New York A 1317: Allows prescriptions for controlled substances to be issued for greater than a thirty-day supply during a state of emergency

Bill Text

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A01317 Summary:

BILL NOA01317 

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SAME ASNo Same As

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SPONSORSimon

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COSPNSRDinowitz, Seawright, McDonough, DeStefano, Santabarbara, Williams, Kelles, Mikulin

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MLTSPNSR

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Amd §3332, Pub Health L

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Relates to allowing prescriptions for controlled substances that are normally restricted to a thirty-day supply to be issued for greater than a thirty-day supply during a state of emergency.

Go to top A01317 Actions:

BILL NOA01317 

&nbsp

01/09/2025referred to health

01/07/2026referred to health

Go to topA01317 Committee&nbspVotes:

Go to topA01317 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA01317 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1317

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 9, 2025
 ___________

 Introduced by M. of A. SIMON, DINOWITZ, SEAWRIGHT, McDONOUGH, DeSTEFANO,
 SANTABARBARA, WILLIAMS, KELLES, MIKULIN -- read once and referred to
 the Committee on Health

 AN ACT to amend the public health law, in relation to allowing
 prescriptions for controlled substances that are normally restricted
 to a thirty-day supply, to be issued for greater than a thirty-day
 supply during an emergency

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 3 of section 3332 of the public health law, as
 2 amended by chapter 178 of the laws of 2010, is amended to read as
 3 follows:
 4 3. (a) No such prescription shall be made for a quantity of controlled
 5 substances which would exceed a thirty day supply if the controlled
 6 substance were used in accordance with the directions for use specified
 7 on the prescription. A practitioner may, however, issue a prescription
 8 for up to a three month supply of a controlled substance provided that
 9 the controlled substance has been prescribed to treat one of the condi-
 10 tions that have been enumerated by the commissioner pursuant to regu-
 11 lations as warranting the prescribing of greater than a thirty day
 12 supply of a controlled substance and that the practitioner specifies the
 13 condition on the face of the prescription. No additional prescriptions
 14 for a controlled substance may be issued by a practitioner to an ulti-
 15 mate user within thirty days of the date of any prescription previously
 16 issued unless and until the ultimate user has exhausted all but a seven
 17 day supply of the controlled substance provided by any previously issued
 18 prescription. A practitioner may, however, issue a prescription for up
 19 to a six month supply of any substance listed in subdivision (h) of
 20 Schedule II of section thirty-three hundred six of this article provided
 21 that such substance has been prescribed to treat one of the conditions
 22 that have been enumerated by the commissioner pursuant to regulations as

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02573-01-5

 A. 1317 2

 1 warranting the prescribing of a six month supply and that the practi-
 2 tioner specifies the condition on the prescription or on the electronic
 3 prescription.
 4 (b) Notwithstanding the provisions of paragraph (a) of this subdivi-
 5 sion, during an emergency that interferes with patients readily obtain-
 6 ing prescription drugs from pharmacies, subject to regulations or orders
 7 of the commissioner, a practitioner may issue a prescription for a quan-
 8 tity of a controlled substance that would exceed a thirty-day supply if
 9 such prescription is consistent with a written treatment plan that
 10 follows generally accepted national, professional, or governmental
 11 guidelines, and the treatment plan is noted in the patient's medical
 12 record.
 13 § 2. This act shall take effect immediately.

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