Senate Bill S6445

2011-2012 Legislative Session

Relates to electronic prescribing software

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education 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

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2011-S6445 (ACTIVE) - Details

See Assembly Version of this Bill:
A8628
Current Committee:
Senate 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-S6445 (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-S6445 (ACTIVE) - Sponsor Memo

2011-S6445 (ACTIVE) - Bill Text download pdf 

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

                                  6445

                            I N  S E N A T E

                            February 9, 2012
                               ___________

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 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
  (D) MAKE AVAILABLE MEANS TO REQUEST A PRIOR AUTHORIZATION APPROVAL AND
RECEIVE PRIOR AUTHORIZATION AND STEP THERAPY CRITERIA AND APPROVAL ELEC-
TRONICALLY  ON  THE  DAY THE PRESCRIPTION IS ISSUED AS ESTABLISHED VIA A
STANDARDIZED FORMAT TO BE CREATED BY THE BOARD OF PHARMACY.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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