Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to health |
Jan 23, 2013 |
referred to health |
Senate Bill S2805
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Health 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
Actions
2013-S2805 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A2552
- Current Committee:
- Senate Health
- Law Section:
- Public Health Law
- Laws Affected:
- Amd §281, Pub Health L; amd §6810, Ed L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A8628
2015-2016: S604, A1165
2013-S2805 (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.
2013-S2805 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2805 TITLE OF BILL: An act to amend the public health law and the education law, in relation to electronic prescribing software PURPOSE: This legislation will prohibit certain practices aimed at influencing prescribers and pharmacies using electronic prescribing software. SUMMARY OF PROVISIONS: Section 1 adds a new § 281(7) to the Public Health Law that: (a) Restricts information transmitted through electronic prescribing software to only information consistent with the product label and/or information supported by scientific evidence that meets federal Food and Drug Administration requirements for advertising pharmaceutical products, as well as facts from a review article or editorial comment in a major peer reviewed professional journal; (b) Prohibits advertisements, the use of instant messaging, and pop up ads to influence the prescriber; (c) Prohibits the use of a patient's formulary, co payment, or benefit plan to influence the prescriber;
2013-S2805 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2805 2013-2014 Regular Sessions I N S E N A T E January 23, 2013 ___________ Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Health 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 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. LBD04350-03-3
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