO PREVENT SUCH TERMINATED DESIGNEES FROM ACCESSING THE REGISTRY
IN A REASONABLY PROMPT MANNER FOLLOWING SUCH NOTIFICATION.
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3. AUTHORITY TO CONSULT PRESCRIPTION MONITORING PROGRAM REGISTRY;
PHARMACISTS. (A) A PHARMACIST MAY CONSULT THE PRESCRIPTION MONITORING
PROGRAM REGISTRY IN ORDER TO REVIEW THE CONTROLLED SUBSTANCE HISTORY OF
AN INDIVIDUAL FOR WHOM ONE OR MORE PRESCRIPTIONS FOR CONTROLLED
SUBSTANCES IS PRESENTED TO SUCH PHARMACIST.
(B) FOR PURPOSES OF THIS SECTION, A PHARMACIST MAY DESIGNATE ANOTHER
PHARMACIST, A PHARMACY INTERN, AS DEFINED BY SECTION SIXTY-EIGHT HUNDRED
SIX OF THE EDUCATION LAW, OR OTHER INDIVIDUAL AS MAY BE PERMITTED BY THE
COMMISSIONER IN REGULATION, TO CONSULT THE PRESCRIPTION MONITORING
PROGRAM REGISTRY ON THE PHARMACIST'S BEHALF, PROVIDED THAT SUCH DESIGNEE
IS EMPLOYED BY THE SAME PHARMACY OR IS UNDER CONTRACT WITH SUCH PHARMA-
CY. THE COMMISSIONER SHALL ESTABLISH IN REGULATION REASONABLE PARAME-
TERS WITH REGARD TO A PHARMACIST'S ABILITY TO AUTHORIZE DESIGNEES PURSU-
ANT TO THIS SECTION, WHICH SHALL INCLUDE PROCESSES NECESSARY TO ALLOW
THE DEPARTMENT TO: (A) GRANT ACCESS TO THE REGISTRY IN A REASONABLY
PROMPT MANNER TO AS MANY DESIGNEES AS ARE AUTHORIZED BY PHARMACISTS, UP
TO THE NUMBER DEEMED APPROPRIATE BY THE COMMISSIONER FOR PARTICULAR
PHARMACIES, TAKING INTO ACCOUNT THE NEED TO MAINTAIN SECURITY OF THE
REGISTRY AND THE PATIENT-SPECIFIC INFORMATION MAINTAINED THEREIN, AND
THE OBJECTIVE OF MINIMIZING BURDENS TO PHARMACISTS TO THE EXTENT PRACTI-
CABLE; (B) REQUIRE THAT PHARMACISTS NOTIFY THE DEPARTMENT UPON TERMINAT-
ING THE AUTHORIZATION OF ANY DESIGNEE; AND (C) ESTABLISH A MECHANISM TO
PREVENT SUCH TERMINATED DESIGNEES FROM ACCESSING THE REGISTRY IN A
REASONABLY PROMPT MANNER FOLLOWING SUCH NOTIFICATION.
4. IMMUNITY. NO PRACTITIONER OR PHARMACIST, AND NO PERSON ACTING ON
BEHALF OF SUCH PRACTITIONER OR PHARMACIST AS PERMITTED UNDER THIS
SECTION, ACTING WITH REASONABLE CARE AND IN GOOD FAITH SHALL BE SUBJECT
TO CIVIL LIABILITY ARISING FROM ANY FALSE, INCOMPLETE OR INACCURATE
INFORMATION SUBMITTED TO OR REPORTED BY THE REGISTRY OR FOR ANY RESULT-
ING FAILURE OF THE SYSTEM TO ACCURATELY OR TIMELY REPORT SUCH INFORMA-
TION; PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL BE
DEEMED TO ALTER THE OBLIGATION TO SUBMIT OR REPORT PRESCRIPTION INFORMA-
TION TO THE DEPARTMENT AS OTHERWISE SET FORTH IN THIS ARTICLE OR IN
REGULATIONS PROMULGATED PURSUANT THERETO.
5. GUIDANCE TO PRACTITIONERS AND PHARMACISTS. THE COMMISSIONER SHALL,
IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION, PROVIDE GUIDANCE TO
PRACTITIONERS, PHARMACISTS, AND PHARMACIES REGARDING THE PURPOSES AND
USES OF THE REGISTRY ESTABLISHED BY THIS SECTION AND THE MEANS BY WHICH
PRACTITIONERS AND PHARMACISTS CAN ACCESS THE REGISTRY. SUCH GUIDANCE
SHALL REFERENCE EDUCATIONAL INFORMATION AVAILABLE PURSUANT TO THE
PRESCRIPTION PAIN MEDICATION AWARENESS PROGRAM ESTABLISHED PURSUANT TO
SECTION THIRTY-THREE HUNDRED NINE-A OF THIS ARTICLE.
6. INDIVIDUAL ACCESS TO CONTROLLED SUBSTANCE HISTORIES. THE COMMIS-
SIONER SHALL ESTABLISH PROCEDURES BY WHICH AN INDIVIDUAL MAY: (A)
REQUEST AND OBTAIN HIS OR HER OWN CONTROLLED SUBSTANCES HISTORY CONSIST-
ING OF PATIENT-SPECIFIC INFORMATION OR, IN APPROPRIATE CIRCUMSTANCES,
THAT OF A PATIENT WHO LACKS CAPACITY TO MAKE HEALTH CARE DECISIONS AND
FOR WHOM THE INDIVIDUAL HAS LEGAL AUTHORITY TO MAKE SUCH DECISIONS AND
WOULD HAVE LEGAL ACCESS TO THE PATIENT'S HEALTH CARE RECORDS; OR (B)
SEEK REVIEW OF ANY PART OF HIS OR HER CONTROLLED SUBSTANCES HISTORY OR,
IN APPROPRIATE CIRCUMSTANCES, THAT OF A PATIENT WHO LACKS CAPACITY TO
MAKE HEALTH CARE DECISIONS AND FOR WHOM THE INDIVIDUAL HAS LEGAL AUTHOR-
ITY TO MAKE SUCH DECISIONS AND WOULD HAVE LEGAL ACCESS TO THE PATIENT'S
HEALTH CARE RECORDS, THAT SUCH INDIVIDUAL DISPUTES. SUCH PROCEDURES
SHALL REQUIRE THE DEPARTMENT TO PROMPTLY REVISE ANY INFORMATION ACCESSI-
BLE THROUGH THE REGISTRY THAT THE DEPARTMENT DETERMINES TO BE INACCU-
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RATE. SUCH PROCEDURES SHALL BE DESCRIBED ON THE DEPARTMENT'S WEBSITE AND
INCLUDED WITH THE CONTROLLED SUBSTANCES HISTORY PROVIDED TO AN INDIVID-
UAL PURSUANT TO A REQUEST MADE UNDER THIS SUBDIVISION OR UNDER SUBPARA-
GRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION THIRTY-THREE
HUNDRED SEVENTY-ONE OF THIS ARTICLE.
7. DEPARTMENT ANALYSIS OF DATA. THE DEPARTMENT SHALL PERIODICALLY
ANALYZE DATA CONTAINED IN THE PRESCRIPTION MONITORING PROGRAM REGISTRY
TO IDENTIFY INFORMATION THAT INDICATES THAT A VIOLATION OF LAW OR BREACH
OF PROFESSIONAL STANDARDS MAY HAVE OCCURRED AND, AS WARRANTED, PROVIDE
ANY RELEVANT INFORMATION TO APPROPRIATE ENTITIES AS PERMITTED UNDER
SECTION THIRTY-THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE. THE DEPART-
MENT SHALL KEEP A RECORD OF THE INFORMATION PROVIDED, INCLUDING, BUT NOT
LIMITED TO, THE SPECIFIC INFORMATION PROVIDED AND THE AGENCY TO WHICH
SUCH INFORMATION WAS PROVIDED, INCLUDING THE NAME AND TITLE OF THE
PERSON TO WHOM SUCH INFORMATION WAS PROVIDED AND AN ATTESTATION FROM
SUCH PERSON THAT HE OR SHE HAS AUTHORITY TO RECEIVE SUCH INFORMATION.
8. FUNDING THE PRESCRIPTION MONITORING PROGRAM REGISTRY. (A) THE
COMMISSIONER SHALL MAKE REASONABLE EFFORTS TO APPLY FOR MONIES AVAILABLE
FROM THE FEDERAL GOVERNMENT AND OTHER INSTITUTIONS, TO THE EXTENT DEEMED
APPROPRIATE BY THE COMMISSIONER, AND USE ANY MONIES SO OBTAINED TO
SUPPLEMENT ANY OTHER MONIES MADE AVAILABLE FOR THE PURPOSES OF THIS
TITLE.
(B) OPERATION OF THE REGISTRY ESTABLISHED BY THIS SECTION SHALL NOT BE
FUNDED, IN WHOLE OR IN PART, BY FEES IMPOSED SPECIFICALLY FOR SUCH
PURPOSES UPON PRACTITIONERS, PHARMACISTS, DESIGNEES OR PATIENTS SUBJECT
TO THIS SECTION.
9. RULES AND REGULATIONS. THE COMMISSIONER SHALL PROMULGATE SUCH RULES
AND REGULATIONS AS ARE NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS
SECTION, IN CONSULTATION WITH THE WORK GROUP ESTABLISHED PURSUANT TO
SUBDIVISION THREE OF SECTION THIRTY-THREE HUNDRED NINE-A OF THIS ARTI-
CLE.
S 3. Subdivision 4 of section 3333 of the public health law, as
amended by chapter 178 of the laws of 2010, is amended to read as
follows:
4. The endorsed original prescription shall be retained by the propri-
etor of the pharmacy for a period of five years. The proprietor of the
pharmacy shall file OR CAUSE TO BE FILED such prescription information
with the department by electronic means [in such manner and detail] ON A
REAL TIME BASIS as the commissioner in consultation with the commission-
er of education shall, by regulation, require; PROVIDED, HOWEVER, THAT
THE COMMISSIONER MAY, PURSUANT TO A PROCESS ESTABLISHED IN REGULATION,
GRANT A WAIVER ALLOWING A PHARMACY TO MAKE SUCH FILINGS WITHIN A LONGER
PERIOD OF TIME IF AND TO THE EXTENT THAT THE COMMISSIONER FINDS IT
WARRANTED, IN HIS OR HER DISCRETION, DUE TO ECONOMIC HARDSHIP, TECHNO-
LOGICAL LIMITATIONS THAT ARE NOT REASONABLY WITHIN THE CONTROL OF THE
PHARMACY, OR OTHER EXCEPTIONAL CIRCUMSTANCE DEMONSTRATED BY THE
PHARMACY; AND PROVIDED, FURTHER, HOWEVER, THAT SUCH REGULATIONS SHALL
SPECIFY THE MANNER IN WHICH SUCH REQUIREMENTS SHALL APPLY TO THE DELIV-
ERY OF CONTROLLED SUBSTANCES TO INDIVIDUALS IN THIS STATE BY MEANS OF
MAIL OR LICENSED EXPRESS DELIVERY SERVICES.
S 4. Paragraphs (d) and (e) of subdivision 1 of section 3371 of the
public health law, as amended by chapter 178 of the laws of 2010, are
amended and five new paragraphs (f), (g), (h), (i) and (j) are added to
read as follows:
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(d) to [a central] THE PRESCRIPTION MONITORING PROGRAM registry
[established pursuant to this article; and] AND TO AUTHORIZED USERS OF
SUCH REGISTRY AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION;
(e) to a practitioner to inform him or her that a patient may be under
treatment with a controlled substance by another practitioner[.] FOR THE
PURPOSES OF SUBDIVISION TWO OF THIS SECTION, AND TO FACILITATE THE
DEPARTMENT'S REVIEW OF INDIVIDUAL CHALLENGES TO THE ACCURACY OF
CONTROLLED SUBSTANCES HISTORIES PURSUANT TO SUBDIVISION SIX OF SECTION
THIRTY-THREE HUNDRED FORTY-THREE-A OF THIS ARTICLE;
(F) TO A PHARMACIST TO PROVIDE INFORMATION REGARDING PRESCRIPTIONS FOR
CONTROLLED SUBSTANCES PRESENTED TO THE PHARMACIST FOR THE PURPOSES OF
SUBDIVISION TWO OF THIS SECTION AND TO FACILITATE THE DEPARTMENT'S
REVIEW OF INDIVIDUAL CHALLENGES TO THE ACCURACY OF CONTROLLED SUBSTANCES
HISTORIES PURSUANT TO SUBDIVISION SIX OF SECTION THIRTY-THREE HUNDRED
FORTY-THREE-A OF THIS ARTICLE;
(G) TO THE DEPUTY ATTORNEY GENERAL FOR MEDICAID FRAUD CONTROL, OR HIS
OR HER DESIGNEE, IN FURTHERANCE OF AN INVESTIGATION OF FRAUD, WASTE OR
ABUSE OF THE MEDICAID PROGRAM, PURSUANT TO AN AGREEMENT WITH THE DEPART-
MENT;
(H) TO A LOCAL HEALTH DEPARTMENT FOR THE PURPOSE OF CONDUCTING PUBLIC
HEALTH RESEARCH OR EDUCATION: (I) PURSUANT TO AN AGREEMENT WITH THE
COMMISSIONER; (II) WHEN THE RELEASE OF SUCH INFORMATION IS DEEMED APPRO-
PRIATE BY THE COMMISSIONER; (III) FOR USE IN ACCORDANCE WITH MEASURES
REQUIRED BY THE COMMISSIONER TO ENSURE THAT THE SECURITY AND CONFIDEN-
TIALITY OF THE DATA IS PROTECTED; AND (IV) PROVIDED THAT DISCLOSURE IS
RESTRICTED TO INDIVIDUALS WITHIN THE LOCAL HEALTH DEPARTMENT WHO ARE
ENGAGED IN THE RESEARCH OR EDUCATION;
(I) TO A MEDICAL EXAMINER OR CORONER WHO IS AN OFFICER OF OR EMPLOYED
BY A STATE OR LOCAL GOVERNMENT, PURSUANT TO HIS OR HER OFFICIAL DUTIES;
AND
(J) TO AN INDIVIDUAL FOR THE PURPOSE OF PROVIDING SUCH INDIVIDUAL WITH
HIS OR HER OWN CONTROLLED SUBSTANCE HISTORY OR, IN APPROPRIATE CIRCUM-
STANCES, IN THE CASE OF A PATIENT WHO LACKS CAPACITY TO MAKE HEALTH CARE
DECISIONS, A PERSON WHO HAS LEGAL AUTHORITY TO MAKE SUCH DECISIONS FOR
THE PATIENT AND WHO WOULD HAVE LEGAL ACCESS TO THE PATIENT'S HEALTH CARE
RECORDS, IF REQUESTED FROM THE DEPARTMENT PURSUANT TO SUBDIVISION SIX OF
SECTION THIRTY-THREE HUNDRED FORTY-THREE-A OF THIS ARTICLE OR FROM A
TREATING PRACTITIONER PURSUANT TO SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF
SUBDIVISION TWO OF THIS SECTION.
S 5. Subdivision 2 of section 3371 of the public health law is renum-
bered subdivision 4 and two new subdivisions 2 and 3 are added to read
as follows:
2. THE PRESCRIPTION MONITORING PROGRAM REGISTRY MAY BE ACCESSED, UNDER
SUCH TERMS AND CONDITIONS AS ARE ESTABLISHED BY THE DEPARTMENT FOR
PURPOSES OF MAINTAINING THE SECURITY AND CONFIDENTIALITY OF THE INFORMA-
TION CONTAINED IN THE REGISTRY, BY:
(A) A PRACTITIONER, OR A DESIGNEE AUTHORIZED BY SUCH PRACTITIONER
PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION THIRTY-THREE
HUNDRED FORTY-THREE-A OF THIS ARTICLE, FOR THE PURPOSES OF: (I) INFORM-
ING THE PRACTITIONER THAT A PATIENT MAY BE UNDER TREATMENT WITH A
CONTROLLED SUBSTANCE BY ANOTHER PRACTITIONER; (II) PROVIDING THE PRACTI-
TIONER WITH NOTIFICATIONS OF CONTROLLED SUBSTANCE ACTIVITY AS DEEMED
RELEVANT BY THE DEPARTMENT, INCLUDING BUT NOT LIMITED TO A NOTIFICATION
MADE AVAILABLE ON A MONTHLY OR OTHER PERIODIC BASIS THROUGH THE REGISTRY
OF CONTROLLED SUBSTANCES ACTIVITY PERTAINING TO HIS OR HER PATIENT;
(III) ALLOWING THE PRACTITIONER, THROUGH CONSULTATION OF THE
A. 10623 8
PRESCRIPTION MONITORING PROGRAM REGISTRY, TO REVIEW HIS OR HER PATIENT'S
CONTROLLED SUBSTANCES HISTORY AS REQUIRED BY SECTION THIRTY-THREE
HUNDRED FORTY-THREE-A OF THIS ARTICLE; AND (IV) PROVIDING TO HIS OR HER
PATIENT, OR PERSON AUTHORIZED PURSUANT TO PARAGRAPH (J) OF SUBDIVISION
ONE OF THIS SECTION, UPON REQUEST, A COPY OF SUCH PATIENT'S CONTROLLED
SUBSTANCE HISTORY AS IS AVAILABLE TO THE PRACTITIONER THROUGH THE
PRESCRIPTION MONITORING PROGRAM REGISTRY; OR
(B) A PHARMACIST, PHARMACY INTERN OR OTHER DESIGNEE AUTHORIZED BY THE
PHARMACIST PURSUANT TO PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION
THIRTY-THREE HUNDRED FORTY-THREE-A OF THIS ARTICLE, FOR THE PURPOSES OF:
(I) CONSULTING THE PRESCRIPTION MONITORING PROGRAM REGISTRY TO REVIEW
THE CONTROLLED SUBSTANCES HISTORY OF AN INDIVIDUAL FOR WHOM ONE OR MORE
PRESCRIPTIONS FOR CONTROLLED SUBSTANCES IS PRESENTED TO THE PHARMACIST,
PURSUANT TO SECTION THIRTY-THREE HUNDRED FORTY-THREE-A OF THIS ARTICLE;
AND (II) RECEIVING FROM THE DEPARTMENT SUCH NOTIFICATIONS OF CONTROLLED
SUBSTANCE ACTIVITY AS ARE MADE AVAILABLE BY THE DEPARTMENT.
3. WHERE IT HAS REASON TO BELIEVE THAT A CRIME RELATED TO THE DIVER-
SION OF CONTROLLED SUBSTANCES HAS BEEN COMMITTED, THE DEPARTMENT MAY
NOTIFY APPROPRIATE LAW ENFORCEMENT AGENCIES AND PROVIDE RELEVANT INFOR-
MATION ABOUT THE SUSPECTED CRIMINAL ACTIVITY, INCLUDING CONTROLLED
SUBSTANCES PRESCRIBED OR DISPENSED, AS REASONABLY APPEARS TO BE NECES-
SARY. THE DEPARTMENT SHALL KEEP A RECORD OF THE INFORMATION PROVIDED,
INCLUDING, BUT NOT LIMITED TO: THE SPECIFIC INFORMATION PROVIDED AND THE
AGENCY TO WHICH SUCH INFORMATION WAS PROVIDED, INCLUDING THE NAME AND
TITLE OF THE PERSON TO WHOM SUCH INFORMATION WAS PROVIDED AND AN ATTES-
TATION FROM SUCH PERSON THAT HE OR SHE HAS AUTHORITY TO RECEIVE SUCH
INFORMATION.
S 6. Section 3302 of the public health law is amended by adding a new
subdivision 41 to read as follows:
41. "REGISTRY" OR "PRESCRIPTION MONITORING PROGRAM REGISTRY" MEANS THE
PRESCRIPTION MONITORING PROGRAM REGISTRY ESTABLISHED PURSUANT TO SECTION
THIRTY-THREE HUNDRED FORTY-THREE-A OF THIS ARTICLE.
S 7. This act shall take effect one year after it shall have become a
law; provided, however, that:
(a) the commissioners of health and education are authorized to add,
amend or repeal any rule or regulation necessary and take other action
necessary for the implementation of such provisions on such effective
date;
(b) prior to such effective date, to the extent practicable, the
department of health shall authorize practitioners, pharmacists and
designees to access the prescription monitoring registry as set forth in
this act and shall permit such access prior to such effective date, to
the extent practicable; and
(c) nothing in subdivision (b) of this section shall require a practi-
tioner to consult the registry prior to the effective date of this act.
PART B
Section 1. Sections 270 through 276 and section 277 of article 2-A of
the public health law are designated title I and a new title heading is
added to read as follows:
PREFERRED DRUG AND CLINICAL DRUG REVIEW PROGRAMS
S 1-a. Sections 276-a and 276-b of article 2-A of the public health
law are renumbered sections 278 and 279, respectively, and such sections
and section 280 of such article are designated title II and a new title
heading is added to read as follows:
A. 10623 9
PRESCRIPTION DRUGS; VARIOUS PROVISIONS
S 2. Article 2-A of the public health law is amended by adding a new
title III to read as follows:
TITLE III
PRESCRIPTION FORMS, ELECTRONIC PRESCRIBING AND LANGUAGE ASSISTANCE
SECTION 281. OFFICIAL NEW YORK STATE PRESCRIPTION FORMS.
S 281. OFFICIAL NEW YORK STATE PRESCRIPTION FORMS. 1. IN ADDITION TO
THE REQUIREMENTS OF SECTION SIXTY-EIGHT HUNDRED TEN OF THE EDUCATION LAW
OR ARTICLE THIRTY-THREE OF THIS CHAPTER, ALL PRESCRIPTIONS WRITTEN IN
THIS STATE BY A PERSON AUTHORIZED BY THIS STATE TO ISSUE SUCH
PRESCRIPTIONS SHALL BE ON SERIALIZED OFFICIAL NEW YORK STATE
PRESCRIPTION FORMS PROVIDED BY THE DEPARTMENT. SUCH FORMS SHALL BE
FURNISHED TO PRACTITIONERS AUTHORIZED TO WRITE PRESCRIPTIONS AND TO
INSTITUTIONAL DISPENSERS, AND SHALL BE NON-REPRODUCIBLE AND NON-TRANS-
FERABLE. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF
EDUCATION, MAY PROMULGATE EMERGENCY REGULATIONS FOR THE ELECTRONIC TRAN-
SMISSION OF PRESCRIPTIONS FROM PRESCRIBERS TO PHARMACISTS OR FOR ORDER-
ING AND FILLING REQUIREMENTS OF PRESCRIPTION DRUGS FOR PRESCRIPTIONS
WRITTEN FOR RECIPIENTS ELIGIBLE FOR MEDICAL ASSISTANCE PURSUANT TO TITLE
ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW, FOR PARTICIPANTS IN
THE PROGRAM FOR ELDERLY PHARMACEUTICAL INSURANCE COVERAGE PURSUANT TO
TITLE THREE OF ARTICLE TWO OF THE ELDER LAW AND FOR PRESCRIPTIONS WRIT-
TEN PURSUANT TO ARTICLE THIRTY-THREE OF THIS CHAPTER. NOTHING IN THIS
SECTION SHALL PROHIBIT THE COMMISSIONER IN CONSULTATION WITH THE COMMIS-
SIONER OF EDUCATION FROM PROMULGATING ANY ADDITIONAL EMERGENCY REGU-
LATIONS IN FURTHERANCE OF THIS SUBDIVISION.
2. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCA-
TION, SHALL PROMULGATE REGULATIONS REQUIRING THAT PRESCRIPTION FORMS AND
ELECTRONIC PRESCRIPTIONS INCLUDE: (A) A SECTION WHEREIN PRESCRIBERS MAY
INDICATE WHETHER AN INDIVIDUAL IS LIMITED ENGLISH PROFICIENT, AS DEFINED
IN SECTION SIXTY-EIGHT HUNDRED TWENTY-NINE OF THE EDUCATION LAW; AND (B)
IF THE PATIENT IS LIMITED ENGLISH PROFICIENT, A LINE WHERE THE PRESCRI-
BER MAY SPECIFY THE PREFERRED LANGUAGE INDICATED BY THE PATIENT. FAIL-
URE TO INCLUDE SUCH INDICATION ON THE PART OF THE PRESCRIBER SHALL NOT
INVALIDATE THE PRESCRIPTION.
3. ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE, THE
COMMISSIONER SHALL PROMULGATE REGULATIONS, IN CONSULTATION WITH THE
COMMISSIONER OF EDUCATION, ESTABLISHING STANDARDS FOR ELECTRONIC
PRESCRIPTIONS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION OR
ANY OTHER LAW TO THE CONTRARY, EFFECTIVE TWO YEARS SUBSEQUENT TO THE
DATE ON WHICH SUCH REGULATIONS ARE PROMULGATED, NO PERSON SHALL ISSUE
ANY PRESCRIPTION IN THIS STATE UNLESS SUCH PRESCRIPTION IS MADE BY ELEC-
TRONIC PRESCRIPTION FROM THE PERSON ISSUING THE PRESCRIPTION TO A PHAR-
MACY IN ACCORDANCE WITH SUCH REGULATORY STANDARDS, EXCEPT FOR
PRESCRIPTIONS: (A) ISSUED BY VETERINARIANS; (B) ISSUED IN CIRCUMSTANCES
WHERE ELECTRONIC PRESCRIBING IS NOT AVAILABLE DUE TO TEMPORARY TECHNO-
LOGICAL OR ELECTRICAL FAILURE, AS SET FORTH IN REGULATION; (C) ISSUED BY
PRACTITIONERS WHO HAVE RECEIVED A WAIVER OR A RENEWAL THEREOF FOR A
SPECIFIED PERIOD DETERMINED BY THE COMMISSIONER, NOT TO EXCEED ONE YEAR,
FROM THE REQUIREMENT TO USE ELECTRONIC PRESCRIBING, PURSUANT TO A PROC-
ESS ESTABLISHED IN REGULATION BY THE COMMISSIONER, IN CONSULTATION WITH
THE COMMISSIONER OF EDUCATION, DUE TO ECONOMIC HARDSHIP, TECHNOLOGICAL
LIMITATIONS THAT ARE NOT REASONABLY WITHIN THE CONTROL OF THE PRACTI-
TIONER, OR OTHER EXCEPTIONAL CIRCUMSTANCE DEMONSTRATED BY THE PRACTI-
TIONER; (D) ISSUED BY A PRACTITIONER UNDER CIRCUMSTANCES WHERE, NOTWITH-
STANDING THE PRACTITIONER'S PRESENT ABILITY TO MAKE AN ELECTRONIC
A. 10623 10
PRESCRIPTION AS REQUIRED BY THIS SUBDIVISION, SUCH PRACTITIONER REASON-
ABLY DETERMINES THAT IT WOULD BE IMPRACTICAL FOR THE PATIENT TO OBTAIN
SUBSTANCES PRESCRIBED BY ELECTRONIC PRESCRIPTION IN A TIMELY MANNER, AND
SUCH DELAY WOULD ADVERSELY IMPACT THE PATIENT'S MEDICAL CONDITION,
PROVIDED THAT IF SUCH PRESCRIPTION IS FOR A CONTROLLED SUBSTANCE, THE
QUANTITY OF CONTROLLED SUBSTANCES DOES NOT EXCEED A FIVE DAY SUPPLY IF
THE CONTROLLED SUBSTANCE WERE USED IN ACCORDANCE WITH THE DIRECTIONS FOR
USE; OR (E) ISSUED BY A PRACTITIONER TO BE DISPENSED BY A PHARMACY
LOCATED OUTSIDE THE STATE, AS SET FORTH IN REGULATION.
4. IN THE CASE OF A PRESCRIPTION FOR A CONTROLLED SUBSTANCE ISSUED BY
A PRACTITIONER UNDER PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION,
THE PRACTITIONER SHALL FILE INFORMATION ABOUT THE ISSUANCE OF SUCH
PRESCRIPTION WITH THE DEPARTMENT AS SOON AS PRACTICABLE, AS SET FORTH IN
REGULATION.
5. IN THE CASE OF A PRESCRIPTION FOR A CONTROLLED SUBSTANCE ISSUED BY
A PRACTITIONER UNDER PARAGRAPH (D) OR (E) OF SUBDIVISION THREE OF THIS
SECTION, THE PRACTITIONER SHALL, UPON ISSUING SUCH PRESCRIPTION, FILE
INFORMATION ABOUT THE ISSUANCE OF SUCH PRESCRIPTION WITH THE DEPARTMENT
BY ELECTRONIC MEANS, AS SET FORTH IN REGULATION.
6. THE WAIVER PROCESS ESTABLISHED IN REGULATION PURSUANT TO PARAGRAPH
(C) OF SUBDIVISION THREE OF THIS SECTION SHALL PROVIDE THAT A PRACTI-
TIONER PRESCRIBING UNDER A WAIVER MUST NOTIFY THE DEPARTMENT IN WRITING
PROMPTLY UPON GAINING THE CAPABILITY TO USE ELECTRONIC PRESCRIBING, AND
THAT A WAIVER SHALL TERMINATE WITHIN A SPECIFIED PERIOD OF TIME AFTER
THE PRACTITIONER GAINS SUCH CAPABILITY.
S 3. Section 6810 of the education law is amended by adding four new
subdivisions 10, 11, 12 and 13 to read as follows:
10. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION OR ANY OTHER
LAW TO THE CONTRARY, EFFECTIVE TWO YEARS SUBSEQUENT TO THE DATE ON WHICH
REGULATIONS ESTABLISHING STANDARDS FOR ELECTRONIC PRESCRIPTIONS ARE
PROMULGATED BY THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE
COMMISSIONER PURSUANT TO SUBDIVISION THREE OF SECTION TWO HUNDRED EIGHT-
Y-ONE OF THE PUBLIC HEALTH LAW, NO PRACTITIONER SHALL ISSUE ANY
PRESCRIPTION IN THIS STATE, UNLESS SUCH PRESCRIPTION IS MADE BY ELEC-
TRONIC PRESCRIPTION FROM THE PRACTITIONER TO A PHARMACY, EXCEPT FOR
PRESCRIPTIONS: (A) ISSUED BY VETERINARIANS; (B) ISSUED OR DISPENSED IN
CIRCUMSTANCES WHERE ELECTRONIC PRESCRIBING IS NOT AVAILABLE DUE TO
TEMPORARY TECHNOLOGICAL OR ELECTRICAL FAILURE, AS SET FORTH IN REGU-
LATION; (C) ISSUED BY PRACTITIONERS WHO HAVE RECEIVED A WAIVER OR A
RENEWAL THEREOF FOR A SPECIFIED PERIOD DETERMINED BY THE COMMISSIONER OF
HEALTH, NOT TO EXCEED ONE YEAR, FROM THE REQUIREMENT TO USE ELECTRONIC
PRESCRIBING, PURSUANT TO A PROCESS ESTABLISHED IN REGULATION BY THE
COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE COMMISSIONER DUE TO
ECONOMIC HARDSHIP, TECHNOLOGICAL LIMITATIONS THAT ARE NOT REASONABLY
WITHIN THE CONTROL OF THE PRACTITIONER, OR OTHER EXCEPTIONAL CIRCUM-
STANCE DEMONSTRATED BY THE PRACTITIONER; (D) ISSUED BY A PRACTITIONER
UNDER CIRCUMSTANCES WHERE, NOTWITHSTANDING THE PRACTITIONER'S PRESENT
ABILITY TO MAKE AN ELECTRONIC PRESCRIPTION AS REQUIRED BY THIS SUBDIVI-
SION, SUCH PRACTITIONER REASONABLY DETERMINES THAT IT WOULD BE IMPRACTI-
CAL FOR THE PATIENT TO OBTAIN SUBSTANCES PRESCRIBED BY ELECTRONIC
PRESCRIPTION IN A TIMELY MANNER, AND SUCH DELAY WOULD ADVERSELY IMPACT
THE PATIENT'S MEDICAL CONDITION, PROVIDED THAT IF SUCH PRESCRIPTION IS
FOR A CONTROLLED SUBSTANCE, THE QUANTITY THAT DOES NOT EXCEED A FIVE DAY
SUPPLY IF THE CONTROLLED SUBSTANCE WAS USED IN ACCORDANCE WITH THE
DIRECTIONS FOR USE; OR (E) ISSUED BY A PRACTITIONER TO BE DISPENSED BY A
PHARMACY LOCATED OUTSIDE THE STATE, AS SET FORTH IN REGULATION.
A. 10623 11
11. IN THE CASE OF A PRESCRIPTION ISSUED BY A PRACTITIONER UNDER PARA-
GRAPH (B) OF SUBDIVISION TEN OF THIS SECTION, THE PRACTITIONER SHALL BE
REQUIRED TO FILE INFORMATION ABOUT THE ISSUANCE OF SUCH PRESCRIPTION
WITH THE DEPARTMENT OF HEALTH AS SOON AS PRACTICABLE, AS SET FORTH IN
REGULATION.
12. IN THE CASE OF A PRESCRIPTION ISSUED BY A PRACTITIONER UNDER PARA-
GRAPH (D) OR (E) OF SUBDIVISION TEN OF THIS SECTION, THE PRACTITIONER
SHALL, UPON ISSUING SUCH PRESCRIPTION, FILE INFORMATION ABOUT THE ISSU-
ANCE OF SUCH PRESCRIPTION WITH THE DEPARTMENT OF HEALTH BY ELECTRONIC
MEANS, AS SET FORTH IN REGULATION.
13. THE WAIVER PROCESS ESTABLISHED IN REGULATION PURSUANT TO PARAGRAPH
(C) OF SUBDIVISION TEN OF THIS SECTION SHALL PROVIDE THAT A PRACTITIONER
PRESCRIBING UNDER A WAIVER MUST NOTIFY THE DEPARTMENT IN WRITING PROMPT-
LY UPON GAINING THE CAPABILITY TO USE ELECTRONIC PRESCRIBING, AND THAT A
WAIVER SHALL TERMINATE WITHIN A SPECIFIED PERIOD OF TIME AFTER THE PRAC-
TITIONER GAINS SUCH CAPABILITY.
S 4. Section 21 of the public health law is REPEALED.
S 5. This act shall take effect immediately; provided, however, that
the provisions of subdivision 2 of section 281 of the public health law,
as added by section two of this act, shall take effect March 30, 2013,
except that as of such date, the commissioner of health, the commission-
er of education and the state board of pharmacy are immediately author-
ized and directed to take actions necessary to implement such provisions
as of such date; provided, further, that any rules or regulations that
have been adopted or proposed prior to the effective date of this act
which are applicable to section 21 of the public health law shall now
apply to section 281 of the public health law as added by section two of
this act; and provided, further, that any rules or regulations that have
been adopted or proposed prior to the effective date of this act which
are applicable to sections 276-a and 276-b of the public health law
shall now apply to section 278 and 279 of the public health law, respec-
tively, renumbered by section one-a of this act.
PART C
Section 1. Paragraph 1 of subdivision (b) of schedule II of section
3306 of the public health law, as amended by chapter 457 of the laws of
2006, is amended to read as follows:
(1) Opium and opiate, and any salt, compound, derivative, or prepara-
tion of opium or opiate, excluding apomorphine, dextrorphan, nalbuphine,
nalmefene, naloxone, and naltrexone, and their respective salts, but
including the following:
1. Raw opium.
2. Opium extracts.
3. Opium fluid.
4. Powdered opium.
5. Granulated opium.
6. Tincture of opium.
7. Codeine.
8. Ethylmorphine.
9. Etorphine hydrochloride.
10. Hydrocodone (ALSO KNOWN AS DIHYDROCODEINONE).
11. Hydromorphone.
12. Metopon.
13. Morphine.
14. Oxycodone.
A. 10623 12
15. Oxymorphone.
16. Thebaine.
17. Dihydroetorphine.
18. ORIPAVINE.
S 2. Schedule II of section 3306 of the public health law is amended
by adding a new subdivision (b-1) to read as follows:
(B-1) UNLESS SPECIFICALLY EXCEPTED OR UNLESS LISTED IN ANOTHER SCHED-
ULE, ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARATION CONTAINING ANY OF
THE FOLLOWING, OR THEIR SALTS CALCULATED AS THE FREE ANHYDROUS BASE OR
ALKALOID, IN LIMITED QUANTITIES AS SET FORTH BELOW:
(1) NOT MORE THAN THREE HUNDRED MILLIGRAMS OF DIHYDROCODEINONE (HYDRO-
CODONE) PER ONE HUNDRED MILLILITERS OR NOT MORE THAN FIFTEEN MILLIGRAMS
PER DOSAGE UNIT, WITH A FOURFOLD OR GREATER QUANTITY OF AN ISOQUINOLINE
ALKALOID OF OPIUM.
(2) NOT MORE THAN THREE HUNDRED MILLIGRAMS OF DIHYDROCODEINONE (HYDRO-
CODONE) PER ONE HUNDRED MILLILITERS OR NOT MORE THAN FIFTEEN MILLIGRAMS
PER DOSAGE UNIT, WITH ONE OR MORE ACTIVE NONNARCOTIC INGREDIENTS IN
RECOGNIZED THERAPEUTIC AMOUNTS.
S 3. Section 3307 of the public health law is amended by adding a new
subdivision 5 to read as follows:
5. THE COMMISSIONER SHALL ESTABLISH MINIMUM STANDARDS FOR THE STORAGE,
REPORTING, ORDERING AND RECORD KEEPING OF CONTROLLED SUBSTANCES SPECI-
FIED IN SUBDIVISION (B-1) OF SCHEDULE II OF SECTION THIRTY-THREE HUNDRED
SIX OF THIS ARTICLE BY MANUFACTURERS AND DISTRIBUTORS AS IF SUCH
SUBSTANCES WERE SET FORTH IN SCHEDULE III OF SECTION THIRTY-THREE
HUNDRED SIX OF THIS ARTICLE.
S 4. Paragraph 6 of subdivision (b) of schedule II of section 3306 of
the public health law is REPEALED.
S 5. Subdivision (c) of schedule II of section 3306 of the public
health law is amended by adding a new paragraph 28 to read as follows:
(28) TAPENTADOL.
S 6. Subdivision (d) of schedule II of section 3306 of the public
health law, as added by chapter 664 of the laws of 1985, paragraph 5 as
added by chapter 178 of the laws of 2010, is amended to read as follows:
(d) Stimulants. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances having a stimulant
effect on the central nervous system, INCLUDING ITS SALTS, ISOMERS, AND
SALTS OF ISOMERS:
(1) Amphetamine[, its salts, optical isomers, and salts of its optical
isomers].
(2) Methamphetamine[, its salts, isomers, and salts of its isomers].
(3) Phenmetrazine [and its salts].
(4) Methylphenidate.
(5) Lisdexamfetamine.
S 7. Subdivision (g) of schedule II of section 3306 of the public
health law is amended by adding a new paragraph 3 to read as follows:
(3) IMMEDIATE PRECURSOR TO FENTANYL:
(I) 4-ANILINO-N-PHENETHYL-4-PIPERIDINE (ANPP).
S 8. Subdivision (h) of schedule II of section 3306 of the public
health law, as amended by chapter 178 of the laws of 2010, is amended to
read as follows:
(h) Anabolic steroids. Unless specifically excepted or unless listed
in another schedule, "anabolic steroid" shall mean any drug or hormonal
substance, chemically and pharmacologically related to testosterone
(other than estrogens, progestins, corticosteroids and dehydroepiandros-
A. 10623 13
terone) [that promotes muscle growth, or any material, compound,
mixture, or preparation which contains any amount of the following
substances] AND INCLUDES:
(1) 3{beta}, 17-dihydroxy-5a-androstane.
(2) 3{alpha}, 17{beta}-dihydroxy-5a-androstane.
(3) 5{alpha}-androstan-3,17-dione.
(4) 1-androstenediol (3{beta},17{beta}-dihydroxy-5{alpha}-androst-1-
ene).
(5) 1-androstenediol (3{alpha},17{beta}-dihydroxy-5{alpha}-androst-1-
ene).
(6) 4-androstenediol (3{beta}, 17{beta}-dihydroxy-androst-4-ene).
(7) 5-androstenediol (3{beta}, 17{beta}-dihydroxy-androst-5-ene).
(8) 1-androstenedione ({5{alpha}}-androst-1-en-3,17-dione).
(9) 4-androstenedione (androst-4-en-3,17-dione).
(10) 5-androstenedione (androst-5-en-3,17-dione).
(11) Bolasterone (7{alpha},17{alpha}-dimethyl-17{beta}-hydroxyandrost-
4-en-3-one).
(12) Boldenone (17{beta}-hydroxyandrost-1, 4,-diene-3-one).
(13) BOLDIONE (ANDROSTA-1,4-DIENE-3,17-DIONE).
(14) Calusterone (7{beta}, 17{alpha}-dimethyl-17{beta}-hydroxyandrost-
4-en-3-one).
[(14)] (15) Clostebol (4-chloro-17{beta}-hydroxyandrost-4-en-3-one).
[(15)] (16) Dehydrochloromethyltestosterone [(4-chloro-17{beta}-
hydroxy-17{alpha}-methyl-androst-1] (4-CHLORO-17{BETA}-HYDROXY-17
{ALPHA}-METHYL-ANDROST-1, 4-dien-3-one).
[(16)] (17) {Delta} 1-dihydrotestosterone (a.k.a. '1-testosterone')
(17 {beta}-hydroxy-5{alpha}-androst-1-en-3-one).
[(17)] (18) 4-dihydrotestosterone (17{beta}-hydroxy-androstan-3-one).
[(18)] (19) Drostanolone (17{beta}-hydroxy-2{alpha}-methyl-5{alpha}
-androstan-3-one).
[(19)] (20) Ethylestrenol (17{alpha}-ethyl-17{beta}-hydroxyestr-
4-ene).
[(20)] (21) Fluoxymesterone (9-fluoro-17{alpha}-methyl-11{beta}, 17
{beta}-[dihydroxandrost]DIHYDROXYANDROST-4-en-3-one).
[(21)] (22) Formebolone (2-formyl-17{alpha}-methyl-11{alpha},
17{beta}-dihydroxyandrost-1, 4-dien-3-one).
[(22)] (23) Furazabol (17{alpha}-methyl-17{beta}-hydroxyandrostano
{2, 3-c}-furazan).
[(23) 13{beta}-ethyl-17{alpha}-hydroxygon-4-en-3-one]
(24) 13{BETA}-ETHYL-17{BETA}-HYROXYGON-4-EN-3-ONE.
[(24)] (25) 4-hydroxytestosterone [(4,17 {beta}-dihydroxyandrost-4-
en-3-one)] (4, 17{BETA}-DIHYDROXY-ANDROST-4-EN-3-ONE).
[(25)] (26) 4-hydroxy-19-nortestosterone
(4,17{beta}-dihydroxy-estr-4-en-3-one).
[(26)] (27) DESOXYMETHYLTESTOSTERONE
(17{ALPHA}-METHYL-5{ALPHA}-ANDROST-2-EN-17{BETA}-OL) (A.K.A., MADOL).
(28) Mestanolone (17{alpha}-methyl-17{beta}-hydroxy-
5-androstan-3-one).
[(27)] (29) Mesterolone (1{alpha}[-]methyl-17{beta}-hydroxy-
{5{alpha}}-androstan-3-one).
[(28)] (30) Methandienone (17{alpha}-methyl-17{beta}-hydroxyandrost-1,
4-dien-3-one).
[(29)] (31) Methandriol (17{alpha}-methyl-3{beta},
17{beta}-dihydroxyandrost-5-ene).
[(30)] (32) Methenolone (1-methyl-17{beta}-hydroxy-5{alpha}-androst-
1-en-3-one).
A. 10623 14
[(31)] (33) 17{alpha}-methyl-3{beta},17{beta}-dihydroxy-5a-androstane.
[(32)] (34) 17{alpha}-methyl-3{alpha}, 17{beta}-dihydroxy- 5a-andros-
tane.
[(33)] (35) 17{alpha}-methyl-3{beta}, 17{beta}-dihydroxyandrost-4-ene.
[(34)] (36) 17{alpha}-methyl-4-hydroxynandrolone (17{alpha}-methyl-4-
hydroxy-17{beta}-hydroxyestr-4-en-3-one).
[(35)] (37) Methyldienolone (17{alpha}-methyl-17{beta}-hydroxyestra-
4,9(10)-dien-3-one).
[(36)] (38) Methyltrienolone
(17{alpha}-methyl-17{beta}-hydroxyestra-4, 9-11-trien-3-one).
[(37)] (39) Methyltestosterone
(17{alpha}-methyl-17{beta}-hydroxyandrost- 4-en-3-one).
[(38)] (40) Mibolerone
(7{alpha},17{alpha}-dimethyl-17{beta}-hydroxyestr- 4-en-3-one).
[(39)] (41) 17{alpha}-methyl-{Delta} 1-dihydrotestosterone
(17b{beta}-hydroxy-17{alpha}-methyl-5{alpha}-androst-1-en-3-one)
(a.k.a. '17-{alpha}-methyl-1-testosterone').
[(40)] (42) Nandrolone(17{beta}-hydroxyestr-4-en-3-one).
[(41)] (43) 19-nor-4-androstenediol (3{beta},17{beta}-dihydroxyestr
-4-ene).
[(42)] (44) 19-nor-4-androstenediol (3{alpha},17{beta}-dihydroxyestr-
4-ene).
[(43)] (45) 19-nor-5-androstenediol (3{beta},17{beta}-dihydroxyestr
-5-ene).
[(44)] (46) 19-nor-5-androstenediol (3{alpha},17{beta}-dihydroxyestr-
5-ene).
[(45)] (47) 19-NOR-4,9(10)-ANDROSTADIENEDIONE
(ESTRA-4,9(10)-DIENE-3,17-DIONE).
(48) 19-nor-4-androstenedione (estr-4-en-3,17-dione).
[(46)] (49) 19-nor-5-androstenedione (estr-5-en-3,17-dione).
[(47)] (50) Norbolethone (13{beta}, 17{alpha}-diethyl-17{beta}
-hydroxygon-4-en-3-one).
[(48)] (51) Norclostebol (4-chloro-17{beta}-hydroxyestr-4-en-3-one).
[(49)] (52) Norethandrolone (17{alpha}-ethyl-17{beta}-hydroxyestr-
4-en-3-one).
[(50)] (53) Normethandrolone (17{alpha}-methyl-17{beta}
-hydroxyestr-4-en-3-one).
[(51)] (54) Oxandrolone (17{alpha}-methyl-17{beta}-hydroxy-2-oxa-
{5{alpha}}-androstan-3-one).
[(52)] (55) Oxymesterone (17{alpha}-methyl-4, 17{beta}-dihydroxy[-]
androst-4-en-3-one).
[(53)] (56) Oxymetholone (17 {alpha}-methyl-2-hydroxymethylene-17
{beta}-hydroxy-{5{alpha}}- androstan-3-one).
[(54)] (57) Stanozolol (17{alpha}-methyl-17{beta}-hydroxy-{5{alpha}}-
androst-2-eno{3, 2-c}-pyrazole).
[(55)] (58) Stenbolone (17{beta}-hydroxy-2-methyl-{5{alpha}}-androst-
1-en-3-one).
[(56)] (59) Testolactone (13-hydroxy-3-oxo-13, 17-secoandrosta-1,
4-dien-17-oic acid lactone).
[(57)] (60) Testosterone (17{beta}-hydroxyandrost-4-en-3-one).
[(58)] (61) Tetrahydrogestrinone (13{beta}, 17{alpha}-diethyl
-17{beta}-hydroxygon-4, 9, 11-trien-3-one).
[(59)] (62) Trenbolone (17{beta}-hydroxyestr-4, 9, 11-trien-3-one).
[(60)] (63) Any salt, ester or ether of a drug or substance described
or listed in this subdivision.
A. 10623 15
S 9. The opening paragraph of subdivision (c) of schedule III of
section 3306 of the public health law, as added by chapter 664 of the
laws of 1985, is amended to read as follows:
Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity
of the following substances having a depressant effect on the central
nervous system, INCLUDING ITS SALTS, ISOMERS, AND SALTS OF ISOMERS:
S 10. Subdivision (e) of schedule III of section 3306 of the public
health law, as added by chapter 664 of the laws of 1985, paragraphs 3
and 4 as amended by chapter 589 of the laws of 1996 and paragraph 9 as
added by chapter 457 of the laws of 2006, is amended to read as follows:
(e) Narcotic drugs. Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or preparation
containing any of the following narcotic drugs, or their salts calcu-
lated as the free anhydrous base or alkaloid, in limited quantities as
set forth below:
(1) Not more than 1.8 grams of codeine per one hundred milliliters or
not more than ninety milligrams per dosage unit, with an equal or great-
er quantity of an isoquinoline alkaloid of opium.
(2) Not more than 1.8 grams of codeine per one hundred milliliters or
not more than ninety milligrams per dosage unit, with one or more
active, nonnarcotic ingredients in recognized therapeutic amounts.
(3) [Not more than three hundred milligrams of dihydrocodeinone
(hydrocodone) per one hundred milliliters or not more than fifteen
milligrams per dosage unit, with a fourfold or greater quantity of an
isoquinoline alkaloid of opium.
(4) Not more than three hundred milligrams of dihydrocodeinone (hydro-
codone) per one hundred milliliters or not more than fifteen milligrams
per dosage unit, with one or more active nonnarcotic ingredients in
recognized therapeutic amounts.
(5)] Not more than 1.8 grams of dihydrocodeine per one hundred milli-
liters or not more than ninety milligrams per dosage unit, with one or
more active nonnarcotic ingredients in recognized therapeutic amounts.
[(6)] (4) Not more than three hundred milligrams of ethylmorphine per
one hundred milliliters or not more than fifteen milligrams per dosage
unit, with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts.
[(7)] (5) Not more than five hundred milligrams of opium per one
hundred milliliters or per one hundred grams or not more than twenty-
five milligrams per dosage unit, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts.
[(8)] (6) Not more than fifty milligrams of morphine per one hundred
milliliters or per one hundred grams, with one or more active, nonnar-
cotic ingredients in recognized therapeutic amounts.
[(9)] (7) Buprenorphine in any quantities.
S 11. Subdivision (f) of schedule III of section 3306 of the public
health law, as amended by chapter 178 of the laws of 2010, is amended to
read as follows:
(f) [(i)] Dronabinol (SYNTHETIC) in sesame oil and encapsulated in a
soft gelatin capsule in a [drug product approved for marketing by the]
U.S. Food and Drug Administration [(FDA)] APPROVED PRODUCT.
[(ii) Any drug product in tablet or capsule form containing natural
dronabinol derived from the cannabis (plant) or synthetic dronabinol
(produced from synthetic materials) for which an abbreviated new drug
application (ANDA) has been approved by the FDA under section 505(j) of
the Federal Food, Drug, and Cosmetic Act which references as its listed
A. 10623 16
drug the drug product referred to in paragraph (i) of this subdivision.]
Some other names for dronabinol include: (6aR-trans)-6a, 7, 8, 10a-tet-
rahydro-6, 6, 9-trimethyl-3-pentyl-6H-dibenzo{b,d} pyran-1-o1, or
(-)-delta-9-(trans) - tetrahydrocannabinol.
S 12. Subdivision (c) of schedule IV of section 3306 of the public
health law is amended by adding two new paragraphs 52 and 53 to read as
follows:
(52) FOSPROPOFOL.
(53) CARISOPRODOL.
S 13. Paragraph 11 of subdivision (e) of schedule IV of section 3306
of the public health law, as added by chapter 457 of the laws of 2006,
is amended to read as follows:
(11) [Modafanil] MODAFINIL.
S 14. Subdivision (f) of schedule IV of section 3306 of the public
health law is amended by adding a new paragraph 3 to read as follows:
(3) TRAMADOL IN ANY QUANTITIES.
S 15. Subdivision (b) of schedule V of section 3306 of the public
health law, as added by chapter 664 of the laws of 1985, is amended to
read as follows:
(b) Narcotic drugs containing nonnarcotic active medicinal ingredi-
ents. Any compound, mixture, or preparation containing any of the
following narcotic drugs, or their salts calculated as the free anhyd-
rous base or alkaloid, in limited quantities as set forth below, which
shall include one or more nonnarcotic active medicinal ingredients in
sufficient proportion to confer upon the compound, mixture, or prepara-
tion valuable medicinal [qualitites] QUALITIES other than those
possessed by narcotic drugs alone:
(1) Not more than two hundred milligrams of codeine per one hundred
milliliters or per one hundred grams.
(2) Not more than one hundred milligrams of dihydrocodeine per one
hundred milliliters or per one hundred grams.
(3) Not more than one hundred milligrams of ethylmorphine per one
hundred milliliters or per one hundred grams.
(4) Not more than 2.5 milligrams of diphenoxylate and not less than
twenty-five micrograms of atropine sulfate per dosage unit.
(5) Not more than one hundred milligrams of opium per one hundred
milliliters or per one hundred grams.
(6) Not more than 0.5 milligram of difenoxin and not less than twen-
ty-five micrograms of atropine sulfate per dosage unit.
S 16. Subdivision (d) of schedule V of section 3306 of the public
health law, as added by chapter 178 of the laws of 2010, is amended to
read as follows:
(d) Depressants. Unless specifically exempted or excluded or unless
listed in another schedule, any material, compound, mixture, or prepara-
tion which contains any quantity of the following substances having a
depressant effect on the central nervous system, including its salts,
ISOMERS, AND SALTS OF ISOMERS:
(1) EZOGABINE {N-{2-AMINO-4-(4-FLUOROBENZYLAMINO)-PHENYL}-CARBAMIC
ACID ETHYL ESTER}.
(2) LACOSAMIDE {(R)-2-ACETOAMIDO-N-BENZYL-3-METHOXY-PROPIONAMIDE}.
(3) Pregabalin [(]{(S)-3-(aminomethyl)-5-methylhexanoic acid[)]}.
S 17. Subdivision 7 of section 3331 of the public health law, as
amended by chapter 640 of the laws of 1990, is amended to read as
follows:
7. A practitioner may not administer, prescribe or dispense any
substance referred to in subdivision (h) [or subdivision (j)] of Sched-
A. 10623 17
ule II, AND SUBDIVISION (G) OF SCHEDULE III, of section three thousand
three hundred six of this article for other than therapeutic purposes. A
practitioner may not administer, prescribe or dispense any such
substance to any individual without first obtaining the informed consent
of such individual, or where the individual lacks capacity to give such
consent, a person legally authorized to consent on his or her behalf.
S 18. Subdivision 8 of section 220.00 of the penal law, as amended by
chapter 664 of the laws of 1985, is amended to read as follows:
8. "Narcotic preparation" means any controlled substance listed in
schedule II(B-1), III(d) or III(e).
S 19. This act shall take effect on the ninetieth day after it shall
have become a law; provided that sections two, three, ten, fourteen and
eighteen shall take effect on the one hundred eightieth day after it
shall have become a law; and provided that sections fifteen and seven-
teen of this act shall take effect immediately.
PART D
Section 1. Subparagraphs (i), (ii) and (iii) of paragraph (b) of
subdivision 2 of section 3309-a of the public health law, as added by
section 52 of part D of chapter 56 of the laws of 2012, are amended and
a new subparagraph (iv) is added to read as follows:
(i) Report to the commissioner regarding the development of recommen-
dations and model courses for continuing medical education, refresher
courses and other training materials for licensed health care profes-
sionals on appropriate use of prescription pain medication. Such recom-
mendations, model courses and other training materials shall be submit-
ted to the commissioner, who shall make such information available for
the use in medical education, residency programs, fellowship programs,
and for use in continuing medication education programs no later than
January first, two thousand thirteen. SUCH RECOMMENDATIONS ALSO SHALL
INCLUDE RECOMMENDATIONS ON: (A) EDUCATIONAL AND CONTINUING MEDICAL
EDUCATION REQUIREMENTS FOR PRACTITIONERS APPROPRIATE TO ADDRESS
PRESCRIPTION PAIN MEDICATION AWARENESS AMONG HEALTH CARE PROFESSIONALS;
(B) CONTINUING EDUCATION REQUIREMENTS FOR PHARMACISTS RELATED TO
PRESCRIPTION PAIN MEDICATION AWARENESS; AND (C) CONTINUING EDUCATION IN
PALLIATIVE CARE AS IT RELATES TO PAIN MANAGEMENT, FOR WHICH PURPOSE THE
WORK GROUP SHALL CONSULT THE NEW YORK STATE PALLIATIVE CARE EDUCATION
AND TRAINING COUNCIL;
(ii) No later than January first, two thousand thirteen, provide
outreach and assistance to health care professional organizations to
encourage and facilitate continuing medical education training programs
for their members regarding appropriate prescribing practices FOR THE
BEST PATIENT CARE and the risks associated with [prescription] OVERPRES-
CRIBING AND UNDERPRESCRIBING pain medication; [and]
(iii) Provide information to the commissioner for use in the develop-
ment and continued update of the public awareness campaign, including
information, resources, and active web links that should be included on
the website[.]; AND
(IV) CONSIDER OTHER ISSUES DEEMED RELEVANT BY THE COMMISSIONER,
INCLUDING HOW TO PROTECT AND PROMOTE THE ACCESS OF PATIENTS WITH A
LEGITIMATE NEED FOR CONTROLLED SUBSTANCES, PARTICULARLY MEDICATIONS
NEEDED FOR PAIN MANAGEMENT BY ONCOLOGY PATIENTS, AND WHETHER AND HOW TO
ENCOURAGE OR REQUIRE THE USE OR SUBSTITUTION OF OPIOID DRUGS THAT EMPLOY
TAMPER-RESISTANCE TECHNOLOGY AS A MECHANISM FOR REDUCING ABUSE AND
DIVERSION OF OPIOID DRUGS.
A. 10623 18
S 2. Subdivision 3 of section 3309-a of the public health law, as
added by section 52 of part D of chapter 56 of the laws of 2012, is
amended to read as follows:
3. ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND TWELVE, THE COMMISSION-
ER, IN CONSULTATION WITH THE COMMISSIONER OF THE OFFICE OF ALCOHOLISM
AND SUBSTANCE ABUSE SERVICES, THE COMMISSIONER OF EDUCATION, AND THE
EXECUTIVE SECRETARY OF THE STATE BOARD OF PHARMACY, SHALL ADD TO THE
WORKGROUP SUCH ADDITIONAL MEMBERS AS APPROPRIATE SO THAT THE WORKGROUP
MAY PROVIDE GUIDANCE IN FURTHERANCE OF THE IMPLEMENTATION OF THE I-STOP
ACT. FOR SUCH PURPOSES, THE WORKGROUP SHALL INCLUDE BUT NOT BE LIMITED
TO CONSUMER ADVISORY ORGANIZATIONS, HEALTH CARE PRACTITIONERS AND
PROVIDERS, ONCOLOGISTS, ADDICTION TREATMENT PROVIDERS, PRACTITIONERS
WITH EXPERIENCE IN PAIN MANAGEMENT, PHARMACISTS AND PHARMACIES, AND
REPRESENTATIVES OF LAW ENFORCEMENT AGENCIES.
4. The commissioner shall report to the governor, the temporary presi-
dent of the senate and the speaker of the assembly no later than March
first, two thousand thirteen, and annually thereafter, on the work
group's findings. The report shall include information on opioid over-
dose deaths, emergency room utilization for the treatment of opioid
overdose, the utilization of pre-hospital addiction services and recom-
mendations to reduce opioid addiction and the consequences thereof. THE
REPORT SHALL ALSO INCLUDE A RECOMMENDATION AS TO WHETHER SUBDIVISION TWO
OF SECTION THIRTY-THREE HUNDRED FORTY-THREE-A OF THIS ARTICLE SHOULD BE
AMENDED TO REQUIRE PRACTITIONERS PRESCRIBING OR DISPENSING CERTAIN IDEN-
TIFIED SCHEDULE V CONTROLLED SUBSTANCES TO COMPLY WITH THE CONSULTATION
REQUIREMENTS OF SUCH SUBDIVISION.
S 3. This act shall take effect immediately.
PART E
Section 1. The public health law is amended by adding a new section
3343-b to read as follows:
S 3343-B. SAFE DISPOSAL OF UNUSED CONTROLLED SUBSTANCES. THE DEPART-
MENT SHALL ESTABLISH A PROGRAM FOR THE SAFE DISPOSAL OF UNUSED
CONTROLLED SUBSTANCES BY CONSUMERS IN ACCORDANCE WITH FEDERAL LAW. THE
PROGRAM SHALL PERMIT INDIVIDUAL MEMBERS OF THE PUBLIC TO VOLUNTARILY
SURRENDER CONTROLLED SUBSTANCES LISTED ON SCHEDULE II, III, IV OR V OF
SECTION THIRTY-THREE HUNDRED SIX OF THIS ARTICLE IN A SECURE MANNER,
WITHOUT IDENTIFYING THEMSELVES, AND SHALL BE PUBLICIZED CONSISTENT WITH
THE PRESCRIPTION PAIN MEDICATION AWARENESS PROGRAM ESTABLISHED PURSUANT
TO SECTION THIRTY-THREE HUNDRED NINE-A OF THIS ARTICLE. THE SURRENDER OF
A CONTROLLED SUBSTANCE PURSUANT TO THE PROGRAM ESTABLISHED PURSUANT TO
THIS SECTION SHALL NOT CONSTITUTE THE POSSESSION, TRANSFER OR SALE OF
SUCH CONTROLLED SUBSTANCE FOR PURPOSES OF THIS ARTICLE OR THE PENAL LAW.
IN DEVELOPING SUCH PROGRAM, THE DEPARTMENT SHALL CONSIDER THE FOLLOWING:
APPROPRIATE SITES FOR DISPOSAL THROUGHOUT THE STATE; THE ROLE OF LAW
ENFORCEMENT AND FEDERAL AUTHORITIES, AS APPROPRIATE; AND THE MANNER IN
WHICH POTENTIAL COSTS TO LOCALITIES OR TO THE STATE WILL BE ADDRESSED.
DISPOSAL SITES SHALL BE OPERATED BY LAW ENFORCEMENT AGENCIES ON A VOLUN-
TARY BASIS IN COLLABORATION WITH THE DEPARTMENT. NOTHING IN THIS
SECTION SHALL REQUIRE ANY POLITICAL SUBDIVISION OF THE STATE TO PARTIC-
IPATE IN THE PROGRAM ESTABLISHED IN THIS SECTION.
S 2. This act shall take effect immediately.
S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
A. 10623 19
impair or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, subdivision, section or
part thereof directly involved in the controversy in which such judgment
shall have been rendered. It is hereby declared to be the intent of the
legislature that this act would have been enacted even if such invalid
provisions had not been included herein.
S 4. This act shall take effect immediately; provided, however, that
the applicable effective date of Parts A through E of this act shall be
as specifically set forth in the last section of such Parts.