Senate Bill S9401

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9401
 
                             I N  S E N A T E
 
                              March 10, 2026
                                ___________
 
 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,  in  relation  to  requiring  the
   department  of  health  to facilitate the exchange of data between the
   state prescription drug program and electronic health records

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (c)  of subdivision 1 of section 3343-a of the
 public health law, as added by section 2 of part A of chapter 447 of the
 laws of 2012, is amended to read as follows:
   (c) The registry shall be secure, easily accessible  by  practitioners
 and  pharmacists,  and  compatible  with  the electronic transmission of
 prescriptions for controlled substances,  as  required  by  section  two
 hundred  eighty-one of this chapter, and section sixty-eight hundred ten
 of the education law, and any regulations promulgated pursuant  thereto.
 To the extent practicable, implementation of the electronic transmission
 of  prescriptions  for  controlled  substances shall serve to streamline
 consultation  of  the  registry  by  practitioners  and   reporting   of
 prescription  information by pharmacists. The registry shall be interop-
 erable with other  similar  registries  operated  by  federal  or  state
 governments,  to  the extent deemed appropriate by the commissioner, and
 subject to the provisions of section thirty-three hundred  seventy-one-a
 of  this article. THE COMMISSIONER SHALL PROMULGATE REGULATIONS ALLOWING
 FOR ANY ELECTRONIC HEALTH RECORDS INTEGRATION  VENDOR  TO  OBTAIN  STATE
 APPROVAL  TO FACILITATE INTEROPERABILITY BETWEEN  THE PRESCRIPTION MONI-
 TORING PROGRAM REGISTRY AND CERTIFIED ELECTRONIC HEALTH RECORDS  SYSTEMS
 THAT  CAN  CONNECT  WITH  ANY  NATIONAL DATA SHARING HUB. SUCH APPROVALS
 SHOULD OPTIMIZE THE ABILITY OF PRESCRIBERS  AND  PHARMACISTS  TO  CHOOSE
 THEIR DESIRED INTEGRATION TECHNOLOGY AT NO ADDITIONAL COST TO THE STATE.
 SUCH INTEROPERABILITY SHALL:
   (I)  ENABLE  PRESCRIBERS  AND  PHARMACISTS  TO ACCESS THE PRESCRIPTION
 MONITORING PROGRAM REGISTRY DATA DIRECTLY THROUGH THEIR CERTIFIED  ELEC-
 TRONIC  HEALTH RECORDS SYSTEM OR PHARMACY DISPENSING SOFTWARE, INCLUDING
 VIA INTEGRATION TECHNOLOGY IN PLACE BETWEEN THE PRESCRIPTION  MONITORING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13297-03-5
 S. 9401                             2
 
 PROGRAM  REGISTRY OR NATIONAL DATA SHARING HUB AND THEIR CERTIFIED ELEC-
 TRONIC HEALTH RECORDS SYSTEM OR PHARMACY DISPENSING SOFTWARE;
   (II)  ENABLE PRESCRIBERS AND PHARMACISTS TO VISUALIZE THE PRESCRIPTION
 MONITORING PROGRAM REGISTRY DATA IN AN INTEGRATED MANNER;
   (III) MAINTAIN AN INFORMATION  SECURITY  PROGRAM  THAT  COMPLIES  WITH
 INDUSTRY-STANDARD  SECURITY  AND PRIVACY FRAMEWORKS; SPECIFICALLY, MAIN-
 TAIN A CURRENT SOC 2 TYPE II  ATTESTATION  PERFORMED  BY  A  THIRD-PARTY
 AUDITOR;  AND  MAINTAIN  HITRUST CSF CERTIFICATION OR DEMONSTRATE EQUIV-
 ALENT CONTROLS CONSISTENT WITH THE HITRUST FRAMEWORK;
   (IV) ENSURE SECURE TRANSMISSION AND ACCESS  TO  DATA  CONSISTENT  WITH
 APPLICABLE  STATE  AND  FEDERAL PRIVACY LAWS, INCLUDING, BUT NOT LIMITED
 TO, THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)  AND
 PARAGRAPH (D) OF THIS SUBDIVISION; AND
   (V) IN ORDER TO MAXIMIZE EFFICIENCY AND LIMIT COSTS, BE ENABLED TO THE
 GREATEST  EXTENT  POSSIBLE  THROUGH THE EXISTING PRESCRIPTION MONITORING
 PROGRAM TECHNOLOGY INFRASTRUCTURE.
   § 2. This act shall take effect immediately.