NY Pub Health L § 281 (2021)
2021 New York Laws PBH - Public Health Article 2-A - Prescription Drugs Title 3 - Prescription Forms, Electronic Prescribing and Language Assistance 281 - Official New York State Prescription Forms.

§  281.  Official New York state prescription forms. 1. In addition to the requirements of section sixty-eight hundred ten of the education law or article thirty-three of this chapter, all  prescriptions  written  in this  state  by  a  person  authorized  by  this  state  to  issue  such prescriptions  shall  be  on  serialized   official   New   York   state prescription  forms  provided  by  the  department.  Such forms shall be furnished to practitioners authorized  to  write  prescriptions  and  to institutional    dispensers,   and   shall   be   non-reproducible   and non-transferable.   The   commissioner,   in   consultation   with   the commissioner  of education, may promulgate emergency regulations for the electronic transmission of prescriptions from prescribers to pharmacists or for ordering and  filling  requirements  of  prescription  drugs  for prescriptions  written  for  recipients  eligible for medical assistance pursuant to title eleven of article five of the social services law, for participants  in  the  program  for  elderly  pharmaceutical   insurance coverage pursuant to title three of article two of the elder law and for prescriptions  written pursuant to article thirty-three of this chapter. Nothing in this section shall prohibit the commissioner in  consultation with  the  commissioner  of  education  from promulgating any additional emergency regulations in furtherance of this subdivision.   2.  The  commissioner,  in  consultation  with  the  commissioner   of education,  shall  promulgate  regulations  requiring  that prescription forms and  electronic  prescriptions  include:  (a)  a  section  wherein prescribers  may  indicate  whether  an  individual  is  limited English proficient, as defined in section sixty-eight hundred twenty-nine of the education law; and (b) if the patient is limited English  proficient,  a line  where  the prescriber may specify the preferred language indicated by the patient. Failure to include such indication on the  part  of  the prescriber shall not invalidate the prescription.   3.  On  or  before  December  thirty-first,  two  thousand twelve, the commissioner shall promulgate  regulations,  in  consultation  with  the commissioner   of   education,  establishing  standards  for  electronic prescriptions. Notwithstanding any other provision of  this  section  or any  other  law to the contrary, effective three years subsequent to the date on which such regulations are promulgated, no  person  shall  issue any  prescription  in  this  state  unless  such prescription is made by electronic prescription from the person issuing the  prescription  to  a pharmacy  in  accordance  with  such  regulatory  standards,  except for prescriptions: (a) issued by veterinarians; (b) issued in  circumstances where   electronic   prescribing  is  not  available  due  to  temporary technological or electrical failure, as set  forth  in  regulation;  (c) issued  by practitioners who have received a waiver or a renewal thereof for a specified period determined by the commissioner, not to exceed one year, from the requirement to use electronic prescribing, pursuant to  a process  established  in regulation by the commissioner, in consultation with  the  commissioner  of  education,  due   to   economic   hardship, technological  limitations that are not reasonably within the control of the practitioner, or other exceptional circumstance demonstrated by  the practitioner;  (d)  issued  by a practitioner under circumstances where, notwithstanding the practitioner's present ability to make an electronic prescription  as  required  by  this  subdivision,   such   practitioner reasonably  determines  that  it would be impractical for the patient to obtain substances prescribed by  electronic  prescription  in  a  timely manner,  and  such  delay  would  adversely impact the patient's medical condition, provided that  if  such  prescription  is  for  a  controlled substance,  the quantity of controlled substances does not exceed a five day supply if the controlled substance were used in accordance with  the  directions for use; or (e) issued by a practitioner to be dispensed by a pharmacy located outside the state, as set forth in regulation.   3-a.  A  pharmacy  that  receives  an electronic prescription from the person issuing the prescription may, if the prescription  has  not  been dispensed  and  at  the request of the patient or a person authorized to make the request on behalf  of  the  patient,  immediately  transfer  or forward  such  prescription to an alternative pharmacy designated by the requesting party.   4. In the case of a prescription for a controlled substance issued  by a practitioner under paragraph (b) of subdivision three of this section, the  practitioner shall indicate in the patient's health record that the prescription was issued  other  than  electronically  due  to  temporary technological or electrical failure.   5.  In the case of a prescription for a controlled substance issued by a practitioner under paragraph (d) or (e) of subdivision three  of  this section,   the  practitioner  shall,  upon  issuing  such  prescription, indicate in the patient's health record either that the prescription was issued other than electronically because it (a) was impractical to issue an electronic prescription in a timely manner and such delay would  have adversely  impacted  the  patient's  medical condition, or (b) was to be dispensed by a pharmacy located outside the state.   6. The waiver process established in regulation pursuant to  paragraph (c)   of  subdivision  three  of  this  section  shall  provide  that  a practitioner prescribing under a waiver must notify  the  department  in writing   promptly   upon  gaining  the  capability  to  use  electronic prescribing, and that a waiver shall terminate within a specified period of time after the practitioner gains such capability.   * 7. Notwithstanding any other provision of this section or any  other law  to  the  contrary,  a  practitioner  shall not be required to issue prescriptions electronically if he or she certifies to  the  department, in  a  manner specified by the department, that he or she will not issue more than  twenty-five  prescriptions  during  a  twelve  month  period. Prescriptions  in  both  oral  and  written  form  for  both  controlled substances  and  non-controlled  substances   shall   be   included   in determining whether the practitioner will reach the limit of twenty-five prescriptions.  (a)  A certification shall be submitted in advance of the twelve-month certification period, except that a twelve-month certification submitted on  or  before  July  first,  two  thousand  sixteen,  may  begin  March twenty-seven, two thousand sixteen.  (b) A practitioner who has made a certification under this subdivision may  submit  an  additional certification on or before the expiration of the current twelve-month certification period, for a  maximum  of  three twelve-month certifications.  (c)  A  practitioner  may  make a certification under this subdivision regardless of whether he or she has previously received a  waiver  under paragraph (c) of subdivision three of this section.   * NB Repealed June 1, 2023