3/27/13 N.Y. St. Reg. HLT-03-13-00005-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 910.2 of Title 10 NYCRR.
Statutory authority:
Public Health Law, section 281(2)
Subject:
Language Assistance and Official New York State Prescription Form Requirements.
Purpose:
To change the Official New York State Prescription Form to indicate whether an individual is limited in English proficiency.
Text or summary was published
in the January 16, 2013 issue of the Register, I.D. No. HLT-03-13-00005-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Katherine Ceroalo, DOH, Bureau of House Counsel, Reg. Affairs Unit, Room 2438, ESP Tower Building, Albany, NY 12237, (518) 473-7488, email:
regsqna@health.state.ny.usAssessment of Public Comment
Public comments were submitted to the NYS Department of Health (DOH) in response to this regulation. The public comment period for this regulation ended on March 4, 2013. DOH received two comments. These comments and DOH’s responses are summarized below:
1. COMMENT: A comment received from Hinman Straub, P.C. indicated that proposed changes to the Official New York State Prescription form, under this proposed regulation, did not raise any concerns. Comments provided by Hinman Straub, P.C. were centered on the obligations of the dispensing pharmacy when a prescriber indicates that the patient is limited in English proficiency and the lack of any guidance or requirements in the proposed regulations for pharmacies to respond to a prescription indicating that the patient is limited in English proficiency.
RESPONSE: Concerns related to the requirements to respond to a prescription indicating a patient is limited in English proficiency are not addressed under this regulation but it is expected that these concerns will be addressed in regulations to be proposed by the State Education Department in compliance with Section 6829 of the Education Law.
2. COMMENT: One comment was on behalf of the SAFE Rx Coalition and was in support of the proposed changes to the Official New York State Prescription form.
Since both comments to this proposed regulation were supportive, no changes were made to the proposed regulation.
