NY State Senate Bill 2011-S7637

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 27, 2012	signed chap.447 delivered to governor
Jun 11, 2012	returned to senate passed assembly ordered to third reading rules cal.142 substituted for a10623 referred to ways and means delivered to assembly passed senate ordered to third reading cal.1142 reported and committed to rules
Jun 08, 2012	referred to health

Votes

- Jun 11, 2012 - Floor Vote
  S7637
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 11, 2012
      
      aye (59)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Storobin
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (3)
      
      Espaillat
      
      Huntley
      
      Krueger
  Jun 11, 2012 - Rules Committee Vote
  S7637
  
  22
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 11, 2012
      
      aye (22)
      
      Alesi
      
      Breslin
      
      Dilan
      
      Farley
      
      Fuschillo
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Seward
      
      Skelos
      
      Smith
      
      Stewart-Cousins
      
      aye wr (2)
      
      Duane
      
      Montgomery
      
      excused (1)
      
      Krueger
  Jun 11, 2012 - Health Committee Vote
  S7637
  
  16
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Jun 11, 2012
      
      aye (16)
      
      Adams
      
      Ball
      
      Farley
      
      Fuschillo
      
      Gianaris
      
      Golden
      
      Hannon
      
      Larkin
      
      McDonald
      
      Montgomery
      
      Peralta
      
      Rivera
      
      Seward
      
      Smith
      
      Stewart-Cousins
      
      Young
      
      aye wr (1)
      
      Duane

co-Sponsors

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2011-S7637 (ACTIVE) - Details

See Assembly Version of this Bill:: A10623
Law Section:: Public Health Law
Laws Affected:: Rpld §21, §3306 schedule II sub (b) ¶6, amd Pub Health L, generally; amd §6810, Ed L; amd §220.00, Pen L

2011-S7637 (ACTIVE) - Summary

Enacts the Internet system for tracking over-prescribing (I-STOP) act and creates a prescription monitoring program registry (part A); relates to prescription drug forms, electronic prescribing and language assistance (part B); relates to schedules of controlled substances (part C); relates to continuing education for practitioners and pharmacists in prescription pain medication awareness and the duties of the pain management awareness workgroup (part D)

2011-S7637 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7637

TITLE OF BILL:
AN ACT to amend the public health law, in relation to enacting the
internet system for tracking over-prescribing (I-STOP) act and creating
a prescription monitoring program registry (Part A); to amend the public
health law and the education law, in relation to prescription drug
forms, electronic prescribing and language assistance; and to repeal
section 21 of the public health law, relating thereto (Part B); to amend
the public health law and the penal law, in relation to schedules of
controlled substances; and to repeal certain provisions of the public
health law relating thereto (Part C); to amend the public health law, in
relation to continuing education for practitioners and pharmacists in
prescription pain medication awareness and the duties of the
prescription pain management awareness workgroup (Part D); and to amend
the public health law, in relation to the safe disposal of controlled
substances (Part E)

PURPOSE:
This bill would promote the safe and effective use of prescription drugs
and curb the diversion and abuse of such drugs by: (1) modernizing the
state's Prescription Monitoring Program and enacting the Internet System
for Tracking Over-Prescribing Act; (2) requiring all prescriptions to be
transmitted by electronic means; (3) updating the State's controlled
substance schedules; (4) expanding the duties of the workgroup estab-
lished under the Prescription Pain Medication Awareness Program with

respect to continuing education for practitioners and pharmacists; and
(5) requiring the Department of Health (DOH) to establish a safe
disposal program to facilitate consumer disposal of unused medications.

SUMMARY OF PROVISIONS:
Section 1 of the bill sets forth the legislative intent and findings
explaining the measures taken by the bill to address diversion and abuse
of controlled substances.

Section 2 of the bill provides that each part is a separate component of
the bill with its own effective date.

Section 3 of the bill, which appears after Part E, sets forth a severa-
bility provision.

Section 4 sets forth an overall effective date for the bill.

A. The "Internet System for Tracking Over-Prescribing" (I-STOP) Act
(Part A)

Section 1 of Part A of the bill provides that the bill would enact the
"Internet System for Tracking Over-Prescribing" (I-STOP) Act.

Section 2 of Part A of the bill would add new Public Health Law (PHL)
3343-a. New PHL § 3343-a(1) would require the Commissioner of Health to

update the State's existing Prescription Monitoring Program by estab-
lishing and maintaining a system for collecting, monitoring and report-
ing data concerning the prescribing and dispensing of controlled
substances. Known as the Prescription Monitoring Program Registry (PMP
Registry or Registry), the Registry would be secure, easily accessible
by practitioners and pharmacists, and compatible with the electronic
transmission of prescriptions for controlled substances required under
Part B of the bill.

New PHL § 3343-a(2) would require health care practitioners or their
authorized designees to consult the Registry before prescribing or
dispensing any controlled substance listed on Schedule II, III or IV of
PHL § 3306, with certain exceptions.

New PHL § 3343-a(3) would permit pharmacists or their authorized desig-
nees to consult the Registry before dispensing a controlled substance.

New PHL § 3343-a(4) would provide practitioners, pharmacists or their
designees who act reasonably and in good faith immunity from civil
liability arising from any false, incomplete or inaccurate information
submitted to or reported by the Registry or for any resulting failure of
the system to accurately or timely report such information.

New PHL § 3343-a(5) would require the Commissioner of Health to provide
guidance to practitioners and, in consultation with the Commissioner of
Education, to pharmacists and pharmacies, regarding the purposes and
uses of the Registry established by this section.

New PHL § 3343-a(6) would permit individuals to request copies of their
controlled substance history maintained in the Registry and to seek
correction of erroneous information.

New PHL § 3343-a(7) would require DOH to periodically analyze data
contained in the Registry and provide information about potential
violations of law or breaches of professional standards to the appropri-
ate entities.

New PHL § 3343-a(8) would require DOH to seek funding, as appropriate,
from the federal government or other entities to support operation of
the Registry, and to prohibit DOH from specifically imposing fees for
such operation on practitioners, pharmacists, designees or patients.

New PHL § 3343-a(9) would require the Commissioner of Health to promul-
gate rules and regulations necessary to effectuate the provisions of new
PHL § 3343-a.

Section 3 of Part A of the bill would amend PHL § 3333(4) to require
that pharmacies file prescription information with DOH by electronic
means on a real time basis pursuant to DOH regulations, and to authorize
DOH to waive the real time requirement if and to the extent that the
Commissioner of Health finds it warranted, in his or her discretion, due

to a pharmacy's demonstration of economic hardship or other exceptional
circumstance.

Section 4 of Part A of the bill would amend PHL § 3371(1)(d), which
currently permits DOH to disclose controlled substances information to a
central registry, to refer instead to the Registry.

Section 4 also would amend PHL § 3371(1)(e), which currently permits DOH
to disclose information about dispensed controlled substances to a prac-
titioner under limited circumstances, so that DOH also could provide
notifications of relevant controlled substance activity and allow prac-
titioners to consult the Registry as required by new PHL § 3343-a.

Section 4 also would add new PHL § 3371(1)(f) to permit DOH to disclose
relevant information about controlled substance activity to pharmacists,
including as permitted by new PHL § 3343-a.

Section 4 also would add new PHL § 3371(1)(g) to permit DOH to disclose
information to the Attorney General's Medicaid Fraud Control Unit, in
furtherance of an investigation of fraud, waste or abuse of the Medicaid
program and pursuant to an agreement with DOH.

Section 4 also would add new PHL § 3371(1)(h) to permit DOH to disclose
information to local health departments for purposes of public research
and education pursuant to an agreement with DOH.

Section 4 also would add new PHL § 3371(1)(i) to permit DOH to disclose
information to medical examiners and coroners.

Section 4 also would add new PHL § 3371(1)(j) to permit DOH to provide
individuals with their controlled substance histories maintained in the
Registry, as permitted by new PHL § 3343-a(6).

Section 5 of Part A of the bill would renumber PHL § 3371(2) and add a
new provision to provide that the Registry may be accessed by practi-
tioners and pharmacists as set forth in new PHL § 3343-a, under terms
and conditions established by DOH as necessary to maintain the security
and confidentiality of the information contained in the Registry.

Section 5 also would add a new PHL § 3371(3) to provide that if it
appears that a crime related to the diversion of controlled substances
has been committed, DOH may notify the appropriate law enforcement agen-
cy and provide such information about the suspected criminal activity as
reasonably appears to be necessary.

Section 6 of Part A of the bill would add new PHL § 3302(41) to define
the Registry.

Section 7 of Part A of the bill provides that Part A would take effect
one year after enactment, except that the Commissioner of Health and the
Commissioner of Education would be authorized to promulgate rules and

regulations and take other action necessary to implement Part A on its
effective date.

Part B. Electronic Prescribing

Section 1 of Part B of the bill would revise PHL Article 2-A to create a
new Title I, which would incorporate existing PHL §§ 270 through 276 and
section 277.

Section 1-a of Part B of the bill would renumber PHL §§ 276-a and 276-b
as §§ 278 and 279 respectively, and designate such sections and § 280 as
a new Title II.

Section 2 of Part B of the bill would amend PHL Article 2-A to add a new
Title III, consisting of new PHL § 281.

New PHL § 281 would incorporate the provisions of existing PHL § 21 into
subdivisions (1) and (2) and include a subdivision (3) requiring the
Commissioner of Health to promulgate regulations on or before December
31, 2012, establishing standards for electronic prescriptions for
controlled substances that are feasible and lawful under federal law.
New PHL § 281(3) would further provide that all prescriptions made in
this State on or after two years from that determination must be made by
electronic transmission from practitioners to pharmacists, with certain
specified exceptions.

Section 3 of Part B of the bill would amend Education Law § 6810 to
similarly require electronic prescribing for non-controlled substances.

Section 4 of Part B of the bill would repeal PHL § 21.

Section 5 of Part B of the bill provides that Part B would take effect
immediately.

Part C. Controlled Substance Schedules

Section 1 of Part C of the bill would amend Schedule II(b)(1) of PHL
3306 to specify that hydrocodone, already listed, may also be known as
dihydrocodeinone, and to update the classification of oripavine.

Section 2 of Part C of the bill would add new Schedule II(b)(1) to PHL
3306 to add to Schedule II those formulations of hydrocodone that
currently appear on Schedule III.

Section 3 of Part C of the bill would add new PHL § 3307(5) to require
the Commissioner of Health to establish minimum standards for the stor-
age, reporting, ordering and record keeping of the hydrocodone formu-
lations added to new Schedule II(b)(1) as if they were set forth in
Schedule III.

Section 4 of Part C of the bill would repeal Schedule II(b)(6), which
lists oripavine.

Section 5 of Part C of the bill would add a new Schedule II(c)(28) to
list tapentadol, which is an opiate, as a Schedule II substance.

Section 6 of Part C of the bill would amend the opening paragraph of
Schedule II(d) to clarify that the inclusion of salts and isomers
applies whenever such salts or isomers are possible within the specific
chemical designation of a substance.

Section 7 of Part C of the bill would add a new Schedule II(g)(3) to
provide the chemical designation of a precursor to fentanyl.

Section 8 of Part C of the bill would amend Schedule II(h), pertaining
to anabolic steroids, to eliminate language describing the purposes of
such substances. The section would also add boldione, desoxymethyltes-
tosterone, and 19-nor-4,9(10)-androstadienedione to Schedule II and
correct typographical errors in the chemical designation of some of the
other listed substances.

Section 9 of Part C of the bill would amend the opening paragraph of
Schedule II1(c), to clarify that the inclusion of salts and isomers
applies whenever such salts or isomers are possible within the specific
chemical designation of a substance.

Section 10 of Part C of the bill would amend Schedule III(e) to remove
references to hydrocodone (dihydrocodeinone).

Section 11 of Part C of the bill would amend Schedule III(f) to clarify
the description of dronabinol.

Section 12 of Part C of the bill would amend Schedule IV(c) to add
fospropofol and carisoprodol to Schedule IV.

Section 13 of Part C of the bill would amend Schedule IV(e)(11)to
correct a typographical error.

Section 14 of Part C of the bill would add tramadol to Schedule IV.

Section 15 of Part C of the bill would amend Schedule V(b) to correct a
typographical error.

Section 16 of Part C of the bill would amend Schedule V(d) to add two
additional substances, ezogabine and lacosamide, which are depressants,
to Schedule V.

Section 17 of Part C of the bill would make a technical change to PHL
3331(7), correcting a reference to a drug that had been moved from one
place on the controlled substances schedules to another.

Section 18 of Part C of the bill would amend Penal Law § 220.00(8) to
classify hydrocodone, as added to Schedule II(b-1), as a "narcotic prep-
aration."

Section 21 of Part C of the bill provides that Part C would take effect
90 days after enactment, except that sections 2, 3, 10, 14 and 18 would
take effect 180 days after enactment and sections 15 and 17 would take
effect immediately.

Part D. Prescription Pain Medication Awareness Program

Sections 1 and 2 of Part D of the bill would amend PHL § 3309-a, which
requires DOH to establish a workgroup to make recommendations in the
implementation of the Prescription Pain Medication Awareness Program
enacted in the 2012-13 budget, to expand its functions. Under the bill,
the workgroup will be responsible for making recommendations on: (1)
continuing education for practitioners and pharmacists on pain manage-
ment issues; (2) protection and promotion of access of patients with a
legitimate need for controlled substances; (3) the implementation of the
Prescription Monitoring.  Program provisions; and (4) the inclusion of
certain Schedule V substances in the consultation requirements of the
Prescription Monitoring Program.

Section 2 also would require the Commissioner of Health to include addi-
tional stakeholders in the workgroup, including but not limited to
consumer advocacy organizations, health care practitioners and provid-
ers, pharmacists and pharmacies, and law enforcement agencies.

Section 3 of Part D of the bill provides that Part D would take effect
immediately.

Part E. Safe Disposal

Section 1 of Part E of the bill would require DOH to establish a program
for the safe disposal of unused controlled substances by consumers.

Section 2 of Part E of the bill provides that Part E would take effect
immediately.

LEGISLATIVE HISTORY:
This is a new bill, although certain of its components have been
included in various legislative proposals.

STATEMENT IN SUPPORT:
Illicit use of prescription medicine has become the nation's "fastest-
growing drug problem," according to R. Gil Kerlikowske, Director of the
White House Office of National Drug Control Policy.  According to the
federal Centers for Disease Control and Prevention (CDC), nearly 15,000
people die every year of overdoses due to prescription painkillers. In
2010, 1 in 20 people in the United States over the age of 11 reported
using prescription painkillers for nonmedical reasons in the past year.
During the period 1999 through 2008, overdose death rates, sales, and
substance abuse treatment admissions related to prescription painkillers
all increased substantially. Sales of opioid painkillers quadrupled
between 1999 and 2010. Enough opioid painkillers were prescribed in 2010
to medicate every American adult with 5 mg of hydrocodone every four

hours for a month. Moreover, an estimated 70 percent of people who abuse
prescription painkillers obtained them from friends or relatives who
originally received the medication from a prescription.  The problem is
of particular concern with respect to young adults and teens.

Criminal diversion and abuse of prescription drugs results in addiction,
adverse drug events, accidental death due to overdose, violent or self-
injurious behavior, family conflicts, and increased costs to businesses
and the health care system. As a result, many individuals who suffer
from prescription drug abuse - as well as their families - have paid
heavy costs from this epidemic. This bill, together with other initi-
atives that will be implemented by DOH, sets forth a new strategy to
address the growth of prescription drug abuse in New York. This approach
seeks to minimize opportunities for addiction, abuse and criminal diver-
sion while protecting the ability of patients to access needed medica-
tions on a timely basis.

Part A. Creating a Modernized and Improved Prescription Monitoring
Program (I-STOP)

This legislation will require updating and modernization of DOH's
Prescription Monitoring Program (PMP) Registry - making it one of the
best systems in the nation to monitor prescription drug abuse and to
help the medical community provide better care. The PMP Registry will be
secure and easily accessible by practitioners and pharmacists, allowing
them to view their patients' controlled substance histories.

The new system will substantially decrease opportunities for "doctor
shoppers" to illegally obtain prescriptions from multiple practitioners.
The legislation will include information about dispensed controlled
substances reported by pharmacies on a "real time" basis-as determined
through a regulatory process, to effectively stop doctor shopping and
combat the circulation of illegally-obtained prescription drugs. The
"real time" approach in this legislation was modeled on the system
recently implemented in Oklahoma. Currently in New York, pharmacists are
required to report each controlled substance they dispense by no later
than the 15th day of the next month following the month in which the
substance was dispensed, which essentially means between 15 and 45 days
after dispensing.

In addition, practitioners will be required to consult the PMP before
prescribing or dispensing controlled substances listed on Schedule II,
III or IV of PHL § 3306 for the purpose of reviewing a patient's
controlled substance prescription history to help the practitioner
assess whether such prescription is necessary. Although this legislation
requires health care practitioners to consult the PMP Registry before
prescribing or dispensing the controlled substances that are most prone
to abuse and diversion, it strikes the right balance by exempting prac-
titioners from consulting in specific situations in order to protect
patient access to needed medications.

To help minimize administrative burdens on practitioners, the bill will
permit a practitioner to designate another person employed by or under
contract with the practitioner's practice to access the information on
behalf of the practitioner.

Moreover, pharmacists, for the first time, will now be able to consult
the PMP Registry before dispensing a controlled substance. Currently,
pharmacists do not have access to the PMP, meaning that they cannot
check to see if a person who presents a prescription has a history that
suggests abuse or diversion of controlled substances. Many times a
patient who is attempting to obtain drugs for illegitimate purposes
presents a prescription where the prescribing practitioner is not from
the local area; the patient is unfamiliar to the pharmacist or is from
out of town; or the patient is picking up a prescription for someone
else. Access to a patient's recent controlled substance history that is
otherwise not available would provide additional information to pharma-
cists that may have concerns of the legitimacy of a prescription or
potential diversion.

Part B. Requiring Electronic Prescribing

New York will become a national leader by being one of the first states
to move from paper prescriptions to a system mandating the electronic
prescribing (e-prescribing) for all controlled substances.  E-prescrib-
ing is critical to help eliminate diversion that results from the alter-
ation, forgery, or theft of prescription paper.

Under this bill, e-prescribing would be mandatory for essentially all
prescriptions within approximately three years, with limited exceptions.
E-prescribing is a secure method of transmitting prescriptions from
practitioners to pharmacists. Since an e-prescription cannot be phys-
ically altered, forged, or stolen by individuals attempting to divert
controlled substances for addiction and illegal sale, it curtails
prescription fraud.

In addition, electronic prescribing enhances patient care by minimizing
medication errors due to misinterpretations of handwriting on written
prescriptions. It is estimated that 20 percent of the approximately
7,000 annual deaths caused by medication errors are attributable to
misinterpretations of written prescriptions.  Moreover, medication
errors are estimated to cost the nation's health care system over $70
billion each year. In New York, adverse drug events due to errors in
written and oral prescriptions carry an annual cost to the health care
system of approximately $130 million.

E-prescribing should also improve the efficiency of practitioners and
pharmacies; it has been estimated that approximately 30 percent of
prescriptions require pharmacists to call physicians due to poor hand-
writing on prescription forms. Additionally, e-prescribing is also more
convenient for consumers, who would otherwise need to either wait at the
pharmacy for a prescription to be filled or make separate trips to drop
off the prescription form and then pick up the medication.

Part C. Updating Controlled Substance Schedules

There are five controlled substance schedules. Schedule I controlled
substances may not be prescribed, dispensed, possessed, distributed or
administered except for research purposes with the approval of DOH.
Substances listed on Schedules II, III, IV and V may be prescribed only
by authorized practitioners. Schedule II controlled substances have a
high potential for abuse and addiction and are more difficult to divert
since a prescriber must issue a new prescription for each dispensing. By
regulation, Schedule II substances can be prescribed or dispensed in
supplies that do not exceed 30 days. However, to protect access to those
patients who need it the most, practitioners can prescribe a supply of
up to 90 days if he or she indicates, on the face of the prescription,
that the patient has one of several enumerated conditions, including
chronic pain.

Entries on the State schedules are not identical to those on the five
federal schedules of controlled substances (21 U.S.C. § 801).  Drug-
seeking individuals often exploit the fact that certain drugs classified
as controlled substances under federal law are not controlled substances
under New York law and are more easily diverted. It is therefore impor-
tant, whenever appropriate, to add substances scheduled under federal
law to the State schedules. At the same time, the State should not wait
for federal action when it appears that a substance is dangerous and
should be scheduled. This bill would add several additional substances,
including some which have yet to be federally scheduled but warrant
inclusion in the State drug schedule, and move others from one schedule
to another, as specified below.

First, the bill would remove hydrocodone from Schedule III, where it is
listed for small quantities, meaning that hydrocodone would appear only
on Schedule II. Hydrocodone is among the most abused and diverted
prescription medications. Nationally, according to the 2010 Monitoring
the Future report by the University of Michigan, eight percent of all
high school seniors used hydrocodone for non-medical purpose. In 2009
alone, there were over 86,000 emergency room visits resulting from the
non-medical use of hydrocodone.

Second, the bill would add tramadol, a painkiller that has been shown to
be prone to abuse. Accordingly, the bill would add tramadol as a Sched-
ule IV substance.

Third, the bill would add carisoprodol to the schedules. Carisoprodol is
a skeletal muscle relaxant that acts directly on the central nervous
system and whose action in the body is similar to meprobamate, a Sched-
ule IV controlled substance. Excessive use of meprobamate can result in
psychological and physical dependence.  Carisoprodol, when abused, is
typically combined with other controlled substances or alcohol. Abusers
who combine carisoprodol with hydrocodone claim that this combination
produces effects similar to those of heroin. On January 11, 2012, the
DEA placed carisoprodol in Schedule IV of the federal Controlled
Substance Act. In New York, the 2009 New York State Police Toxicology

Drug Statistics indicated that almost 200 of the 2,269 cases of driving
while ability-impaired (DWAI) related to drug use in that year were due
to carisoprodol use - an incidence that was higher than other controlled
substances such as stimulants, methadone and zolpidem. This bill would
add the substance to Schedule IV.

Fourth, the bill would add fospropofol to the State's controlled
substance Schedule IV. Fospropofol is currently used in sedation of
adult patients undergoing monitored anesthesia care sedation for diag-
nostic or therapeutic procedures. On November 11, 2009, fospropofol was
added by the DEA to Schedule IV of the federal Controlled Substance Act.
The DEA cited abuse among medical professionals as well as the potential
use of fospropofol as a "date-rape" drug in support of the decision to
schedule fospropofol.

Fifth, the bill would appropriately schedule oripavine, in conformance
with current DEA scheduling, under the category of opium and opiates and
any salt, compound, derivative or preparation of opium or opiates. The
DEA placed oripavine in Schedule II of the federal Controlled Substance
Schedule in 2007. Oripavine is a derivative of thebaine, a natural
constituent of opium.

Part D. Enhancing the Prescription Pain Medication Awareness Program

According to the CDC, a significant proportion - 17.3 percent - of
abused medications are prescribed to the person that abuses them.  This
indicates a need for increased efforts to educate prescribers about the
dangers of overprescribing controlled substances, particularly opioids.

This bill therefore would enhance the Prescription Pain Medication
Awareness Program established by PHL § 3309-a, which requires DOH to
establish a workgroup to educate the public and health care practition-
ers about the risks associated with prescribing and taking controlled
substance pain medications. The workgroup will be expanded to include
additional stakeholders on the workgroup, including but not limited to
consumer advocacy organizations, health care practitioners and provid-
ers, pharmacists and pharmacies, and law enforcement agencies. Moreover,
under the bill, the workgroup would be charged with making recommenda-
tions related to continuing education for practitioners and pharmacists
and to provide guidance in the implementation of the Prescription Moni-
toring Program.

Part E. Establishing a Safe Disposal Program

An estimated 70 percent of people who abuse prescription painkillers
obtained them from friends or relatives, Therefore, it is critical to
provide consumers with a means of safely disposing of prescriptions.
Part D of this bill would require DOH to institute a program for the
safe disposal of unused controlled substances by consumers. DOH would
work with local police departments to establish secure disposal sites
for controlled substances on the premises of police stations. At these

sites, individuals would be able to voluntarily surrender unwanted and
unused controlled substances.

Under present law, individuals can only safely dispose of controlled
substances during an approved "take back" event. Various methods of
self-disposal are either burdensome or harmful to the environment.
Moreover, current federal regulations prohibit patients from returning
unused controlled substances to pharmacists and doctors.  This program
would help alleviate this problem by providing a continual safe disposal
option to New Yorkers.

BUDGET IMPLICATIONS:
The bill is not expected to have a fiscal impact, as initial investments
can be covered within existing budgeted resources. In future years,
funds needed to support a contract to enhance and ultimately replace the
existing Registry will be substantially if not totally offset by a
decrease in costs associated with the State's obligation to provide
official forge-proof paper prescription forms to prescribers,

EFFECTIVE DATE:
The bill would take effect upon enactment, except that Part A would take
effect one year after enactment, although necessary regulations could be
promulgated before such time. In addition, Part C would take effect 90
days after enactment, except that sections 2, 3, 10, 14 and 18 would
take effect 180 days after enactment and sections 15 and 17 would take
effect immediately.

2011-S7637 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7637

                            I N  S E N A T E

                              June 8, 2012
                               ___________

Introduced  by Sens. LANZA, HANNON, GOLDEN, SALAND -- (at request of the
  Governor) -- (at request of the Attorney General) --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Health

AN ACT to amend the public health  law,  in  relation  to  enacting  the
  internet  system for tracking over-prescribing (I-STOP) act and creat-
  ing a prescription monitoring program registry (Part A); to amend  the
  public  health  law and the education law, in relation to prescription
  drug forms, electronic prescribing and  language  assistance;  and  to
  repeal section 21 of the public health law, relating thereto (Part B);
  to amend the public health law and the penal law, in relation to sche-
  dules  of  controlled  substances; and to repeal certain provisions of
  the public health law relating thereto (Part C); to amend  the  public
  health  law, in relation to continuing education for practitioners and
  pharmacists in prescription pain medication awareness and  the  duties
  of  the prescription pain management awareness workgroup (Part D); and
  to amend the public health law, in relation to the  safe  disposal  of
  controlled substances (Part E)

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and intent.    The  legislature  finds
that   prescription   drugs,  particularly  controlled  substances,  are
increasingly subject to criminal diversion and abuse, which  can  result
in  addiction,  adverse  drug  events, accidental death due to overdose,
violent or self-injurious  behavior,  family  conflicts,  and  increased
costs to businesses and the health care system.
  The  legislature  further  finds that such diversion and abuse will be
mitigated by: establishing a prescription  monitoring  program  registry
containing  data  about  controlled substances dispensed to individuals,
reported on a real time basis; requiring health care  practitioners  and
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

S                                                          LBD12123-11-2

S. 7637                             2

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;
  (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;

S. 7637                             3

  (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
CONTROLLED  SUBSTANCE  WERE  USED  IN ACCORDANCE WITH THE DIRECTIONS FOR
USE;

S. 7637                             4

  (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.
  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

S. 7637                             5

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-
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-

S. 7637                             6

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:
  (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

S. 7637                             7

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
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

S. 7637                             8

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:
                 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

S. 7637                             9

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
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

S. 7637                            10

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.
  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.

S. 7637                            11

  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.
  15. Oxymorphone.
  16. Thebaine.
  17. Dihydroetorphine.
  18. ORIPAVINE.

S. 7637                            12

  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-
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.

S. 7637                            13

  (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).
  [(31)] (33) 17{alpha}-methyl-3{beta},17{beta}-dihydroxy-5a-androstane.
  [(32)]     (34)     17{alpha}-methyl-3{alpha},     17{beta}-dihydroxy-
5a-androstane.
  [(33)] (35) 17{alpha}-methyl-3{beta}, 17{beta}-dihydroxyandrost-4-ene.

S. 7637                            14

  [(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.
  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

S. 7637                            15

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
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. 7637                            16

  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-
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

S. 7637                            17

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.
  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:

S. 7637                            18

  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,
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

S. 7637                            19

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.

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Senate Bill S7637

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 11, 2012 - Floor Vote

Floor Vote: Jun 11, 2012

Jun 11, 2012 - Rules Committee Vote

Rules Committee Vote: Jun 11, 2012

Jun 11, 2012 - Health Committee Vote

Health Committee Vote: Jun 11, 2012

co-Sponsors

2011-S7637 (ACTIVE) - Details

2011-S7637 (ACTIVE) - Summary

2011-S7637 (ACTIVE) - Sponsor Memo

2011-S7637 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7637

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Sponsored By

Archive: Last Bill Status - Signed by Governor

co-Sponsors

2011-S7637 (ACTIVE) - Details

2011-S7637 (ACTIVE) - Summary

2011-S7637 (ACTIVE) - Sponsor Memo

2011-S7637 (ACTIVE) - Bill Text download pdf

Comments