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Internet System for Tracking Over-Prescribing (I-STOP) Act

Senate Bill 7637/Assembly Bill 10623: Internet System for Tracking Over-Prescribing (I-STOP) Act - Passed June 11, 2012

Part A: Prescription Monitoring Program Registry

  • Requires Commissioner of Health to update the existing Prescription Monitoring Program (PMP) by establishing and maintaining a system for collecting, monitoring and reporting data regarding prescribing and dispensing controlled substances. Such system shall:
    • be secure and easily accessible by practitioners and pharmacists;
    • be compatible with e-scripts; and
    • provide “real-time” information reported by pharmacies about dispensed controlled substances.
  • Requires practitioners (some exceptions) to consult the registry prior to prescribing / dispensing Schedule II, III, or IV controlled substances.
  • Permits practitioners / pharmacists to authorize a qualified designee, subject to approval by the Commissioner, to consult the Registry on his / her behalf.
  • Provides practitioners / pharmacists who act reasonably and in good faith immunity from civil liability arising from any false, incomplete or inaccurate information submitted to or reported by the Registry or for any resulting failure of the system to accurately or timely report such information.
  • Permits individual access to their controlled substance histories pursuant to a process established by the Commissioner, and to seek correction of erroneous information.
  • Requires DOH to periodically analyze data contained in the Registry and provide information about potential violations of law or breaches of professional standards to the appropriate entities.
  • Requires the Commissioner to seek funds, as appropriate, from the federal government or other entities to support operation of the Registry; prohibits the imposition of fees on persons subject to the provisions of the Act as a source of operational funds for the Registry.
  • Permits the Commissioner to waive the “real-time” reporting requirement for pharmacies upon demonstrated economic hardship or other exceptional circumstances.
  • Permits DOH limited disclosure to certain designated recipients of information about dispensed controlled substance activity in order to facilitate public safety, public health (medical examiners and coroners) education and research, investigations of Medicaid Fraud.
  • If a crime related to the diversion of controlled substances appears to have been committed, DOH may notify the appropriate law enforcement agency and provide such information about the suspected criminal activity as reasonably appears to be necessary.

Part B: Electronic Prescribing

  • Requires the Commissioner of Health to promulgate regulations on or before December 31, 2012, establishing standards for electronic prescriptions for controlled and non-controlled substances that are feasible and lawful under federal law.
  • Provides that all prescriptions from practitioners to pharmacists (specific exceptions apply) made in NY on or after two years from that determination must be made by electronic transmission.

Part C: Controlled Substance Schedules

  • Makes hydrocodone, tapentadol, and oripavine Schedule II controlled substances.
  • Adds tramadol to Schedule IV.
  • Adds two substances (depressants), ezogabine and lacosamide, to Schedule V.

Part D: Prescription Pain Medication Awareness Program

  • Expands the functions of the Prescription Pain Medication Awareness Program and the related Workgroup (established in the 2012-13 State Budget). The Workgroup will be responsible for making recommendations on:
    • (1) continuing education for practitioner/pharmacists regarding pain management;
    • (2) protection and promotion of access of patients with a legitimate need for controlled substances;
    • (3) the implementation of the Prescription Monitoring Program provisions; and
    • (4) the inclusion of certain Schedule V substances in the consultation requirements of the Prescription Monitoring Program.
  • No later than September 1, 2012, the Commissioner of Health, in consultation with the Commissioners of OASAS, SED and State Board of Pharmacy shall appoint additional members to the Workgroup representing additional stakeholders including addiction treatment providers, consumer advocates, health care practitioners / providers, pharmacists / pharmacies, and law enforcement agencies.

Part E: Safe Disposal

  • Requires DOH to establish a program for the safe disposal of unused controlled substances by consumers including the anonymous surrender of controlled substances by members of the public without threat of prosecution for certain crimes of possession.

8/2012