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

                                 2552--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2013
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on  Higher  Education  --  committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law and 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 281 of the public health law is amended by adding a
new subdivision 7 to read as follows:
  7.   THE REGULATIONS PROMULGATED PURSUANT TO SUBDIVISION THREE OF THIS
SECTION SHALL PROVIDE THAT ALL ELECTRONIC PRESCRIBING SOFTWARE  USED  IN
THIS  STATE  INCLUDING, WITHOUT LIMITATION, ELECTRONIC PRESCRIBING SOFT-
WARE FOR WHICH PRESCRIBERS 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04350-04-3

              

A. 2552--A                          2

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. Section 6810 of the education law is  amended  by  adding  a  new
subdivision 14 to read as follows:
  14.    THE REGULATIONS PROMULGATED PURSUANT TO SUBDIVISION TEN OF THIS
SECTION SHALL PROVIDE THAT ALL ELECTRONIC PRESCRIBING SOFTWARE  USED  IN
THIS  STATE  INCLUDING, WITHOUT LIMITATION, ELECTRONIC PRESCRIBING SOFT-
WARE FOR WHICH PRESCRIBERS 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 3. This act shall take effect immediately.