NY State Senate Bill 2013-S2805

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 08, 2014	referred to health
Jan 23, 2013	referred to health

2013-S2805 (ACTIVE) - Details

See Assembly Version of this Bill:: A2552
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §281, Pub Health L; amd §6810, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A8628
2015-2016: S604, A1165

2013-S2805 (ACTIVE) - Summary

Relates to requirements for electronic prescribing software under the medical assistance program; prohibits the use of advertising or messaging in such software; requires such software to include a means for prior authorization approval; prohibits use of certain information relating to a patient's benefits plan.

2013-S2805 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2805

TITLE OF BILL:  An act to amend the public health law and 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 § 281(7) to the Public Health Law that:

(a) Restricts information transmitted through electronic prescribing
software to only information consistent with the product label and/or
information 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) Requires electronic prescribing software to make available means
to request a prior authorization approval and to receive prior
authorization and step therapy criteria and approval electronically.

Section 2 adds a new § 6810(14) to the Education Law to cofidy the
aforementioned provisions in the Education Law.

Section 3 provides the effective date.

JUSTIFICATION:  Technology has continued to evolve and provide medical
professionals with effective tools to administer first rate health
care.  E-prescribing software is an excellent example of how
physicians are able to utilize this technology to improve patient care
in a cost effective manner. Notably, under I-STOP (Chapter 447 of
2012) e-prescribing will become mandatory on December 31, 2014 making
this legislation even more pertinent.

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.

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

LEGISLATIVE HISTORY: Similar to S.6445 of 2012.

FISCAL IMPLICATIONS: None to the state.


EFFECTIVE DATE: Immediate.

2013-S2805 (ACTIVE) - Bill Text download pdf

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

                                  2805

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen.  HANNON -- 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 electronic prescribing software

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

  Section 1. Section 281 of the public health law is amended by adding a
new subdivision 7 to read as follows:
  7.   THE REGULATIONS PROMULGATED PURSUANT TO SUBDIVISION THREE OF THIS
SECTION SHALL PROVIDE THAT ALL ELECTRONIC PRESCRIBING SOFTWARE  USED  IN
THIS  STATE  INCLUDING, WITHOUT LIMITATION, ELECTRONIC PRESCRIBING SOFT-
WARE FOR WHICH PRESCRIBERS 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04350-03-3

S. 2805                             2

  (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.  Section  6810  of  the education law is amended by adding a new
subdivision 14 to read as follows:
  14.  THE REGULATIONS PROMULGATED PURSUANT TO SUBDIVISION TEN  OF  THIS
SECTION  SHALL  PROVIDE THAT ALL ELECTRONIC PRESCRIBING SOFTWARE USED IN
THIS STATE INCLUDING, WITHOUT LIMITATION, ELECTRONIC  PRESCRIBING  SOFT-
WARE  FOR  WHICH PRESCRIBERS 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 3. This act shall take effect immediately.

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Senate Bill S2805

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

2013-S2805 (ACTIVE) - Details

2013-S2805 (ACTIVE) - Summary

2013-S2805 (ACTIVE) - Sponsor Memo

2013-S2805 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2805

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Sponsored By

Kemp Hannon

Archive: Last Bill Status - In Senate Committee Health Committee

2013-S2805 (ACTIVE) - Details

2013-S2805 (ACTIVE) - Summary

2013-S2805 (ACTIVE) - Sponsor Memo

2013-S2805 (ACTIVE) - Bill Text download pdf

Comments