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S7801Senate2015-2016 SessionSame asA10449

Authorizes a pharmacy receiving an electronic prescription for a non-controlled substance to transfer such prescription to another pharmacy, upon request of the patient

Sponsor Kemp HannonSD-6+1 co-sponsorAffects Health
Status
In Assembly Committee
Health
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Health

What's happening

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Who cares

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Sponsors

Primary sponsor
Kemp Hannon

Senator · Senate District 6

Chair, Health

1 Co-sponsor

History

  1. Referred to health
  2. Delivered to assembly
  3. Passed senateVote 61–0
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.1150
  7. Referred to health

Companion bill

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 authorizing a pharmacy receiving an electronic prescription for a non-controlled substance to transfer such prescription to another pharmacy

Purpose

To provide for the transfer of electronic prescriptions, to exempt electronic prescribing violations from Public Health Law § 12-b and to prohibit pharmacies from requesting prescription renewal in a manner inconsistent with current law.

Summary of provisions

Section one amends Public Health Law § 281 to provide that a pharmacy that receives an electronic prescription for a non-controlled substance may transfer such prescription to an alternative pharmacy at the request of the patient. This section also provides that violations of this section shall not be subject to the provisions of section 12-b of this chapter.

Section two amends Education Law § 6810 to similarly provide that a pharmacy may transfer an electronic prescription to an alternative pharmacy at the request of the patient and to exempt violations of this section from section 12-b of this chapter. This section also provides that a pharmacy shall not request a practitioner to renew a patient's prescription in a manner that is inconsistent with this section.

Section three provides that this act shall take effect immediately.

Justification

With electronic prescribing taking effect on March 27, 2016, both consumers, providers and pharmacies have raised concerns over whether and how electronic prescriptions can be transferred from one pharmacy to another. Should a pharmacy not have a particular drug, or should the patient find a better price elsewhere, they should have the ability to transfer their prescription to the pharmacy of their choice. This bill would expressly provide such statutory authority. This bill would also exempt e-prescribing violations from being subject to Public Health Law § 12-b, under which violators may be subject to fine and possibly imprisonment. This bill will also ensure that pharmacy forms regarding prescription renewals conform to current law in order to prevent any confusion as to how prescription refills should be submitted.

Legislative history

New bill.

Fiscal implications

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.