Relates to providing pharmacists access to New York's prescription drug monitoring program resources.
TITLE OF BILL: An act to amend the public health law, in relation to providing pharmacists access to New York's prescription drug monitoring program resources
PURPOSE OR GENERAL IDEA OF BILL: To allow pharmacists 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 pharmacists access to New York's Prescription Drug Monitoring Program.
JUSTIFICATION: This bill opens New York's Prescription Drug Monitoring Program records to pharmacists, 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 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 pharmacists 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 pharmacists 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 pharmacists 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.
STATE OF NEW YORK ________________________________________________________________________ 2820--B 2011-2012 Regular Sessions IN 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 -- 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- cists 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 PHARMACIST TO INFORM THE PHARMACIST 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. LBD08603-05-1