NY State Senate Bill 2021-S7348

Senate Bill S7348

2021-2022 Legislative Session

Allows prescriptions for controlled substances to be issued for greater than a thirty-day supply during a state of emergency

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
Aug 25, 2021	referred to rules

2021-S7348 (ACTIVE) - Details

See Assembly Version of this Bill:: A6116
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3332, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A10301
2023-2024: A1590

2021-S7348 (ACTIVE) - Summary

Relates to allowing prescriptions for controlled substances that are normally restricted to a thirty-day supply to be issued for greater than a thirty-day supply during a state of emergency.

2021-S7348 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7348

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the public health law, in relation to allowing
prescriptions for controlled substances that are normally restricted to
a thirty-day supply, to be issued for greater than a thirty-day supply
during an emergency

 
PURPOSE OR GENERAL IDEA OF BILL:

To enable patients to receive prescriptions for necessary medications
extending beyond thirty days to maintain social distancing and mitigate
public health risks during the COVID-19 pandemic

 
SUMMARY OF PROVISIONS:

Section 1 amends section 3332 of the public health law to provide that
during an emergency that interferes with patients readily obtaining
prescription drugs from pharmacies, a practitioner may issue a,

prescription for a controlled substance that exceeds a thirty-day
supply, provided the prescription is consistent with a written treatment
plan following generally accepted guidelines.

Section 2 sets the effective date.

 
JUSTIFICATION:

Many New Yorkers rely on controlled substances to manage conditions
including chronic pain, epilepsy, anxiety, insomnia and attention disor-
ders. Frequently, these patients have underlying conditions that compro-
mise their immune systems and place them at greater risk from COVID19.
The current restrictions on controlled substance prescriptions force
people to choose between risking contracting the virus to pick up their
prescriptions every month or abruptly cutting off necessary treatment
and risking dangerous withdrawal symptoms.

This burden also endangers the welfare of people with mental health
issues that are likely to be exacerbated by the current crisis.  Because
pharmacies do not offer home delivery for these prescriptions, people
who may have been exposed to COVID-19 are often left with no way to
receive their medications withoutò breaking quarantine.

No one should be forced to choose between protecting themselves and the
people around them from COVID-19 and receiving the care they need. Lift-
ing restrictions on the length of controlled substance prescriptions
during a state of emergency will protect the lives of people with disa-
bilities and ensure all residents are able to adhere to social distanc-
ing guidelines.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: A10301 Simotas -amended recommitted to health

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S7348 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7348
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              August 25, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT  to  amend  the  public  health  law,  in  relation  to  allowing
   prescriptions  for  controlled substances that are normally restricted
   to a thirty-day supply, to be issued for  greater  than  a  thirty-day
   supply during an emergency
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 3332 of the public health law,  as
 amended  by  chapter  178  of  the laws of 2010, is   amended to read as
 follows:
   3. (A) No such prescription shall be made for a quantity of controlled
 substances which would exceed a thirty  day  supply  if  the  controlled
 substance  were used in accordance with the directions for use specified
 on the prescription. A practitioner may, however, issue  a  prescription
 for  up  to a three month supply of a controlled substance provided that
 the controlled substance has been prescribed to treat one of the  condi-
 tions  that  have  been enumerated by the commissioner pursuant to regu-
 lations as warranting the prescribing  of  greater  than  a  thirty  day
 supply of a controlled substance and that the practitioner specifies the
 condition  on  the face of the prescription. No additional prescriptions
 for a controlled substance may be issued by a practitioner to  an  ulti-
 mate  user within thirty days of the date of any prescription previously
 issued unless and until the ultimate user has exhausted all but a  seven
 day supply of the controlled substance provided by any previously issued
 prescription.  A  practitioner may, however, issue a prescription for up
 to a six month supply of any substance  listed  in  subdivision  (h)  of
 Schedule II of section thirty-three hundred six of this article provided
 that  such  substance has been prescribed to treat one of the conditions
 that have been enumerated by the commissioner pursuant to regulations as
 warranting the prescribing of a six month supply and  that  the  practi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10224-01-1

 S. 7348                             2
 
 tioner  specifies the condition on the prescription or on the electronic
 prescription.
   (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, DURING AN EMERGENCY THAT INTERFERES WITH PATIENTS READILY  OBTAIN-
 ING PRESCRIPTION DRUGS FROM PHARMACIES, SUBJECT TO REGULATIONS OR ORDERS
 OF THE COMMISSIONER, A PRACTITIONER MAY ISSUE A PRESCRIPTION FOR A QUAN-
 TITY  OF A CONTROLLED SUBSTANCE THAT WOULD EXCEED A THIRTY-DAY SUPPLY IF
 SUCH PRESCRIPTION IS CONSISTENT  WITH  A  WRITTEN  TREATMENT  PLAN  THAT
 FOLLOWS  GENERALLY  ACCEPTED  NATIONAL,  PROFESSIONAL,  OR  GOVERNMENTAL
 GUIDELINES, AND THE TREATMENT PLAN IS NOTED  IN  THE  PATIENT'S  MEDICAL
 RECORD.
   § 2. This act shall take effect immediately.

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