Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Oct 14, 2011 |
signed chap.590 |
Oct 04, 2011 |
delivered to governor |
Jun 15, 2011 |
returned to assembly passed senate 3rd reading cal.594 substituted for s4245 |
Jun 15, 2011 |
substituted by a3334 |
May 16, 2011 |
advanced to third reading |
May 11, 2011 |
2nd report cal. |
May 10, 2011 |
1st report cal.594 |
Mar 24, 2011 |
referred to higher education |
Senate Bill S4245
Signed By Governor2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A3334 - Signed by Governor
- 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
Actions
Votes
co-Sponsors
(R, C, IP) Senate District
(D, WF) 28th Senate District
(D, WF) Senate District
(R, C, IP) Senate District
2011-S4245 (ACTIVE) - Details
2011-S4245 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4245 TITLE OF BILL: An act to amend the education law, in relation to electronic prescriptions and generic substitution PURPOSE OF GENERAL IDEA OF BILL: To clarify the means by which physicians and other authorized prescribers should transmit prescriptions electronically, particularly with respect to provisions relating to the prescription of brand name drugs. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill adds a new subdivision 23 to Section 6802 of the Education Law to define "electronic prescription" and "electronic signature." Section 2 allows for the use of electronic prescriptions and clarifies how a prescriber's electronic signature is used to validate an electronic prescription and indicate whether a prescription is to be "dispensed as written." JUSTIFICATION: It is important to ensure that current law governing prescriptions keeps pace with the increased use of electronic
2011-S4245 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4245 2011-2012 Regular Sessions I N S E N A T E March 24, 2011 ___________ Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, in relation to electronic prescriptions and generic substitution THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 6802 of the education law is amended by adding a new subdivision 23 to read as follows: 23. "ELECTRONIC PRESCRIPTION" MEANS A PRESCRIPTION CREATED, RECORDED, OR STORED BY ELECTRONIC MEANS; ISSUED WITH AN ELECTRONIC SIGNATURE; AND TRANSMITTED BY ELECTRONIC MEANS, IN ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER AND APPLICABLE REGULATIONS OF THE COMMISSIONER OF HEALTH AND FEDERAL REGULATIONS; PROVIDED, HOWEVER, THAT AN ORIGINAL HARD COPY PRESCRIPTION THAT IS CREATED ELECTRONICALLY OR OTHERWISE MAY BE TRANS- MITTED FROM THE PRESCRIBER TO THE PHARMACIST BY FACSIMILE AND MUST BE MANUALLY SIGNED. "ELECTRONIC" MEANS OF OR RELATING TO TECHNOLOGY HAVING ELECTRICAL, DIGITAL, MAGNETIC, WIRELESS, OPTICAL, ELECTROMAGNETIC, OR SIMILAR CAPABILITIES. "ELECTRONIC SIGNATURE" MEANS AN ELECTRONIC SOUND, SYMBOL, OR PROCESS, ATTACHED TO OR LOGICALLY ASSOCIATED WITH AN ELEC- TRONIC PRESCRIPTION AND EXECUTED OR ADOPTED BY A PERSON WITH THE INTENT TO SIGN THE PRESCRIPTION, IN ACCORDANCE WITH REGULATIONS OF THE COMMIS- SIONER AND APPLICABLE REGULATIONS OF THE COMMISSIONER OF HEALTH AND FEDERAL REGULATIONS. S 2. Paragraph (a) of subdivision 6 of section 6810 of the education law, as amended by chapter 649 of the laws of 1993, is amended to read as follows: (a) Every prescription written in this state by a person authorized to issue such prescription shall be on prescription forms containing one line for the prescriber's signature. The prescriber's signature shall validate the prescription. EVERY ELECTRONIC PRESCRIPTION SHALL PROVIDE FOR THE PRESCRIBER'S ELECTRONIC SIGNATURE, WHICH SHALL VALIDATE THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05379-01-1
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