What's happening
This bill allows health care practitioners to issue oral prescriptions for nursing home and residential facility patients as an exception to electronic prescription requirements.
Why it matters
Addresses practical barriers for vulnerable populations. By allowing oral prescriptions for patients in nursing homes and residential health care facilities, the bill recognizes that electronic prescribing can be difficult or delayed for these settings, potentially improving timely access to needed medications for residents.
Increases flexibility for health care practitioners. The amendment gives practitioners more options in urgent or complex care environments where electronic systems may be unavailable, unreliable, or not immediately accessible, supporting continuity of care.
Imposes a time-limited exception. The changes are temporary (expiring after two years), which allows the legislature to assess the impact and necessity of the exception before making it permanent, balancing patient care needs with electronic prescription policy goals.
Could affect oversight and safety protocols. Oral prescriptions may be harder to track and audit than electronic ones, raising considerations about medication safety, recordkeeping, and the potential for errors or misuse, especially in facilities with high-risk populations.
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Who cares
Headline styles
Ease E-Prescription Rules
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Substituted by A1034A
- Advanced to third reading
- 2nd report cal.
- 1st report cal.295
- 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.
Exempt Nursing Homes from E-Prescriptions
Vetoed · Sponsor Richard Gottfried
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4183
2019-2020 Regular Sessions
IN SENATE
March 4, 2019
Introduced by Sen. RIVERA -- 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 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:
(d) issued by a practitioner under circumstances where, notwithstanding the practitioner's present ability to make an electronic
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04033-05-9
S. 4183 2
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.
Sponsor's memo
Title of bill
An act to amend the public health law and the educa- tion law, in relation to exceptions to requirements for electronic prescriptions; and providing for the repeal of such provisions upon the expiration thereof
Purpose or general idea of bill
To require the mandatory electronic prescribing system accommodate the nursing home medication administration system for another two years.
Summary of specific provisions
Amend 281 of the Public Health Law to add nursing home oral prescriptions to the exemptions from the electronic prescription mandate.
Justification
Current law requires all prescriptions for both non-controlled and controlled substances be prescribed electronically. Since 2016, th e Department of Health has exempted nursing homes from the mandate, howev- er the existing waiver expires in March 24, 2019.
Physicians and nurse practitioners (NP) are not physically present in nursing homes 24 hours a day and resident's medical needs may a rise or change at any time. For decades, the nursing home medication adminis- tration system has allowed registered nurses, acting as an agent to the physician or NP, to take orders for medications to be delivered to resi- dents safely and without delay. In this long-standing system, the physi- cian or NP then routinely signs the oral order within 48 hours.
Recognizing the unique circumstance of nursing homes, the state has provided a waiver to the e-prescribing statute each year. This bill will extend the current waiver to March of 2021 in order to prompt the indus- try and Department to resolve the problem.
Prior legislative history
2017-2018: S8943 (Hannon)
Fiscal implications
None to the state.
Effective date
October 21, 2019 and shall expire October 31, 2021.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.