What's happening
This bill allows health care practitioners to issue oral prescriptions for patients in nursing homes and residential health care facilities as an exception to electronic prescription requirements.
Why it matters
Addresses practical challenges in nursing homes. The bill recognizes that electronic prescriptions may not always be feasible in nursing homes or residential health care facilities, where technological or staffing limitations can cause delays in patient care.
Potentially improves speed of care. By allowing oral prescriptions from qualified health care practitioners in these settings, the bill aims to ensure that patients can receive necessary medications more quickly, which can be critical for acute or rapidly changing health conditions.
Limits the exception’s scope and timeframe. The exception is specifically tailored for nursing home and residential facility patients and is set to expire in 2021, suggesting the change is a temporary measure to assess its impact or address a specific, time-limited need.
Could impact medication safety and oversight. While increasing flexibility, the move from electronic to oral prescriptions might raise concerns about errors, record-keeping, and oversight, making it important for facilities to maintain clear communication and documentation practices.
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Who cares
Headline styles
Exempt Nursing Homes from E-Prescriptions
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Tabled
- Vetoed memo.135
- Delivered to governor
- Returned to assembly
- Passed senateVote 62–0
- 3rd reading cal.295
- Substituted for S4183
- Referred to health
- Delivered to senate
- Passed assembly
- Amended on third reading 1034a
- Advanced to third reading cal.20
Show 2 earlier actions
- Reported
- 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.
Ease E-Prescription Rules
Senate Floor Calendar · Sponsor Gustavo Rivera
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1034--A Cal. No. 20
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
Introduced by M. of A. GOTTFRIED, LUPARDO -- read once and referred to the Committee on Health -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading
AN ACT to amend the public health law and the education law, in relation to exceptions to requirements for electronic prescriptions; and providing for the repeal of such provisions upon the expiration thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs (d) and (e) of subdivision 3 of section 281 of the public health law, as amended by chapter 13 of the laws of 2015, are amended and a new paragraph (f) is added to read as follows:
(d) issued by a practitioner under circumstances where, notwithstanding the practitioner's present ability to make an electronic prescription as required by this subdivision, such practitioner reasonably determines that it would be impractical for the patient to obtain substances prescribed by electronic prescription in a timely manner, and such delay would adversely impact the patient's medical condition, provided that if such prescription is for a controlled substance, the quantity of controlled substances does not exceed a five day supply if the controlled substance were used in accordance with the directions for use; [or] (e) issued by a practitioner to be dispensed by a pharmacy located outside the state, as set forth in regulation[.]; or (f) issued as an oral prescription by an agent who is a health care practitioner, for patients in nursing homes and residential health care facilities under paragraph (b) of subdivision four of section sixty-eight hundred ten of the education law.
§ 2. Paragraphs (d) and (e) of subdivision 10 of section 6810 of the education law, as amended by chapter 13 of the laws of 2015, are amended and a new paragraph (f) is added to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04033-04-9
A. 1034--A 2
(d) issued by a practitioner under circumstances where, notwithstanding the practitioner's present ability to make an electronic prescription as required by this subdivision, such practitioner reasonably determines that it would be impractical for the patient to obtain substances prescribed by electronic prescription in a timely manner, and such delay would adversely impact the patient's medical condition, provided that if such prescription is for a controlled substance, the quantity that does not exceed a five day supply if the controlled substance was used in accordance with the directions for use; [or] (e) issued by a practitioner to be dispensed by a pharmacy located outside the state, as set forth in regulation[.]; or (f) issued as an oral prescription by an agent who is a health care practitioner, for patients in nursing homes and residential health care facilities under paragraph (b) of subdivision four of this section.
§ 3. This act shall take effect October 31, 2019 and shall expire and be deemed repealed on and after October 31, 2021.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.