SECTION 1. Notwithstanding any general or special law to the contrary, Chapter 94C of the General Laws, as appearing in the 2008 Official Edition is hereby amended by inserting after Section 18 the following section:-

Section 18A. (a) As used in this section the following words shall, unless the context clearly requires 15 otherwise, have the following meanings:-

“Certified Electronic Health Record”, the health record that meets the requirements of a “qualified HER” and has been tested in accordance with the certification program established by the Office of the National Coordinator

“Commissioner”, the commissioner of the Department of Public Health

"E-prescribing", a transmission using electronic media of prescription or prescription-related information between a prescriber, dispenser, pharmacy benefit manager, or group purchaser, either directly or through an intermediary, including an e-prescribing network.

"E-prescribing system",  a system that provides for electronic prescribing in accordance with the Code of Federal Regulations title 42, part 423.

"Practitioner", a physician, dentist, nurse or other person duly authorized by law in the state in which they have the authority to prescribe drugs.

"Qualified EHR", an electronic record of health-related information on an individual that: (i) Includes patient demographic and clinical health information, such as medical history and problem lists; and (ii) Has the capacity: (a) To provide clinical decision support; (b) To support physician order entry; (c) To capture and query information relevant to health care quality; and (d) To exchange electronic health information with, and integrate such information from other resources.

(b) All practitioners involved in patient care shall establish and maintain an e-prescribing system as defined herein, by January 1, 2013, and have access to an e-prescribing in the location(s) where they practice; provided, however, if such a system is established in a licensed health care facility where the practitioner prescribes, the requirement of this section shall not apply.

The commissioner is authorized to promulgate rules and regulations in order to carry out the provisions of this section.

(c) Health insurers shall establish and maintain by January 1, 2013, drug formularies for Commonwealth subscribers in a standardized format for certified electronic health records and e-prescribing software to download for providers to access and at no cost to providers and electronic health record or e-prescribing vendors.

      SECTION 2. This act shall take effect upon passage.