Health Law Wire: E-Prescribing Mandate (3/15)

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New York State Governor Andrew Cuomo signed an extender for the electronic prescription mandate late last week, pushing the compliance date to March 27, 2016. The law generally provides that “no person shall issue any prescription in this state unless such prescription is made by electronic prescription from the person issuing the prescription to a pharmacy in accordance with such regulatory standards.” (Senate 2486-2015, signed into law on March 13, 2015.)

As a result of this extension, physicians will have additional time to acquire necessary software and IT needed for compliance. In addition, hospitals, clinics, nursing homes and other providers will have additional time to develop the capability of having associated physicians order prescriptions electronically. Note that specific software and security requirements apply to the prescribing of controlled substances. These standards are found at the following site:

http://www.health.ny.gov/professionals/narcotic/electronic_prescribing/

This DOH website still has the old March 27, 2015 deadline posted. However, due to many system issues and lack of certified software programs, the Legislature provided for an extension.

Note that hospitals can register the facility’s certified Electronic Prescribing of Controlled Substance software application(s) with the Department of Health, Bureau of Narcotic Enforcement, online through the Health Commerce System (HCS). This new online application called ROPES, Registration for Official Prescriptions and E-prescribing Systems, can only be accessed by the HCS Coordinator for the hospital.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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