This bill has been amended

Bill S5720-2011

Enacts the Internet System for Tracking Over-Prescribing (I-STOP) Act

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.

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  • Jan 4, 2012: REFERRED TO HEALTH
  • Jun 13, 2011: REFERRED TO RULES

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BILL NUMBER:S5720

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 data at the time a schedule II, III, IV, or V controlled substance prescription is issued and at the time such substance is dispensed to identify and stop the over-prescription and abuse 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 schedule II, III, IV, and V controlled substances; (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 a schedule II, III, IV, and V controlled substance; (3) require practitioners to report statutorily-required data to the on-line, real-time controlled substance reporting system upon issuing a schedule II, III, IV, and V controlled substance; (4) require pharmacists to review the on-line, real-time controlled substance reporting system to confirm the person presenting a prescription for a schedule II, III, IV, and V controlled substance possesses a legitimate prescription prior to dispensing such substance; (5) require pharmacists to report statutorily-required data to the on-line, real-time controlled substance reporting system upon dispensing a schedule II, III, IV, and V controlled substance; (6) prohibit disclosure of all statutorily-required data collected on the on-line, real-time controlled substance reporting system by a practitioner, pharmacist or commissioner of health, unless authorized by law; (7)provide immunity for public officers acting in good faith and provide civil penalties for those persons who knowingly violate the a provision of Article 33 of the Public Health Law; (8) provide continuing education programs to practitioners, pharmacists and law enforcement about the purposes and proper uses of the on-line, real-time controlled substance reporting system; (9) order the Commissioner of Health to promulgate rules and regulations to effectuate this section; and (10) 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 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 City, oxycodone prescriptions rose 66 percent from 2007 to 2009, with a great number of those prescriptions filled in Staten Island.(2) 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.(3) 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.(4)

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.

41 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 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.

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

(2) Abby Goodnough, A Wave of Addiction and Crime, with the Medicine Cabinet to Blame, New York Times, September 23, 2010.

(3) Henry L. Davis, Treating the Tiniest Addicts Mothers' Pill Abuse Leads to Newborns' Exposure, Buffalo News, June 1, 2011.

(4) Timothy Bolger, Officials Warn of New Drug of Choice on Long Island, Long Island Press, May 10, 2011.


Text

STATE OF NEW YORK ________________________________________________________________________ 5720 2011-2012 Regular Sessions IN SENATE June 13, 2011 ___________
Introduced by Sen. LANZA -- (at request of the Attorney General) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 A SYSTEM FOR COLLECT- ING, MONITORING AND REPORTING DATA CONCERNING THE PRESCRIBING AND DISPENSING OF SCHEDULE II, III, IV, OR V CONTROLLED SUBSTANCES, OR ANY OTHER SUBSTANCES SPECIFIED BY THE COMMISSIONER, THAT ARE PRESCRIBED OR DISPENSED. SUCH SYSTEM SHALL ALLOW PRACTITIONERS AND PHARMACISTS TO MONITOR AND REPORT SUCH DATA BY MEANS OF AN INTERNET PORTAL AND A WEBSITE AND ANY OTHER ELECTRONIC MEANS DEEMED APPROPRIATE BY THE COMMIS- SIONER. SUCH SYSTEM SHALL ENABLE PRACTITIONERS AND PHARMACISTS TO MONI- TOR AND REPORT SUCH DATA AT THE TIME A PRESCRIPTION IS ISSUED OR SUCH SUBSTANCE IS DISPENSED. THE COMMISSIONER SHALL ADOPT AND SUCH SYSTEM SHALL MAINTAIN PROCEDURES AND SAFEGUARDS TO ENSURE THE PRIVACY AND CONFIDENTIALITY OF PATIENT INFORMATION AND TO ENSURE THAT ANY DATA COLLECTED OR REPORTED IS NOT UNLAWFULLY ACCESSED OR DISCLOSED. THE COMMISSIONER SHALL ALSO ESTABLISH ACCEPTABLE ERROR TOLERANCE RATES FOR DATA AND PROCEDURES FOR PRACTITIONERS AND PHARMACISTS TO FOLLOW IN THE EVENT OF A TECHNOLOGICAL FAILURE.
2. REPORTING OBLIGATIONS. EVERY PRACTITIONER OR PHARMACIST WITHIN THE STATE OR ANY OTHER DISPENSER WHO HAS OBTAINED A LICENSE, PERMIT OR OTHER AUTHORIZATION TO OPERATE FROM THE COMMISSIONER OF EDUCATION, OR ANY AGENT THEREOF, SHALL REPORT TO THE COMMISSIONER THE DATA SPECIFIED IN PARAGRAPH A OR B OF THIS SUBDIVISION THROUGH AN INTERNET PORTAL AND WEBSITE MAINTAINED BY THE COMMISSIONER AND ANY OTHER METHOD DEEMED APPROPRIATE BY THE COMMISSIONER, UPON ISSUING A PRESCRIPTION OR DISPENS- ING A SCHEDULE II, III, IV, OR V CONTROLLED SUBSTANCE OR ANY OTHER SUBSTANCE SPECIFIED BY THE COMMISSIONER; PROVIDED THAT SUCH REPORTING SHALL NOT BE REQUIRED FOR ANY SUCH SUBSTANCE ADMINISTERED DIRECTLY TO A PATIENT, OR FOR SUCH SUBSTANCE DISPENSED PURSUANT TO SECTION THREE THOU- SAND THREE HUNDRED THIRTY-FOUR, THREE THOUSAND THREE HUNDRED THIRTY-SEV- EN OR THREE THOUSAND THREE HUNDRED FORTY-TWO OF THIS CHAPTER OR ANY RULE OR REGULATION PROMULGATED UNDER THOSE SECTIONS. A. DATA TO BE REPORTED BY PRACTITIONERS. DATA CONCERNING SCHEDULE II, III, IV, OR V CONTROLLED SUBSTANCES OR ANY OTHER SUBSTANCES SPECIFIED BY THE COMMISSIONER THAT ARE PRESCRIBED SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING: PRACTITIONER PRESCRIPTION NUMBER; PRACTITIONER NATIONAL IDENTIFICATION NUMBER; PATIENT NAME; PATIENT ADDRESS, INCLUDING STREET, CITY, STATE, ZIP CODE; PATIENT DATE OF BIRTH; PATIENT'S SEX; DATE PRESCRIPTION ISSUED; METRIC QUANTITY; NATIONAL DRUG CODE NUMBER OF THE DRUG; NUMBER OF DAYS SUPPLY; PRACTITIONER DRUG ENFORCEMENT ADMINIS- TRATION NUMBER; DATE PRESCRIPTION WRITTEN; SERIAL NUMBER OF OFFICIAL PRESCRIPTION FORM, OR AN IDENTIFIER DESIGNATED BY THE DEPARTMENT; PAYMENT METHOD, AND NUMBER OF REFILLS AUTHORIZED. B. DATA TO BE REPORTED BY PHARMACISTS. DATA CONCERNING SCHEDULE II, III, IV, OR V CONTROLLED SUBSTANCES OR ANY OTHER SUBSTANCES SPECIFIED BY THE COMMISSIONER THAT ARE DISPENSED SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING: PHARMACY PRESCRIPTION NUMBER; PHARMACY'S NATIONAL IDEN- TIFICATION NUMBER; PATIENT NAME; PATIENT ADDRESS, INCLUDING STREET, CITY, STATE, 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 ADMINIS- TRATION 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. 3. DUTY TO CONSULT DATABASE; PROHIBITIONS. EVERY PRACTITIONER OR PHARMACIST WITHIN THE STATE, INCLUDING ANY OTHER DISPENSER WHO HAS OBTAINED A LICENSE, PERMIT, OR OTHER AUTHORIZATION TO OPERATE FROM THE COMMISSIONER OF EDUCATION, SHALL MAKE INQUIRY TO THE ON-LINE CONTROLLED SUBSTANCE REPORTING SYSTEM ESTABLISHED PURSUANT TO SUBDIVISION ONE OF THIS SECTION PRIOR TO PRESCRIBING OR DISPENSING ANY SCHEDULE II, III, IV, OR V CONTROLLED SUBSTANCE OR ANY OTHER SUBSTANCE SPECIFIED BY THE COMMISSIONER; PROVIDED THAT THIS SUBDIVISION AND PARAGRAPHS (A) AND (B) HEREOF, SHALL NOT APPLY TO ANY SUCH SUBSTANCE ADMINISTERED DIRECTLY TO A PATIENT OR FOR ANY SUCH SUBSTANCE DISPENSED PURSUANT TO SECTIONS THREE THOUSAND THREE HUNDRED THIRTY-FOUR, THREE THOUSAND THREE HUNDRED THIR- TY-SEVEN OR THREE THOUSAND THREE HUNDRED FORTY-TWO OF THIS CHAPTER AND ANY RULE PROMULGATED THEREUNDER. A. NO PRACTITIONER SHALL PRESCRIBE ANY SCHEDULE II, III, IV, OR V CONTROLLED SUBSTANCE OR ANY OTHER SUBSTANCE SPECIFIED BY THE COMMISSION- ER WITHOUT REVIEWING A PATIENT'S CONTROLLED SUBSTANCE PRESCRIPTION HISTORY AS SET FORTH IN THE ON-LINE CONTROLLED SUBSTANCE REPORTING SYSTEM TO DETERMINE THAT SUCH PRESCRIPTION IS MEDICALLY NECESSARY AND WOULD NOT OTHERWISE VIOLATE SECTION THREE THOUSAND THREE HUNDRED FIFTY OF THIS ARTICLE, OR, FOR PRESCRIPTIONS ELIGIBLE FOR REIMBURSEMENT BY THE
MEDICAID PROGRAM, SECTION ONE HUNDRED FORTY-FIVE-B OF THE SOCIAL SERVICES LAW. B. NO PHARMACIST SHALL DISPENSE ANY SCHEDULE II, III, IV, OR V CONTROLLED SUBSTANCE OR ANY OTHER SUBSTANCE SPECIFIED BY THE COMMISSION- ER WITHOUT CONFIRMING THE EXISTENCE OF A MATCHING REPORT PROVIDED BY A PRACTITIONER THROUGH THE ON-LINE CONTROLLED SUBSTANCE REPORTING SYSTEM. 4. LIMITATIONS ON USE; DISCLOSURE RESTRICTIONS. A. NO PRACTITIONER OR PHARMACIST SHALL DISCLOSE OR BE REQUIRED TO DISCLOSE ANY DATA VIEWED OR RECEIVED THROUGH THE ON-LINE CONTROLLED SUBSTANCE REPORTING SYSTEM UNLESS SO REQUIRED BY A PROVISION OF LAW SPECIFICALLY RELATING TO THE TREATMENT OF A PATIENT OR RELATING TO THE MANDATORY REPORTING OF AN ILLEGAL USE OR ABUSE OF A CONTROLLED SCHEDULE II, III, IV OR V SUBSTANCE OR ANY OTHER SUBSTANCE SPECIFIED BY THE COMMISSIONER. DISCLOSURE BY A PRACTITIONER OR PHARMACIST 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 PROHIBIT- ED. B. THE COMMISSIONER MAY NOT DISCLOSE DATA COLLECTED FOR THE ON-LINE CONTROLLED SUBSTANCE REPORTING SYSTEM UNLESS SPECIFICALLY SO AUTHORIZED BY LAW. C. THE COMMISSIONER SHALL BE AUTHORIZED TO REVIEW BY ELECTRONIC MEANS OR OTHERWISE THE DATE COLLECTED OR PUBLISHED FOR THE ON-LINE CONTROLLED SUBSTANCE REPORTING SYSTEM. THE COMMISSIONER SHALL BE AUTHORIZED TO DISCLOSE DATA COLLECTED FOR OR PUBLISHED ON THE ON-LINE CONTROLLED SUBSTANCE REPORTING SYSTEM, WITHOUT NECESSITY OF SUBPOENA, TO: (I) THE DIRECTOR OF THE OFFICE OF THE PROFESSIONS OF THE DEPARTMENT OF EDUCATION OR HIS OR HER DESIGNEE WHO IS RESPONSIBLE 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) A JUDGE OR A PROBATION OR PAROLE OFFICER ADMINISTERING A DIVERSION OR PROBATION PROGRAM OF A CRIMINAL DEFENDANT WHO IS ELIGIBLE TO PARTICIPATE IN A COURT-ORDERED DRUG DIVERSION OR PROBATION PROGRAM; OR (V) A PRACTITIONER OR PHARMACIST, OR THEIR AGENT, WHO REQUESTS INFORMATION AND CERTIFIES THAT THE REQUESTED INFORMATION IS FOR THE PURPOSE OF PROVIDING MEDICAL OR PHARMACEUTICAL TREATMENT TO A CURRENT PATIENT. ANY PERSON TO WHOM THE COMMISSIONER DISCLOSES SUCH DATA PURSUANT TO THIS PARAGRAPH SHALL NOT PROVIDE SUCH DATA 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 PHAR- MACIST; PROVIDED THAT THE COMMISSIONER OF THE DEPARTMENT OF EDUCATION MAY SUBMIT THE DATA AS EVIDENCE IN ANY ADMINISTRATIVE HEARING AS AUTHOR- IZED BY LAW. D. THE COMMISSIONER SHALL BE AUTHORIZED TO PROVIDE THE DATA REPORTED TO OR COLLECTED FOR THE ON-LINE CONTROLLED SUBSTANCE REPORTING SYSTEM UPON RECEIPT OF A SUBPOENA ISSUED TO A POLICE OFFICER, DISTRICT ATTOR- NEY, OR GRAND JURY, OR ANY FEDERAL OR STATE LAW ENFORCEMENT AGENCY. E. THE COMMISSIONER MAY USE ANY DATA OR REPORTS COLLECTED FOR OR REPORTED TO THE ON-LINE CONTROLLED SUBSTANCE REPORTING SYSTEM FOR THE PURPOSE OF IDENTIFYING MEDICAID RECIPIENTS WHOSE USAGE OF CONTROLLED SUBSTANCES MAY BE APPROPRIATELY MANAGED BY A SINGLE OUTPATIENT PHARMACY OR PRIMARY CARE PRACTITIONER. F. NOTHING IN THIS SUBDIVISION SHALL BE INTERPRETED TO ALLOW A DISCLO- SURE OF INFORMATION OTHERWISE PROHIBITED BY FEDERAL LAW.
5. IMMUNITY. NO PUBLIC OFFICER ACTING IN GOOD FAITH NOR THE STATE OF NEW YORK NOR ANY DEPARTMENT, BUREAU, BOARD OR POLITICAL SUBDIVISION THEREOF SHALL BE SUBJECT TO CIVIL LIABILITY ARISING FROM ANY FALSE INFORMATION OF ANY DATA SUBMITTED TO OR REPORTED BY THE ON-LINE CONTROLLED SUBSTANCE REPORTING SYSTEM; OR ANY FAILURE OF THE SYSTEM TO ACCURATELY OR TIMELY REPORT SUCH DATA; OR FOR DISCLOSURE OF ANY DATA MAINTAINED BY THE SYSTEM RESULTING FROM SUCH OFFICER ACTING IN GOOD FAITH IN THE DISCHARGE OF HIS OR HER DUTIES. 6. CIVIL PENALTIES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTI- CLE RELATING TO VIOLATIONS OF THIS ARTICLE: A. ANY PRACTITIONER OR PHARMACIST WHO KNOWINGLY FAILS TO TRANSMIT DATA TO THE COMMISSIONER AS REQUIRED BY SUBDIVISION TWO OF THIS SECTION SHALL BE LIABLE TO THE STATE FOR A CIVIL PENALTY OF FIVE HUNDRED DOLLARS FOR THE FIRST PRESCRIPTION ISSUED WHICH IS NOT PROPERLY REPORTED; ONE THOU- SAND DOLLARS FOR THE SECOND PRESCRIPTION NOT PROPERLY REPORTED; AND FIVE THOUSAND DOLLARS FOR EACH PRESCRIPTION NOT PROPERLY REPORTED THEREAFTER. B. ANY PRACTITIONER OR PHARMACIST WHO KNOWINGLY FAILS TO REVIEW DATA PRIOR TO PRESCRIBING OR DISPENSING ANY SUBSTANCE IN VIOLATION OF SUBDI- VISION THREE OF THIS SECTION SHALL BE LIABLE TO THE STATE FOR A CIVIL PENALTY OF FIVE HUNDRED DOLLARS FOR THE FIRST PRESCRIPTION SO ISSUED; ONE THOUSAND DOLLARS FOR THE SECOND PRESCRIPTION SO ISSUED; AND FIVE THOUSAND DOLLARS FOR EACH PRESCRIPTION ISSUED IN VIOLATION OF SUBDIVI- SION THREE OF THIS SECTION THEREAFTER. C. ANY PRACTITIONER OR PHARMACIST WHO KNOWINGLY DISCLOSES INFORMATION IN VIOLATION OF SUBDIVISION FOUR OF THIS SECTION SHALL BE LIABLE FOR A PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR THE FIRST SUCH DISCLO- SURE; ONE THOUSAND DOLLARS FOR THE SECOND SUCH DISCLOSURE; AND FIVE THOUSAND DOLLARS FOR EACH SUCH DISCLOSURE ISSUED IN VIOLATION OF SUBDI- VISION THREE THEREAFTER. D. NOTHING IN THIS SECTION SHALL BE INTERPRETED TO PREEMPT OR RESTRICT ANY CIVIL ACTION BY ANY INDIVIDUAL FOR DAMAGES RESULTING FROM AN ILLEGAL DISCLOSURE OF INFORMATION IN VIOLATION OF SUBDIVISION FOUR OF THIS SECTION, OR ANY OTHER CIVIL OR CRIMINAL ACTION BY THE COMMISSIONER OR ANY LAW ENFORCEMENT AGENCY. 7. EDUCATION AND OUTREACH. THE COMMISSIONER SHALL WORK WITH THE STATE EDUCATION DEPARTMENT AND ANY OTHER GOVERNMENTAL OR PRIVATE PROFESSIONAL ORGANIZATION RESPONSIBLE FOR THE LICENSURE, REGULATION, OR DISCIPLINE OF PRACTITIONERS, PHARMACISTS, AND OTHER PERSONS WHO ARE AUTHORIZED TO PRESCRIBE, ADMINISTER, OR DISPENSE CONTROLLED SUBSTANCES, FOR THE DEVEL- OPMENT OF A CONTINUING EDUCATION PROGRAM ABOUT THE PURPOSES AND USES OF THE ON-LINE CONTROLLED SUBSTANCE REPORTING SYSTEM ESTABLISHED BY THIS SECTION. THE ATTORNEY GENERAL SHALL WORK WITH THE DEPARTMENT OF CRIMINAL JUSTICE SERVICES FOR THE DEVELOPMENT OF A CONTINUING EDUCATION PROGRAM FOR LAW ENFORCEMENT OFFICERS ABOUT THE PURPOSES AND USES OF THE ELEC- TRONIC SYSTEM FOR MONITORING ESTABLISHED IN THIS SECTION. 8. RULES AND REGULATIONS. THE COMMISSIONER SHALL 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. 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.

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