Morris M. Auster, Esq.                                      Division of Governmental Affairs

Senior Vice President/                                                  MEMORANDUM  IN  OPPOSITION
Chief Legislative Counsel   

ON SENATE FLOOR                                    S.4296 (LAVALLE) 

AN ACT to amend the education law, in relation to including nurse  practitioners as a provider of services for purposes of collaborative drug therapy management; and to amend chapter 21 of the laws of 2011 amending  the  education law relating to authorizing pharmacists to perform collaborative drug  therapy  management  with  physicians  in  certain settings,  in relation to making the authorization for pharmacists to perform collaborative drug therapy management permanent 

This bill would amend the education law to make permanent and greatly expand the existing physician-pharmacist collaborative drug therapy program.  The Medical Society of the State of New York supports this legislation. 

The current collaborative drug therapy law was originally established in a 2011 with a “sunset date” in 2015, and was extended by the State Legislature to continue until 2018. While many physicians believe that these programs, if structured properly, can be helpful to managing the treatment of a patient, this legislation would go much further than the existing demonstration program by permitting nurse practitioners to enter into these protocols as well.   We are concerned that there has been no demonstration within a specific care setting in New York, such as in a hospital, that nurse practitioners have the sufficient pharmacology background to successfully work with pharmacists on managing patient medications on a large scale basis as is contemplated in this proposal.  By contrast, physician-pharmacist CDTM protocols were studied extensively following the enactment of New York’s law, which led to the Legislature extending the existing program in 2015.  As such, it would be premature to now add Nurse Practitioners. 

For all of the reasons stated above, we urge that this measure be defeated. 

Respectfully submitted,



MMA - oppose