70.941 Resolving E-Prescribing Problem
The Medical Society of the State of New York (MSSNY) will urge the New York State Health Department’s Bureau of Narcotic Enforcement (BNE) to issue rules permitting physicians to prescribe via paper/fax/phone in situations where the patient needs to comparison shop among pharmacies and to make regulatory changes to enable pharmacies that do not have a particular medication in stock the ability to transmit the prescription to another pharmacy that has the needed medication in stock.
The Medical Society of the State of New York (MSSNY) will urge the AMA to work with the DEA and other appropriate federal agencies to enable the use of tokens in multiple care settings.
MSSNY will encourage member physicians to record incidents in which a patient is harmed by the law’s ban on prescribing via paper/phone/fax and provide that data showing evidence of patient harm which has occurred as a result of e-prescribing to MSSNY for its ongoing dialogue with the New York State Health Department’s Bureau of Narcotic Enforcement (BNE) and the New York State Legislature on e-prescribing issues.
MSSNY will support legislation which (1) removes the requirement that all paper/fax/phone prescriptions be reported to the BNE, allowing instead that the prescription be recorded in the patient’s medical record and (2) ensures that a physician not be subjected to criminal charges, or other ramifications from the Department of Health or the Department of Education for having written a medically appropriate paper prescription.
The NYS DOH BNE shall provide prescribers and patients with educational materials that satisfy the HIPAA requirement of knowing where electronic data goes, who can access it and why, and how it is used. (HOD 2016-115)
