E-Prescribing: NYSHFA Meets with the NYS Bureau of Narcotic Enforcement (BNE)

Esq. Stephen B. Hanse and Nancy Leveille in Clinical & Quality

NYSHFA staff met with Josh Vinciguerra, Bureau Director, BNE and his staff on Monday, November 23 to discuss SNF and Assisted Living issues that remain on implementing E-Prescribing. NYSHFA has been working with the medical directors from NYMDA, the consultant pharmacist group, MSSNY, HANYS and LeadingAge NY to assess our current issues and propose solutions. We discussed data from our recent facility surveys and focused groups on implementation status and current trended barriers. We requested that they consider the following recommendations:

  1. To allow an exemption, like the hospitals have, for SNF/AL who have in-house medical orders for their non-controlled substance orders
  2. To allow the nurse to be the agent of the physician as allowed in NY EDN Law 6810 and the NYS Nurse Practice Act

We stressed critical Patient Safety issues that we forecast will occur and the unintended consequences if we do not have some resolution to our issues.

The BNE noted that they are ready to release the one year renewable institutional Waivers for the specific reasons noted in the law. We discussed that we expected those over a year ago, and this would only be a potential temporary solution.

The BNE staff do not have a good understanding that the physicians are only in the SNF a few hours a day and usually have a private practice that they are also managing.  They did not seem to fully comprehend how the physician on call systems work. Therefore, we again emphasized the role of the Nurse as the key player in this system/process as the physician agent and authorized by law and the nurse practice act to participate as such.

In addition, we also addressed the facilities who have no EMR or money to purchase a standalone E-prescribing system with this unfunded mandate.

NYSHFA and the team will continue to pursue these options with the legislators. However, the March 27, 2015 date will not change and we continue to strongly suggest members educate your staff and physicians on your system, if you have one, as soon as possible. Others look at the options you may have with a standalone vendor product or work with your vendor pharmacy to see if they have an E-Prescribing product for you.


Nancy Leveille, RN, MS
Sr. Director, Member Operational Support
518-462-4800 x20

Stephen B. Hanse
VP & Counsel
518-462-4800 x25