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Sponsors
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History
- Referred to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to electronic prescribing software
In Assembly Committee · Higher Education · Sponsor Charles Lavine
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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;
(d) Requires electronic prescribing software to make available means to request a prior authorization approval and to receive prior authorization and step therapy criteria and approval electronically.
Section 2 adds a new § 6810(15) to the Education Law to cofidy the aforementioned provisions in the Education Law.
Section 3 provides the effective date.
Justification
Technology has continued to evolve and provide medical professionals with effective tools to administer first rate health care. E-prescribing software is an excellent example of how physicians are able to utilize this technology to improve patient care in a cost effective manner. Notably, under I-STOP (Chapter 447 of 2012) e-prescribing will become mandatory on December 31, 2014 , making this legislation even more pertinent.
Some entities that sell electronic prescribing software are attempting to influence physician prescribing via pop-up ads, instant messaging and other electronic means. Patient information including formularies, co-payment information and benefit information is also being used in marketing campaigns to influence health care professionals.
This legislation will prohibit the use these tactics and allow physicians to focus on the patient's relevant health information rather than receive distracting marketing messages.
Legislative history
S.2805 of 2014.
Fiscal implications
None to the state.
Effective date
Immediate.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.