S2820A-2011 Actions

• Jun 21, 2012: COMMITTED TO RULES
• Jun 11, 2012: ADVANCED TO THIRD READING
• Jun 6, 2012: 2ND REPORT CAL.
• Jun 5, 2012: 1ST REPORT CAL.1080
• Mar 12, 2012: NOTICE OF COMMITTEE CONSIDERATION - WITHDRAWN
• Feb 21, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO HEALTH
• Jun 15, 2011: PRINT NUMBER 2820B
• Jun 15, 2011: AMEND (T) AND RECOMMIT TO HEALTH
• Apr 14, 2011: PRINT NUMBER 2820A
• Apr 14, 2011: AMEND AND RECOMMIT TO HEALTH
• Feb 2, 2011: REFERRED TO HEALTH

S2820A-2011 Votes

S2820A-2011 Memo

BILL NUMBER:S2820A

TITLE OF BILL:
An act
to amend the public health law, in relation to providing pharmacies
access to New York's prescription drug monitoring program resources

PURPOSE OR GENERAL IDEA OF BILL:
To allow pharmacies to request access
to certain New York's Prescription Drug Monitoring Program data, in
order to determine a prescription's authenticity, whether it was
already filled by another pharmacy or physician, and whether the
patient has engaged in "doctor shopping". New York's physicians
already have this ability.

SUMMARY OF SPECIFIC PROVISIONS:
Section 3371 of the Public Health Law
is amended by adding a new subdivision (f) which provides pharmacies
access to New York's Prescription Drug Monitoring Program.

JUSTIFICATION:
This bill opens New York's Prescription Drug Monitoring
Program records to pharmacies, in the same way that physicians
already have access to them. Pharmacists would be able learn a
patient's medical history - including doctor and pharmacy visits,
prescription history, and any suspicions of drug misuse, abuse or
diversion. This information could prove to be lifesaving whether for
individuals seeking to abuse prescription drugs or individuals who
have a complicated medical history.

Other states have opened this information to pharmacies years ago. And
they have done so without sacrificing patient safety, privacy or
access to prescription drugs. Kentucky, a national leader in
prescription drug monitoring, has studied healthcare provider
satisfaction with access to such information, and found overwhelming
approval. These providers agreed that this recent medical history and
prescription drug records provided for informed, safe and responsible
decisions for their patients.

Currently, we have a limited Prescription Drug Monitoring Program in
New York State. Article 33 of the Public Health Law and Part 80 of
Title 10 regulations require pharmacies to electronically submit
information to the New York State Department of Health (NYSDOH) from
all prescriptions dispensed for controlled substances. Under this
regulation, NYSDOH shall monitor the data submitted by the pharmacies
to protect practitioners from drug seekers. They must also notify
practitioners when analyses of official prescription data indicate
that their patients are obtaining controlled substances from multiple
sources, an indicator that they may be engaging in "doctor shopping."
NYSDOH is still in the process of establishing this program. An
obvious flaw in the current program is that Pharmacies are not
allowed to access the data base.

New York's laws and regulations in regard to the sharing of this
information have, unfortunately, fallen behind those of other states.
This legislation gives pharmacists the ability to combat prescription


drug fraud. Currently, 39 States have prescription drug monitoring
laws of some sort.

This bill, if passed into law, would enable all of the parties
involved in an individual patient's healthcare decisions to have
information necessary to make the right prescription drug choices. It
is also part of a two bill package to strengthen New York State's
Prescription Monitoring Program.

PRIOR LEGISLATIVE HISTORY:
S.7684 - Died in Senate Health.

FISCAL IMPLICATIONS:
Minimal administrative costs.

EFFECTIVE DATE:
This act shall take effect immediately.

S2820A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 2820--A
 2011-2012 Regular Sessions
 I N  SENATE
 February 2, 2011
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
 printed to be committed  to  the  Committee  on  Health  --  committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee
 AN  ACT to amend the public health law, in relation to providing pharma
 cies  access  to  New  York's  prescription  drug  monitoring  program
 resources
 

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

 

Section 1. Paragraphs d and e of subdivision 1 of section 3371 of  the
 public  health  law,  as amended by chapter 178 of the laws of 2010, are
 amended and a new paragraph (f) is added to read as follows:

 (d) to a central registry established pursuant to this article; [and]
 (e) to a practitioner to inform him or her that a patient may be under
 treatment with a controlled substance by another practitioner; OR
 (F) TO A PHARMACY TO INFORM THE PHARMACY THAT A PERSON WHO PRESENTS OR
 HAS PRESENTED A PRESCRIPTION FOR ONE OR MORE  CONTROLLED  SUBSTANCES  AT
 THE  PHARMACY  MAY  HAVE ALSO OBTAINED ONE OR MORE CONTROLLED SUBSTANCES
 FROM ANOTHER PHARMACY, WHERE THE CIRCUMSTANCES INDICATE A POSSIBILITY OF
 DRUG ABUSE OR DIVERSION,  POTENTIAL  HARM  TO  THE  PERSON,  OR  SIMILAR
 GROUNDS.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08603-03-1

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