S6445-2011 Actions

• Feb 9, 2012: REFERRED TO HIGHER EDUCATION

S6445-2011 Memo

BILL NUMBER:S6445           REVISED 02/27/12

TITLE OF BILL:
An act to amend the education law, in relation to electronic prescribing
software

PURPOSE:
This legislation will prohibit certain practices aimed at influencing
prescribers and pharmacies using electronic prescribing software.

SUMMARY OF PROVISIONS:
Section 1 adds a new section 6810(10) to the Education Law that:

(a) Restricts information transmitted through electronic prescribing
software to information consistent with the products label and/or infor-
mation supported by scientific evidence that meets federal food and drug
administration requirements for advertising pharmaceutical products, as
well as facts from a review article or editorial comment in a major peer
reviewed professional journal;

(b) Prohibits advertisements, the use of instant messaging, and pop up
ads to influence the prescriber;

(c) Prohibits the use of a patient's formulary, co payment, or benefit
plan to influence the prescriber;

(d) Permits electronic prescribing software to request of prior authori-
zation approval and receive authorization approval.

Section 2 provides the effective date.

This legislation will prohibit the use these tactics and allow physi-
cians to focus on the patient's relevant health information rather than
receive distracting marketing messages

JUSTIFICATION:
Technology has continued to evolve and provide medical professionals
with effective tools to administer first rate health care.  E-prescrib-
ing software is an excellent example of how physicians are able to
utilize this technology to improve patient care in a cost effective
manner.

Some entities that sell electronic prescribing software are attempting
to influence physician prescribing via pop-up ads, instant messaging and
other electronic means. Patient information including formularies,
co-payment information and benefit information is also being used in
marketing campaigns to influence health care professionals.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
Immediate.

S6445-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         6445
 I N  SENATE
 February 9, 2012
 
 Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
 printed to be committed to the Committee on Higher Education
 

AN ACT to amend the education law, in relation to electronic prescribing
 software
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. 

Section  6810 of the education law is amended by adding a
 new subdivision 10 to read as follows:

 10. ALL ELECTRONIC PRESCRIBING SOFTWARE USED IN THIS STATE  INCLUDING,
 WITHOUT  LIMITATION,  ELECTRONIC PRESCRIBING SOFTWARE FOR WHICH PRESCRI
 BERS AND PHARMACIES RECEIVE PAYMENTS PURSUANT TO SECTION  THREE  HUNDRED
 SIXTY-SEVEN-A OF THE SOCIAL SERVICES LAW SHALL:

 (A) TRANSMIT TO A PRESCRIBER ONLY ELECTRONIC COMMUNICATIONS CONSISTENT
 WITH  THE  PRODUCT  LABEL  EXCEPT  WHERE SUCH COMMUNICATION RELATES TO A
 REVIEW ARTICLE OR EDITORIAL COMMENT IN A  MAJOR  PEER  REVIEWED  PROFES
 SIONAL  JOURNAL,  SUPPORTED  BY  SCIENTIFIC  EVIDENCE AND THAT MEETS THE
 FEDERAL FOOD AND DRUG ADMINISTRATION REQUIREMENTS FOR ADVERTISING  PHAR
 MACEUTICAL PRODUCTS;
 (B)  NOT  USE  ANY  MEANS OR PERMIT ANY OTHER PERSON TO USE ANY MEANS,
 INCLUDING, BUT NOT LIMITED TO, ADVERTISING, INSTANT MESSAGING, AND  POP
 UP  ADS,  TO  INFLUENCE OR ATTEMPT TO INFLUENCE, THROUGH ECONOMIC INCEN
 TIVES OR OTHERWISE, THE PRESCRIBING DECISION OF  A  PRESCRIBING  PRACTI
 TIONER  AT  THE POINT OF CARE OR ANY SUCH MEANS TRIGGERED OR IN SPECIFIC
 RESPONSE TO THE INPUT, SELECTION, OR ANY ACT OF  A  PRESCRIBING  PRACTI
 TIONER  OR  HIS  OR HER AGENT IN PRESCRIBING A CERTAIN PHARMACEUTICAL OR
 DIRECTING A PATIENT TO A CERTAIN PHARMACY;
 (C) NOT SHOW INFORMATION REGARDING A PAYOR'S FORMULARY, CO-PAYMENT  OR
 BENEFIT  PLAN  IN ANY WAY THAT PRECLUDES OR MAKES MORE DIFFICULT THE ACT
 OF A PRESCRIBING PRACTITIONER OR PATIENT SELECTING ANY PARTICULAR  PHAR
 MACY OR PHARMACEUTICAL; AND
 (D) MAKE AVAILABLE MEANS TO REQUEST A PRIOR AUTHORIZATION APPROVAL AND
 RECEIVE PRIOR AUTHORIZATION AND STEP THERAPY CRITERIA AND APPROVAL ELEC
 TRONICALLY  ON  THE  DAY THE PRESCRIPTION IS ISSUED AS ESTABLISHED VIA A
 STANDARDIZED FORMAT TO BE CREATED BY THE BOARD OF PHARMACY.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13447-01-1

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