Assembly Bill A8628

2011-2012 Legislative Session

Relates to electronic prescribing software

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2011-A8628 (ACTIVE) - Details

See Senate Version of this Bill:
S6445
Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Amd §6810, Ed L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2552
2015-2016: A1165

2011-A8628 (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.

2011-A8628 (ACTIVE) - Bill Text download pdf 

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

                                  8628

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                           September 21, 2011
                               ___________

Introduced by M. of A. LAVINE -- read once and referred 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13447-01-1

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.