Enacts the Internet System for Tracking Over-Prescribing (I-STOP) Act; provides for the creation of a system for collecting, monitoring and reporting data concerning the prescribing and dispensing of schedule II, III, IV and V controlled substances, or any other substances specified by the commissioner, that are prescribed or dispensed by health care practitioners.

---

S5720A-2011 Actions

• Feb 15, 2012: PRINT NUMBER 5720A
• Feb 15, 2012: AMEND AND RECOMMIT TO HEALTH
• Jan 4, 2012: REFERRED TO HEALTH
• Jun 13, 2011: REFERRED TO RULES

S5720A-2011 Memo

BILL NUMBER:S5720A

TITLE OF BILL:
An act to amend the public health law, in relation to creating an
on-line real time controlled substance reporting system to monitor the
prescribing and dispensing of certain controlled substances

PURPOSE OR GENERAL IDEA OF BILL:
To establish an on-line, real-time controlled substance reporting
system that requires practitioners and pharmacists to search for and
report certain information at the time a prescription for a covered
drug is issued and at the time such covered drug is dispensed in order
to identify and eliminate the abuse and diversion of schedule II, III,
IV, and V controlled substances.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill establishes the title of the Act as the
"Internet System for Tracking Over-Prescribing(I-STOP) Act".

Section 2 adds a new section 3343-a to the Public Health Law to: (1)
require the Department of Health to establish and maintain an on-line,
real-time controlled substance reporting system to track the
prescription and dispensing of all schedule II and III controlled
substances, and other schedule IV and V controlled substances as
determined by the Department of Health commissioner after consultation
with the advisory board; (2) require practitioners to review a
patient's controlled substance prescription history on the on-line,
real-time controlled substance reporting system prior to prescribing
any schedule II or III controlled substances, and other schedule IV or
V controlled substances as determined by the Department of Health
Commissioner after consultation with the advisory board; (3) require
practitioners or their agents to report statutorily-required
information to the on-line, real-time controlled substance reporting
system upon issuing a schedule II or III controlled substance, or
certain schedule IV or V controlled substances as determined by the
Department of Health commissioner after consultation with the advisory
board; (4) require pharmacists or their agents to review the on-line,
real-time controlled substance reporting system to confirm the person
presenting a prescription, for a schedule II and III controlled
substance or certain schedule IV and V controlled substances as
determined by the Department of Health Commissioner after consultation
with the advisory board substance, possesses a legitimate prescription
prior to dispensing such substance; (5) require pharmacists or their
agents to report statutorily-required information to the on-line,
real-time controlled substance reporting system upon dispensing a
schedule II and III controlled substances, and other schedule IV and V
controlled substances as determined by the Department of Health
Commissioner after consultation with the advisory board; (6) prohibit
the disclosure or unauthorized access of all statutorily-required
information collected on the on-line, real-time controlled substance
reporting system; (7) provide an e-prescribing exemption for
practitioners reporting to and pharmacists consulting with the
on-line, real-time controlled substance reporting system if such
practitioner or pharmacist e-prescribes a schedule II or III
controlled substances, or a schedule IV or V controlled substances as
determined by the Department of Health Commissioner after consultation


with the advisory board; (8) provide immunity for public officers
acting reasonably and in good faith; (9) provide civil penalties for
those persons who knowingly violate the a provision of section 3343-a
of the Public Health Law; (10) provide continuing education programs
to practitioners and pharmacists about the proper uses of the on-line,
real-time controlled substance reporting system; (11) order the
Commissioner of Health to promulgate rules and regulations to
effectuate this section; and (12) prohibit the Commissioner of Health
from imposing a fee or tax on a practitioner or pharmacist for the
specific operation of the on-line, real-time controlled substance
reporting system.

Section 3 adds a new section 3343-b to the Public Health Law to create
an advisory board to assist the Commissioner of the Health Department
to: (1) determine which schedule IV or V controlled substances shall
require practitioners to consult with and report to and pharmacists to
consult with the on-line, real-time controlled substance reporting
system created by 3343-a of the Public Health Law; and (2) to
implement procedures and safeguards for practitioners and pharmacists
who are required to consult and/or report to the on-line, real-time
controlled substance reporting system created by 3343-a of the Public
Health Law.

Section 4 is the effective date; this act shall take effect
immediately; provided however, that subdivisions 2,3,4,5,6 and 7 of
section 3343-a of the Public Health Law as added by section two of
this act shall take effect one year after such effective date.

JUSTIFICATION:
The United States is experiencing an epidemic. Americans consume 80
percent of the supply of pain pills in the world and recent data
collected by the Drug Enforcement Administration (DEA) has found that
more than 7 million Americans admit to abusing prescription drugs.
Further, the DEA has concluded that prescriptions drugs have surpassed
marijuana as the number one gateway drug for first-time drug abusers
in the United States. And, emergency room visits for reactions to
opioid painkillers, ,like oxycodone, have more than doubled from 2004
(144,600) to 2008 (305,900).(1)

New York State is not immune from this epidemic. In New York, the
number of prescriptions for all narcotic painkillers has increased
from 16.6 million in 2007 to nearly 22.5 million in 2009. In a report
released in May of 2011, the New York City Department of Health and
Mental Hygiene found that the rate of prescription pain medication
misuse by New York City residents who are 12 or older has increased by
40 percent from 2002 to 2009. In Buffalo, Catholic Health system, New
York's largest methadone clinic outside of New York City, is beginning
to reorganize its services to accommodate an increase in care needed
to treat the number of addicted expecting mothers and their
newborns.(2) This past summer in Nassau County, Opana ER, an opioid,
began to replace oxyContin, as the drug manufacturer began altering
OxyContin's current formula to prevent its abuse.  Specifically, as
Nassau County Medicaid prescriptions for oxyContin decreased 43
percent between August and February, Nassau County Medicaid
prescriptions for Opana ER increased 45 percent during the same time
period.(3)


The solution to the over-prescription of controlled substances, such
as oxyContin, is practitioner and pharmacist awareness. Yeshiva
University conducted a two-year review of administrative and medical
records of more than 1,600 primary care patients who received regular
prescription opioids and found that less than half of the patients saw
their physicians regularly. This legislation would connect
practitioners and pharmacists to a greater source of centralized
information to avoid the over-prescribing, and help identify and treat
patients who seek to abuse prescription drugs. This legislation will
also furnish objective and highly-relevant data to bona fide
healthcare professionals, while shining a spotlight on those who
enable and profit from drug abuse.

43 states have some form of prescription drug monitoring laws. New
York State currently operates a limited, prescription monitoring
program.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately; provided however, that
subdivisions 3, 4, 5, 6, 7, 8, 9, 10, and 11 of section 3343-a of the
Public Health Law as added by section two of this act shall take
effect one year after such effective date.

FOOTNOTES:

(1) Roni Caryn Rabin, Hazards' Emergencies Over Legal Drugs Increase,
New York Times, June 21, 2010.

(2) Henry L. Davis, Treating the Tiniest Addicts Mothers' Pill Abuse
Leads to Newborns' Exposure, Buffalo News, June 1, 2011.  (3) Timothy
Bolger, Officials Warn of New Drug of Choice on Long Island, Long
Island Press, May 10, 2011.

S5720A-2011 Text

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

                                   5720--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                                June 13, 2011
                                 ___________

  Introduced  by  Sens.  LANZA,  ADAMS,  ALESI, AVELLA, BRESLIN, CARLUCCI,
    DeFRANCISCO, ESPAILLAT, GIANARIS, GOLDEN, GRIFFO,  GRISANTI,  KENNEDY,
    KRUEGER,  LARKIN,  LAVALLE,  LITTLE,  MARTINS,  McDONALD,  MONTGOMERY,
    O'MARA, OPPENHEIMER, PERALTA, PERKINS, RANZENHOFER,  RITCHIE,  RIVERA,
    SAVINO,  SQUADRON,  STEWART-COUSINS,  VALESKY,  YOUNG,  ZELDIN  -- (at
    request of the Attorney General) -- read twice  and  ordered  printed,
    and  when  printed to be committed to the Committee on Rules -- recom-
    mitted to the Committee on Health in accordance with  Senate  Rule  6,
    sec.  8  --  committee  discharged, bill amended, ordered reprinted as
    amended and recommitted to said committee

  AN ACT to amend the public  health  law,  in  relation  to  creating  an
    on-line real time controlled substance reporting system to monitor the
    prescribing and dispensing of certain controlled substances

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


    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. ON-LINE REAL-TIME CONTROLLED SUBSTANCE REPORTING SYSTEM.  1.
  ESTABLISHMENT  OF SYSTEM. THE COMMISSIONER SHALL, IN ACCORDANCE WITH THE
  PROVISIONS OF THIS SECTION, ESTABLISH AND MAINTAIN AN ON-LINE, REAL-TIME
  SYSTEM FOR COLLECTING, MONITORING AND REPORTING  INFORMATION  CONCERNING
  THE  PRESCRIBING AND DISPENSING OF COVERED DRUGS.  SUCH REPORTING SYSTEM
  SHALL ENABLE PRACTITIONERS, PHARMACISTS AND OTHER DISPENSERS  TO  ACCESS
  AND REPORT SUCH INFORMATION AT THE TIME A PRESCRIPTION IS ISSUED OR SUCH
  COVERED DRUG IS DISPENSED, BY ELECTRONIC MEANS, INCLUDING BUT NOT LIMIT-
  ED  TO THE INTERNET, AND SUCH OTHER MEANS DESIGNATED BY THE COMMISSIONER
  FOLLOWING CONSULTATION WITH THE ADVISORY BOARD.  TO THE EXTENT PRACTICA-
  BLE, THE REPORTING SYSTEM MAY BE ESTABLISHED  IN  CONJUNCTION  WITH  THE
  STATEWIDE  PLANNING AND RESEARCH COOPERATIVE SYSTEM ESTABLISHED PURSUANT

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD11782-13-2

 S. 5720--A                          2

  TO SECTION TWENTY-EIGHT HUNDRED SIXTEEN OF THIS CHAPTER.    THE  COMMIS-
  SIONER  SHALL, FOLLOWING CONSULTATION WITH THE ADVISORY BOARD: (I) ADOPT
  PROCEDURES AND SAFEGUARDS TO ENSURE THE PRIVACY AND  CONFIDENTIALITY  OF
  PATIENT  INFORMATION  ON  SUCH REPORTING SYSTEM AND THAT ANY INFORMATION
  COLLECTED OR REPORTED IS NOT  UNLAWFULLY  ACCESSED  OR  DISCLOSED;  (II)
  ESTABLISH  ACCEPTABLE  ERROR  TOLERANCE RATES FOR REPORTING SYSTEM DATA;
  (III) ESTABLISH PROCEDURES AND  SAFEGUARDS  FOR  PRACTITIONERS,  PHARMA-
  CISTS,  AND  OTHER  DISPENSERS TO FOLLOW IN THE EVENT OF A TECHNOLOGICAL
  FAILURE; AND (IV) ADOPT PROCEDURES  AND  SAFEGUARDS  TO  FACILITATE  THE
  PROPER OPERATION AND USE OF THE REPORTING SYSTEM AND ENSURE THE ACCURACY
  OF INFORMATION MAINTAINED THEREON.
    2.  DEFINITIONS.  AS USED IN THIS SECTION: (A) THE TERM "COVERED DRUG"
  SHALL MEAN (I) ALL SCHEDULE II AND SCHEDULE III  CONTROLLED  SUBSTANCES;
  AND  (II)  ANY  SCHEDULE  IV OR V CONTROLLED SUBSTANCE DETERMINED BY THE
  COMMISSIONER, FOLLOWING CONSULTATION WITH  THE  ADVISORY  BOARD,  TO  BE
  APPROPRIATE  FOR  INCLUSION IN THE MONITORING AND REPORTING REQUIREMENTS
  OF THIS SECTION.
    (B) THE TERM "ADVISORY BOARD" SHALL MEAN  THE  ADVISORY  BOARD  ESTAB-
  LISHED BY SECTION THIRTY-THREE HUNDRED FORTY-THREE-B OF THIS ARTICLE.
    (C)  THE  TERM  "AGENT"  SHALL HAVE THE SAME MEANING AS IN SUBDIVISION
  THREE OF SECTION THIRTY-THREE HUNDRED TWO OF  THIS  ARTICLE,  AND  SHALL
  ALSO MEAN AN AUTHORIZED PERSON WHO ACTS ON BEHALF OF OR AT THE DIRECTION
  OF A PRACTITIONER, PHARMACIST, OR OTHER DISPENSER.
    (D)  THE  TERM  "REPORTING  SYSTEM"  SHALL MEAN THE ON-LINE, REAL-TIME
  REPORTING  SYSTEM  ESTABLISHED  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
  SECTION.
    (E)  THE  TERM "EMERGENCY MEDICAL SERVICE" SHALL HAVE THE SAME MEANING
  AS IN SUBDIVISION ONE OF SECTION THREE THOUSAND ONE OF THIS CHAPTER.
    3. REPORTING BY PRACTITIONERS. EXCEPT AS OTHERWISE PROVIDED IN  SUBDI-
  VISIONS  SEVEN  AND EIGHT OF THIS SECTION, EVERY PRACTITIONER WITHIN THE
  STATE SHALL, USING THE REPORTING SYSTEM, REPORT TO THE COMMISSIONER  THE
  FOLLOWING  INFORMATION  UPON  ISSUING A PRESCRIPTION FOR A COVERED DRUG:

  PRACTITIONER PRESCRIPTION NUMBER; PRACTITIONER  NATIONAL  IDENTIFICATION
  NUMBER;  PATIENT  NAME;  PATIENT ADDRESS, INCLUDING STREET, CITY, STATE,
  AND ZIP CODE; PATIENT DATE OF BIRTH; PATIENT'S  SEX;  DATE  PRESCRIPTION
  ISSUED;  METRIC  QUANTITY;  NUMBER  OF  DAYS  SUPPLY;  PRACTITIONER DRUG
  ENFORCEMENT ADMINISTRATION NUMBER;  DATE  PRESCRIPTION  WRITTEN;  SERIAL
  NUMBER OF OFFICIAL PRESCRIPTION FORM, OR AN IDENTIFIER DESIGNATED BY THE
  DEPARTMENT; PAYMENT METHOD; AND THE NUMBER OF REFILLS AUTHORIZED.
    4.  REPORTING BY PHARMACISTS AND OTHER DISPENSERS. EXCEPT AS OTHERWISE
  PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION, EVERY  PHARMACIST  WITHIN
  THE  STATE  AND  EVERY  OTHER DISPENSER, INCLUDING BUT NOT LIMITED TO AN
  ONLINE DISPENSER, REQUIRED TO BE REGISTERED  WITH  THE  COMMISSIONER  OF
  EDUCATION, SHALL, USING THE REPORTING SYSTEM, REPORT TO THE COMMISSIONER
  THE  FOLLOWING  INFORMATION  WHEN  DISPENSING  A  COVERED DRUG: PHARMACY
  PRESCRIPTION NUMBER; PHARMACY'S NATIONAL IDENTIFICATION NUMBER;  PATIENT
  NAME;  PATIENT  ADDRESS,  INCLUDING  STREET,  CITY,  STATE AND ZIP CODE;
  PATIENT DATE OF BIRTH; PATIENT'S SEX; DATE PRESCRIPTION  FILLED;  METRIC
  QUANTITY;  NATIONAL DRUG CODE NUMBER OF THE DRUG; NUMBER OF DAYS SUPPLY;
  PRACTITIONER DRUG ENFORCEMENT ADMINISTRATION NUMBER;  DATE  PRESCRIPTION
  WRITTEN;  SERIAL  NUMBER OF OFFICIAL PRESCRIPTION FORM, OR AN IDENTIFIER
  DESIGNATED BY  THE  COMMISSIONER;  PAYMENT  METHOD;  NUMBER  OF  REFILLS
  AUTHORIZED; AND REFILL NUMBER.
    5.  DUTY  TO CONSULT REPORTING SYSTEM; PRACTITIONERS. EXCEPT AS OTHER-
  WISE PROVIDED IN SUBDIVISION SEVEN  OF  THIS  SECTION,  NO  PRACTITIONER
  SHALL  PRESCRIBE  ANY COVERED DRUG WITHOUT FIRST REVIEWING THE PATIENT'S

 S. 5720--A                          3

  CONTROLLED SUBSTANCE PRESCRIPTION HISTORY AS SET FORTH ON THE  REPORTING
  SYSTEM.
    6. DUTY TO CONSULT REPORTING SYSTEM; PHARMACISTS AND OTHER DISPENSERS.
  EXCEPT  AS  OTHERWISE  PROVIDED  IN SUBDIVISIONS SEVEN AND EIGHT OF THIS
  SECTION, NO PHARMACIST WITHIN THE STATE OR  OTHER  DISPENSER,  INCLUDING
  BUT  NOT  LIMITED TO AN ONLINE DISPENSER, REQUIRED TO BE REGISTERED WITH
  THE COMMISSIONER OF EDUCATION, SHALL DISPENSE  A  COVERED  DRUG  WITHOUT
  FIRST  CONSULTING  THE  REPORTING  SYSTEM  TO CONFIRM THE EXISTENCE OF A
  VALID PRESCRIPTION FOR SUCH COVERED DRUG BASED ON INFORMATION ENTERED BY
  A PRACTITIONER OR HIS OR HER AGENT IN ACCORDANCE WITH SUBDIVISION  THREE
  OF THIS SECTION.
    7. EXCEPTIONS. (A) THE REPORTING AND CONSULTING REQUIREMENTS OF SUBDI-
  VISIONS THREE, FIVE AND SIX OF THIS SECTION SHALL NOT APPLY:  (I) WHEN A
  COVERED DRUG IS ADMINISTERED DIRECTLY TO A PATIENT OR DISPENSED PURSUANT
  TO  SECTION THIRTY-THREE HUNDRED THIRTY-FOUR, THIRTY-THREE HUNDRED THIR-
  TY-SEVEN OR THIRTY-THREE HUNDRED FORTY-TWO OF THIS TITLE OR ANY RULE  OR
  REGULATION  PROMULGATED UNDER SUCH SECTIONS; OR (II) WHEN A PRESCRIPTION
  FOR A COVERED DRUG IS ISSUED TO A PATIENT BY  A  PRACTITIONER  PROVIDING
  EMERGENCY MEDICAL SERVICE TO SUCH PATIENT, PROVIDED THAT THE QUANTITY OF
  COVERED  DRUG  SO  PRESCRIBED  DOES NOT EXCEED A FIVE-DAY SUPPLY IF SUCH
  COVERED DRUG WERE USED IN ACCORDANCE WITH THE DIRECTIONS FOR USE.
    (B) THE REPORTING AND CONSULTING REQUIREMENTS  OF  SUBDIVISIONS  THREE
  AND  SIX  OF  THIS  SECTION  SHALL  NOT  APPLY  WHEN  A  COVERED DRUG IS
  PRESCRIBED OR DISPENSED BY MEANS OF AN ELECTRONIC PRESCRIPTION.
    8. USE OF AGENTS. IN LIEU OF PERSONALLY REPORTING INFORMATION  TO  THE
  COMMISSIONER  USING  THE  REPORTING  SYSTEM  AS REQUIRED BY SUBDIVISIONS
  THREE AND FOUR OF THIS SECTION, OR PERSONALLY CONSULTING SUCH SYSTEM  AS
  REQUIRED BY SUBDIVISION SIX OF THIS SECTION: (A) A PRACTITIONER, PHARMA-
  CIST  OR  OTHER  DISPENSER, AS APPLICABLE, MAY INSTEAD DIRECT HIS OR HER
  AGENT TO SO REPORT SUCH INFORMATION; PROVIDED HOWEVER, THAT SUCH PRACTI-
  TIONER, PHARMACIST OR OTHER DISPENSER SHALL  REMAIN  SOLELY  RESPONSIBLE
  FOR ENSURING THAT SUCH INFORMATION IS PROPERLY REPORTED TO THE REPORTING
  SYSTEM BY SUCH AGENT; AND (B) A PHARMACIST OR OTHER DISPENSER, AS APPLI-
  CABLE,  MAY INSTEAD DIRECT HIS OR HER AGENT TO SO CONSULT SUCH REPORTING
  SYSTEM; PROVIDED  HOWEVER, THAT SUCH PHARMACIST OR OTHER DISPENSER SHALL
  REMAIN SOLELY RESPONSIBLE FOR ENSURING THAT SUCH AGENT PROPERLY CONSULTS
  SUCH SYSTEM.
    9. LIMITATIONS ON USE; CONFIDENTIALITY OF INFORMATION.  (A) EXCEPT  AS
  PROVIDED  BY THIS SUBDIVISION OR OTHERWISE SPECIFICALLY SO AUTHORIZED BY
  LAW, THE COMMISSIONER MAY NOT DISCLOSE  INFORMATION  COLLECTED  FOR  THE
  REPORTING  SYSTEM. IN ADDITION TO DISCLOSING SUCH INFORMATION TO PRACTI-
  TIONERS, PHARMACISTS AND OTHER DISPENSERS OR THEIR DESIGNATED AGENTS  IN
  ACCORDANCE  WITH  SUBDIVISIONS FIVE AND SIX OF THIS SECTION, THE COMMIS-
  SIONER SHALL BE AUTHORIZED TO DISCLOSE SUCH INFORMATION WITHOUT NECESSI-
  TY OF SUBPOENA, TO: (I) THE DIRECTORS OF THE OFFICE OF  THE  PROFESSIONS
  OF  THE  DEPARTMENT  OF EDUCATION AND THE OFFICE OF PROFESSIONAL MEDICAL
  CONDUCT OF THE DEPARTMENT OF HEALTH OR THEIR DESIGNEES WHO ARE RESPONSI-
  BLE FOR THE LICENSURE, REGULATION, OR  DISCIPLINE  OF  PRACTITIONERS  OR
  PHARMACISTS; (II) THE DEPUTY ATTORNEY GENERAL FOR MEDICAID FRAUD CONTROL
  OR  HIS  OR HER DESIGNEE; (III) THE MEDICAID INSPECTOR GENERAL OR HIS OR
  HER DESIGNEE; (IV) THE COMMISSIONER OF THE NEW YORK CITY  DEPARTMENT  OF
  HEALTH  AND MENTAL HYGIENE OR HIS OR HER DESIGNEE; (V) A PRACTITIONER OR
  PHARMACIST, OR HIS OR HER DESIGNATED AGENT, WHO REQUESTS INFORMATION AND
  CERTIFIES THAT THE REQUESTED INFORMATION IS FOR THE PURPOSE OF PROVIDING
  MEDICAL OR PHARMACEUTICAL TREATMENT TO A  CURRENT  PATIENT  WHO  IS  THE
  SUBJECT  OF  SUCH  INFORMATION; OR (VI) A PRACTITIONER OR PHARMACIST WHO

 S. 5720--A                          4

  REQUESTS INFORMATION,  IS  THE  SUBJECT  OF  A  DISCIPLINARY  ACTION  OR
  PROCEEDING  COMMENCED BY THE OFFICE OF THE PROFESSIONS OF THE DEPARTMENT
  OF EDUCATION OR THE  OFFICE  OF  PROFESSIONAL  MEDICAL  CONDUCT  OF  THE
  DEPARTMENT  OF  HEALTH, AS APPLICABLE, AND CERTIFIES THAT SUCH REQUESTED
  INFORMATION IS NEEDED TO ASSIST HIM OR HER IN THE DEFENSE OF ONE OR MORE
  CHARGES IN SUCH ACTION OR PROCEEDING.
    (B) (I) ANY PERSON OR ENTITY TO WHOM THE COMMISSIONER DISCLOSES INFOR-
  MATION PURSUANT TO SUBPARAGRAPH (I), (II), (III), (IV), (V) OR  (VI)  OF
  PARAGRAPH  (A) OF THIS SUBDIVISION SHALL NOT PROVIDE SUCH INFORMATION TO
  ANY OTHER PERSON OR ENTITY EXCEPT BY COURT ORDER, WHICH SHALL BE GRANTED
  ONLY UPON APPLICATION BY SUCH PERSON AND ONLY UPON A SHOWING  THAT  SUCH
  AN  ORDER IS NECESSARY FOR SUCH PERSON TO CARRY OUT HIS OR HER DUTIES AS
  A PUBLIC OFFICER OR AS A PRACTITIONER OR PHARMACIST; PROVIDED  THAT  THE
  COMMISSIONER  OF THE DEPARTMENT OF EDUCATION, THE OFFICE OF PROFESSIONAL
  MEDICAL CONDUCT, OR ANY PARTY MAY SUBMIT SUCH INFORMATION AS EVIDENCE IN
  ANY ADMINISTRATIVE HEARING OR RELATED JUDICIAL PROCEEDING AS  AUTHORIZED
  BY  LAW.   (II) NO PRACTITIONER, PHARMACIST OR OTHER DISPENSER OR HIS OR
  HER DESIGNATED AGENT WHO OBTAINS INFORMATION FROM THE  REPORTING  SYSTEM
  PURSUANT  TO  SUBDIVISION  FIVE,  SIX  OR  EIGHT  OF  THIS SECTION SHALL
  DISCLOSE OR BE REQUIRED TO  DISCLOSE  ANY  SUCH  INFORMATION  UNLESS  SO
  REQUIRED BY A PROVISION OF LAW SPECIFICALLY RELATING TO THE TREATMENT OF
  A  PATIENT  OR  RELATING  TO  THE  MANDATORY REPORTING OF A COVERED DRUG
  PURSUANT TO THIS SECTION. DISCLOSURE BY A  PRACTITIONER,  PHARMACIST  OR
  OTHER  DISPENSER  OR  HIS OR HER DESIGNATED AGENT TO ANY OTHER PERSON OR
  ENTITY, INCLUDING DISCLOSURE IN THE CONTEXT OF A CIVIL ACTION WHERE  THE
  DISCLOSURE  IS  SOUGHT  EITHER  FOR  THE  PURPOSE  OF  DISCOVERY  OR FOR
  EVIDENCE, IS PROHIBITED.
    (C) THE COMMISSIONER SHALL PROVIDE SUCH INFORMATION UPON RECEIPT OF  A
  JUDICIAL  SUBPOENA ISSUED ON BEHALF OF A DEFENDANT IN A PENDING CRIMINAL
  ACTION OR PROCEEDING, A POLICE OFFICER, DISTRICT ATTORNEY,  GRAND  JURY,
  OR ANY FEDERAL OR STATE LAW ENFORCEMENT AGENCY.
    (D)  THE  COMMISSIONER MAY USE SUCH INFORMATION FOR ANY LAWFUL PURPOSE
  IN ACCORDANCE WITH HIS OR HER POWERS AND DUTIES PURSUANT TO  THIS  CHAP-
  TER.
    (E)  NOTHING  IN  THIS  SUBDIVISION  SHALL  BE  INTERPRETED TO ALLOW A
  DISCLOSURE OF INFORMATION OTHERWISE PROHIBITED BY FEDERAL LAW.
    10. IMMUNITY. NO PUBLIC OFFICER NOR THE STATE  OF  NEW  YORK  NOR  ANY
  DEPARTMENT,  BUREAU,  BOARD  OR  POLITICAL  SUBDIVISION  THEREOF  ACTING
  REASONABLY AND IN GOOD FAITH IN THE DISCHARGE OF  HIS  OR  HER  OFFICIAL
  DUTIES  SHALL  BE  SUBJECT TO CIVIL LIABILITY ARISING FROM ANY RESULTING
  FALSE, INCOMPLETE OR INACCURATE INFORMATION SUBMITTED TO OR REPORTED  BY
  THE  REPORTING  SYSTEM;  OR  FOR  ANY RESULTING FAILURE OF THE SYSTEM TO
  ACCURATELY OR TIMELY REPORT  SUCH  INFORMATION;  OR  FOR  THE  RESULTING
  DISCLOSURE OF ANY INFORMATION MAINTAINED BY THE SYSTEM.
    11.  VIOLATIONS,  PENALTIES.    (A)  (I) A PRACTITIONER, PHARMACIST OR
  OTHER DISPENSER WHO  KNOWINGLY  FAILS  TO  COMPLY  WITH  THE  REPORTING,
  CONSULTATION  OR REVIEW REQUIREMENTS OF SUBDIVISION THREE, FOUR, FIVE OR
  SIX OF THIS SECTION, AS APPLICABLE, OR, HAVING DIRECTED HIS OR HER AGENT
  TO SO COMPLY IN ACCORDANCE WITH SUBDIVISION EIGHT OF THIS SECTION, KNOW-
  INGLY FAILS TO TAKE REASONABLE MEASURES TO ENSURE THAT  SUCH  AGENT  HAS
  PROPERLY  COMPLIED WITH SUCH REQUIREMENTS, SHALL, FOR EACH SUCH FAILURE,
  BE LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL  PENALTY  OF  NOT  LESS
  THAN  ONE HUNDRED FIFTY NOR MORE THAN FIVE HUNDRED DOLLARS. (II) A PRAC-
  TITIONER, PHARMACIST OR OTHER DISPENSER WHO VIOLATES SUBPARAGRAPH (I) OF
  THIS PARAGRAPH, AFTER HAVING BEEN PREVIOUSLY PENALIZED UNDER THIS  PARA-
  GRAPH  WITHIN  THE PRECEDING THREE YEARS, SHALL FOR EACH SUCH SUBSEQUENT

 S. 5720--A                          5

  VIOLATION BE LIABLE TO THE PEOPLE OF THE STATE FOR A  CIVIL  PENALTY  OF
  NOT LESS THAN THREE HUNDRED NOR MORE THAN ONE THOUSAND DOLLARS.  (III) A
  PRACTITIONER,  PHARMACIST  OR  OTHER DISPENSER WHO VIOLATES SUBPARAGRAPH
  (I)  OF THIS PARAGRAPH AFTER HAVING BEEN PREVIOUSLY PENALIZED UNDER THIS
  PARAGRAPH TWO OR MORE TIMES WITHIN THE PRECEDING THREE YEARS, SHALL, FOR
  EACH SUCH SUBSEQUENT VIOLATION, BE LIABLE TO THE PEOPLE OF THE STATE FOR
  A CIVIL PENALTY OF NOT LESS THAN ONE THOUSAND NOR MORE THAN  FIVE  THOU-
  SAND DOLLARS.
    (B) (I) ANY PERSON WHO KNOWINGLY DISCLOSES INFORMATION IN VIOLATION OF
  SUBDIVISION  NINE  OF  THIS  SECTION SHALL, FOR EACH SUCH DISCLOSURE, BE
  LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY OF NOT  LESS  THAN
  ONE  HUNDRED  FIFTY  NOR MORE THAN FIVE HUNDRED DOLLARS. (II) ANY PERSON
  WHO KNOWINGLY DISCLOSES INFORMATION IN VIOLATION OF SUBDIVISION NINE  OF
  THIS SECTION AFTER HAVING BEEN PREVIOUSLY PENALIZED UNDER THIS PARAGRAPH
  FOR  ANY  SUCH  DISCLOSURE  WITHIN THE PRECEDING THREE YEARS, SHALL, FOR
  EACH SUCH SUBSEQUENT DISCLOSURE, BE LIABLE TO THE PEOPLE  OF  THE  STATE
  FOR  A  CIVIL  PENALTY  OF NOT LESS THAN THREE HUNDRED NOR MORE THAN ONE
  THOUSAND DOLLARS. (III) ANY PERSON WHO KNOWINGLY  DISCLOSES  INFORMATION
  IN  VIOLATION  OF  SUBDIVISION  NINE  OF  THIS SECTION AFTER HAVING BEEN
  PREVIOUSLY PENALIZED UNDER THIS PARAGRAPH FOR ANY SUCH DISCLOSURE TWO OR
  MORE TIMES WITHIN THE PRECEDING THREE YEARS, SHALL, FOR EACH SUCH SUBSE-
  QUENT DISCLOSURE, BE LIABLE TO THE PEOPLE  OF  THE  STATE  FOR  A  CIVIL
  PENALTY  OF  NOT  LESS  THAN  ONE  THOUSAND  NOR MORE THAN FIVE THOUSAND
  DOLLARS.
    (C) ANY PERSON WHO, EXCEPT AS EXPRESSLY AUTHORIZED BY THIS SECTION  OR
  BY  OTHER APPLICABLE STATE OR FEDERAL LAW, RULE OR REGULATION, KNOWINGLY
  AND INTENTIONALLY ACCESSES THE REPORTING SYSTEM ESTABLISHED PURSUANT  TO
  SUBDIVISION  ONE  OF THIS SECTION SHALL BE GUILTY OF A CLASS A MISDEMEA-
  NOR.
    12. EDUCATION AND OUTREACH. THE COMMISSIONER SHALL WORK WITH THE STATE
  EDUCATION DEPARTMENT AND THE OFFICE OF ALCOHOLISM  AND  SUBSTANCE  ABUSE
  SERVICES  TO  DEVELOP  CONTINUING  EDUCATION PROGRAMS FOR PRACTITIONERS,
  PHARMACISTS AND OTHER PERSONS WHO ARE AUTHORIZED TO PRESCRIBE,  ADMINIS-
  TER,  DISPENSE  OR  PROVIDE  TREATMENT  FOR  ADDICTION  TO  OR  ABUSE OF
  CONTROLLED SUBSTANCES, REGARDING (A) THE LAWFUL USES  OF  THE  REPORTING
  SYSTEM;  AND  (B)  BEST  PRACTICES  FOR THE PRESCRIBING, IDENTIFICATION,
  TREATMENT AND REFERRAL OF PATIENTS ADDICTED  TO  OR  ABUSING  SUBSTANCES
  MONITORED  BY  SUCH  REPORTING  SYSTEM,  INCLUDING,  BUT NOT LIMITED TO,
  SCREENING, BRIEF INTERVENTION AND REFERRAL TO TREATMENT CERTIFICATION.
    13. RULES AND REGULATIONS. THE COMMISSIONER SHALL, CONSISTENT WITH THE
  PROVISIONS OF THIS SECTION AND SECTIONS THIRTY-THREE HUNDRED  EIGHT  AND
  THIRTY-THREE HUNDRED FORTY-THREE-B OF THIS ARTICLE, PROMULGATE RULES AND
  REGULATIONS  NECESSARY  TO  EFFECTUATE  THE  PROVISIONS OF THIS SECTION;
  PROVIDED HOWEVER, THE COMMISSIONER SHALL  NOT  PROMULGATE  ANY  RULE  OR
  REGULATION  THAT REQUIRES ANY PRACTITIONER OR PHARMACIST TO PAY A FEE OR
  TAX SPECIFICALLY DEDICATED TO THE OPERATION OF THE SYSTEM.
    S 3. The public health law is amended by adding a new  section  3343-b
  to read as follows:

    S  3343-B.  ADVISORY BOARD. 1. THERE IS HEREBY ESTABLISHED AN ADVISORY
  BOARD TO ASSIST THE COMMISSIONER IN CARRYING OUT THE DUTIES  OF  SECTION
  THIRTY-THREE  HUNDRED  FORTY-THREE-A  OF  THIS TITLE. THE ADVISORY BOARD
  SHALL CONSIST OF FIFTEEN MEMBERS, TO BE APPOINTED AS FOLLOWS:

    (A) EIGHT MEMBERS BY THE COMMISSIONER, ONE  OF  WHICH  SHALL  BE  FROM
  AMONG  NOMINATIONS  SUBMITTED BY THE MEDICAL SOCIETY OF THE STATE OF NEW
  YORK, ONE OF WHICH SHALL BE FROM AMONG NOMINATIONS SUBMITTED BY THE  NEW
  YORK  ACADEMY  OF MEDICINE, ONE OF WHICH SHALL BE FROM AMONG NOMINATIONS

 S. 5720--A                          6

  SUBMITTED BY THE NEW YORK SOCIETY OF ADDICTION MEDICINE,  ONE  OF  WHICH
  SHALL  BE  FROM AMONG NOMINATIONS SUBMITTED BY THE PHARMACIST SOCIETY OF
  THE STATE OF NEW YORK, AND ONE OF WHICH SHALL BE FROM AMONG  NOMINATIONS
  SUBMITTED BY THE CHAIN PHARMACY ASSOCIATION OF THE STATE OF NEW YORK;
    (B) ONE MEMBER BY THE STATE BOARD OF MEDICINE;
    (C) ONE MEMBER BY THE STATE BOARD OF PHARMACY;
    (D)  ONE  MEMBER  BY  THE COMMISSIONER OF THE OFFICE OF ALCOHOLISM AND
  SUBSTANCE ABUSE SERVICES;
    (E) ONE MEMBER BY THE STATE BOARD OF NURSING;
    (F) ONE MEMBER BY THE ATTORNEY GENERAL;
    (G) ONE MEMBER BY THE SPEAKER OF THE ASSEMBLY; AND
    (H) ONE MEMBER BY THE TEMPORARY PRESIDENT OF THE SENATE.
    2. THE COMMISSIONER SHALL SEEK AND THE BOARD SHALL PROVIDE  INPUT  AND
  ADVICE  REGARDING  THE DEVELOPMENT AND OPERATION OF THE REPORTING SYSTEM
  ESTABLISHED PURSUANT TO SUBDIVISION ONE OF SECTION THIRTY-THREE  HUNDRED
  FORTY-THREE-A OF THIS TITLE, INCLUDING BUT NOT LIMITED TO:

    (A) WHICH COVERED DRUGS, AS SUCH TERM IS DEFINED IN SUBDIVISION TWO OF
  SECTION  THIRTY-THREE  HUNDRED  FORTY-THREE-A  OF  THIS TITLE, SHOULD BE
  REPORTED AND MONITORED;
    (B) THE DESIGN AND IMPLEMENTATION  OF  CONTINUING  EDUCATION  PROGRAMS
  ESTABLISHED  PURSUANT  TO  SUBDIVISION  TWELVE  OF  SECTION THIRTY-THREE
  HUNDRED FORTY-THREE-A OF THIS TITLE;
    (C) PROCEDURES FOR PRACTITIONERS, PHARMACISTS AND OTHER DISPENSERS  TO
  FOLLOW IN THE EVENT OF A TECHNOLOGICAL FAILURE; AND
    (D)  PROCEDURES  AND SAFEGUARDS TO FACILITATE THE PROPER OPERATION AND
  USE OF THE REPORTING SYSTEM, ENSURE THE ACCURACY  OF  INFORMATION  MAIN-
  TAINED THEREON, AND PREVENT UNAUTHORIZED ACCESS TO OR DISCLOSURE OF SUCH
  INFORMATION.
    3.  ALL  MEMBERS  OF  THE  BOARD SHALL BE APPOINTED FOR TERMS OF THREE
  YEARS. ANY MEMBER CHOSEN TO FILL A VACANCY  CREATED  OTHERWISE  THAN  BY
  EXPIRATION  OF  TERM  SHALL  BE  APPOINTED FOR THE UNEXPIRED TERM OF THE
  MEMBER WHOM HE OR SHE IS TO SUCCEED. VACANCIES CAUSED BY EXPIRATION OF A
  TERM OR OTHERWISE SHALL BE FILLED PROMPTLY AND IN  THE  SAME  MANNER  AS
  ORIGINAL  APPOINTMENTS.  ANY  MEMBER  MAY  BE REAPPOINTED FOR ADDITIONAL
  TERMS. A MEMBER OF THE BOARD SHALL CONTINUE IN SUCH  POSITION  UPON  THE
  EXPIRATION  OF  HIS  OR  HER  TERM UNTIL SUCH TIME AS HE OR SHE IS REAP-
  POINTED OR HIS OR HER SUCCESSOR IS APPOINTED, AS THE CASE MAY BE.
    4. THE MEMBERS OF THE BOARD SHALL RECEIVE  NO  COMPENSATION  FROM  THE
  STATE  FOR  THEIR SERVICES AS MEMBERS, BUT SHALL BE ALLOWED THEIR ACTUAL
  AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
    5. NO MEMBER OF THE BOARD  SHALL  BE  DISQUALIFIED  FROM  HOLDING  ANY
  PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE
  OR  EMPLOYMENT,  BY  REASON  OF  HIS OR HER APPOINTMENT PURSUANT TO THIS
  SECTION, NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL, SPECIAL OR
  LOCAL LAW, ORDINANCE OR CITY CHARTER.
    S 4. This act shall take effect immediately; provided,  however,  that
  subdivisions  3,  4,  5,  6, 7, 8, 9, 10 and 11 of section 3343-a of the
  public health law, as added by section  two  of  this  act,  shall  take
  effect one year after such date.