NY State Senate Bill 2021-S6838

Archive: Last Bill Status - In Senate Committee Health Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
May 19, 2021	referred to health

2021-S6838 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §281, Pub Health L; amd §6810, Ed L

2021-S6838 (ACTIVE) - Summary

Relates to the issuance of prescription medications; removes certain exceptions to the requirement to prescribe medications electronically.

2021-S6838 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6838

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the public health law and the education law, in relation
to the issuance of prescription medications

 
PURPOSE:

The bill eliminates prescriber waivers for exemptions related to manda-
tory electronic prescribing.

 
SUMMARY OF PROVISIONS:

Section 1 and 2 amend the public health law regarding exceptions for
issuing electronic prescriptions. It removes the extensive waiver oppor-
tunities for practitioners and instead limits it to exceptional circum-
stances determined by the commissioner.

Section 3 and 4 make conforming amendments to the education law.

Section 5 and 6 eliminate various subdivisions in the public hall and
education related to allowances of waivers.

Section 7 effective date.

 
JUSTIFICATION:

New York mandated the use of electronic prescriptions or "ePrescribing",
as of March 2016. This mandate helps prevent abuse and allows physicians
to stay fully informed about other opioids taken by their patients.
However, the current mandate includes a multitude of exceptions, and an
opportunity to request a waiver.  While these exceptions made sense when
physicians had to learn a new process or make upgrades to their systems,
these issues are no longer the case, leaving the current waiver process
open to abuse.

On Long Island, the Nassau County District Attorney charged a physician
with the murder of his patients. The doctor, George Blatti, prescribed a
massive amount of opioids, resulting in the death of several of his
patients. The majority of these scripts were written using paper
prescriptions pursuant to a waiver issued by the State's Health Commis-
sioner. By using paper prescriptions, Dr. Blatti was likely able to
delay investigations into his misconduct and deadly overprescribing
practices.

The bill will eliminate waivers regarding electronic prescriptions,
while still allowing certain exemptions, such as temporary technical or
power failures or emergencies. As we saw with Dr. George Blatti, the
waiver process can be easily exploited for one's own benefit.  There-
fore, it is important we take steps to limit what instances paper
prescriptions can be used since ePrescribing allows for better tracking,
oversight, and limits misuse.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

Potential savings to the state.

 
EFFECTIVE DATE:
This act shall take effect after 180 days.

2021-S6838 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6838
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the education law, in relation
   to the issuance of prescription medications
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 3 of section 281 of the public health law, as
 amended by chapter 13 of the  laws  of  2015,  is  amended  to  read  as
 follows:
   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 three 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 circum-
 stances where electronic prescribing is not available due  to  temporary
 technological  or  electrical failure, as set forth in regulation; [(c)]
 (B) 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 process established in regulation by the commissioner, in
 consultation with the commissioner of education, due to  economic  hard-
 ship,  technological  limitations  that  are  not  reasonably within the
 control of the practitioner, or other] IN SUCH exceptional [circumstance
 demonstrated by the practitioner; (d)] CIRCUMSTANCES AS  MAY  BE  DETER-
 MINED  BY  THE  COMMISSIONER; (C) issued by a practitioner under circum-
 stances where, notwithstanding the  practitioner's  present  ability  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10958-01-1

 S. 6838                             2
 
 make  an  electronic  prescription as required by this subdivision, such
 practitioner reasonably determines that it would be impractical for  the
 patient  to obtain substances prescribed by electronic prescription in a
 timely  manner,  and  such  delay  would  adversely impact the patient's
 medical  condition,  provided  that  if  such  prescription  is  for   a
 controlled  substance,  the  quantity  of controlled substances does not
 exceed a five day supply  if  the  controlled  substance  were  used  in
 accordance with the directions for use; or [(e)] (D) issued by a practi-
 tioner  to  be dispensed by a pharmacy located outside the state, as set
 forth in regulation.
   § 2. Subdivision 5 of section 281 of the public health law, as amended
 by chapter 350 of the laws of 2016, is amended to read as follows:
   5. In the case of a prescription for a controlled substance issued  by
 a  practitioner  under  paragraph  [(d)] (C) or [(e)] (D) of subdivision
 three of  this  section,  the  practitioner  shall,  upon  issuing  such
 prescription,  indicate  in  the patient's health record either that the
 prescription was issued other than electronically  because  it  (a)  was
 impractical  to  issue an electronic prescription in a timely manner and
 such delay would have adversely impacted the  patient's  medical  condi-
 tion,  or  (b)  was  to  be  dispensed by a pharmacy located outside the
 state.
   § 3. Subdivision 10 of section 6810 of the education law,  as  amended
 by chapter 13 of the laws of 2015, is amended to read as follows:
   10.  Notwithstanding  any other provision of this section or any other
 law to the contrary, effective three 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)] (B) 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 electron-
 ic  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]  IN  SUCH  exceptional
 [circumstance  demonstrated  by  the practitioner; (d)] CIRCUMSTANCES AS
 MAY BE DETERMINED BY THE COMMISSIONER OF HEALTH; (C) issued by a practi-
 tioner under circumstances  where,  notwithstanding  the  practitioner's
 present  ability  to make an electronic prescription as required by this
 subdivision, such practitioner reasonably determines that  it  would  be
 impractical for the patient to obtain substances prescribed by electron-
 ic  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 accord-
 ance with the directions for use; or [(e)] (D) issued by a  practitioner
 to be dispensed by a pharmacy located outside the state, as set forth in
 regulation.

 S. 6838                             3
 
   §  4.  Subdivisions 11 and 12 of section 6810 of the education law, as
 amended by chapter 350 of the laws of  2016,  are  amended  to  read  as
 follows:
   11. In the case of a prescription issued by a practitioner under para-
 graph  [(b)]  (A)  of  subdivision ten of this section, the practitioner
 shall be required to indicate in the patient's health  record  that  the
 prescription was issued other than electronically due to temporary tech-
 nological or electrical failure.
   12. In the case of a prescription issued by a practitioner under para-
 graph  [(d)]  (C)  or  [(e)] (D) of subdivision ten of this section, the
 practitioner shall, upon issuing  such  prescription,  indicate  in  the
 patient's  health  record  either that the prescription was issued other
 than electronically because it (a) was impractical to issue an electron-
 ic prescription in a timely manner and such delay would  have  adversely
 impacted  the patient's medical condition, or (b) was to be dispensed by
 a pharmacy located outside the state.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S6838

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

2021-S6838 (ACTIVE) - Details

2021-S6838 (ACTIVE) - Summary

2021-S6838 (ACTIVE) - Sponsor Memo

2021-S6838 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6838

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Sponsored By

Todd Kaminsky

Archive: Last Bill Status - In Senate Committee Health Committee

2021-S6838 (ACTIVE) - Details

2021-S6838 (ACTIVE) - Summary

2021-S6838 (ACTIVE) - Sponsor Memo

2021-S6838 (ACTIVE) - Bill Text download pdf

Comments