NY I-Stop Law Starts Today! Read More to Make Sure You Are Registered
Posted almost 12 years ago by Carmen Saunders
New York State will launched a key component to stop one of the few causes of death that is rising rapidly in America: I-STOP, the Internet System for Tracking Over Prescribing. New York State will require all prescribers to consult a patient's medical history before writing a prescritption on the PMP or Patient Monitoring Program Registry accessible via the HCM or Health Commerce System, follow the link below to find out more:
More on the legal implications below:
PHYSICIAN LEGAL ALERT:
“I-STOP” MANDATES SEVERE PENALTIES FOR NONCOMPLIANCE IN NEW YORK
By: Michael J. Schoppmann, Esq.
NOTE: The New York State adopted the proposed regulations on June 21, 2013. No changes were made to the proposed regulations, and they were adopted as proposed.
Developed through the offices of New York State Attorney General Eric T. Schneiderman, a new law1 has been passed by the State Legislature and signed by Governor Cuomo that would “exponentially enhance the effectiveness of New York’s existing PMP to increase detection of prescription fraud and drug diversion.” 2
Developed through the offices of New York State Attorney General Eric T. Schneiderman, a new law1 has been passed by the State Legislature and signed by Governor Cuomo that would “exponentially enhance the effectiveness of New York’s existing PMP to increase detection of prescription fraud and drug diversion.” 2
The Internet System for Tracking Over-Prescribing Act, (I-STOP), establishes an on-line, real-time, controlled substance reporting system that requires prescribers (including physicians) to consult the prescription monitoring registry prior to prescribing or dispensing Schedule II,III or IV Controlled Substances. In addition, pharmacists, who did not previously have access to the registry, as a result of I-STOP will have access to the registry in order to review the controlled substance history of an individual for whom one or more prescriptions for controlled substances are presented to the pharmacist.
“I-STOP”
Requires the Department of Health to establish and maintain an on-line, real-time controlled substance reporting system to track the prescription and dispensing of controlled substances;
Requires practitioners to review a patient's controlled substance prescription history on the system prior to prescribing;
- A practitioner may authorize a designee to consult the registry on his or her behalf, provided that the practitioner takes reasonable steps to ensure that the designee is sufficiently competent to use the registry, and the practitioner remains ultimately responsible to ensure that the registry is used for authorized purposes and is used in a manner that protects the confidentiality of the information obtained from the registry;
- A practitioner is not required to consult the registry prior to administering a controlled substance.
- There are a number of exceptions whereby the duty to consult the registry does not apply, such as (A) it is not reasonably possible to access the registry in a timely manner; (B) no other practitioner or designee who is authorized to access the registry is reasonably available; and (C) the quantity of the controlled substance prescribed does not exceed a 5 day supply (regulations of the NYS DOH will provide more specific information regarding the exceptions);
- The duty to consult the registry does not apply to Schedule V Controlled Substances.
Unknown to most physicians, the New York Department of Health (NYDOH) already maintains an on-line database accessible to the 49,000 DEA-licensed practitioners throughout New York known as the Prescription Monitoring Program (PMP). In fact, only 3,600 prescribers have ever accessed the PMP to obtain patient information. Moving forward, NY DOH will update the current PMP in an attempt to increase participation, however, compliance with I-STOP is not being delayed pending that update to the PMP.
However, what is being overlooked by most practicing physicians who seek to comply with I-STOP is that they must first have an active “Health Commerce Account” with The State of New York, Department of Health’s Health Commerce System. Physicians seeking to establish such an account must go to:
Given that electronic prescribing will be mandatory for all physicians as of December 31, 2014, coupled with the incredible magnitude of this issue (termed an “epidemic” by Gov. Cuomo and Attorney General Schneiderman) every physician throughout New York should take immediate note of their prescribing protocols and begin whatever process is necessary to comply with the law and maintain that compliance without fail or exception.
Painkiller overdoses nationwide killed nearly 15,000 people in 2008. In New York, the number of prescriptions for all narcotic painkillers has increased from 16.6 million in 2007 to nearly 22.5 million in 2010 - prescriptions for hydrocodone have increased 16.7 percent, while those for oxycodone have increased an astonishing 82 percent. In New York City, the rate of prescription pain medication misuse among those age 12 or older increased by 40 percent from 2002 to 2009, with nearly 900,000 oxycodone prescriptions and more than 825,000 hydrocodone prescriptions filled in 2009
Report of the New York State Office of the Attorney General, “internet System for Tracking Over-Prescribing (I-STOP)”
Of significant note, the duty for physicians to comply is strict and mandatory, carrying severe potential penalties for any failure to comply, including but not limited to, loss of license, civil penalties and/or criminal charges. To avoid the possibility of such dire events, plans for compliance with I-STOP must be built, implemented and adhered to immediately, and without fail, by every physician throughout New York.
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1Chapter 447 of the laws of 2012 became effective August 27, 2012. The duty of physicians and other practitioners to consult the prescription monitoring program registry is found at Public Health Law 3343-a, and becomes effective August 27, 2013.
1Chapter 447 of the laws of 2012 became effective August 27, 2012. The duty of physicians and other practitioners to consult the prescription monitoring program registry is found at Public Health Law 3343-a, and becomes effective August 27, 2013.
2Report of the New York State Office of the Attorney General, “internet System for Tracking Over-Prescribing (I-STOP)”
Kern Augustine Conroy & Schoppmann, P.C., Attorneys to Health Professionals,www.DrLaw.com, is solely devoted to the representation of physicians and other health care professionals. Mr. Schoppmann may be contacted at 1‐800‐445‐0954 or via email at MSchoppmann@DrLaw.com.