2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 137 - Pharmacy › 6807 - Exempt Persons; Special Provisions.

§ 6807. Exempt persons; special provisions. 1.  This article shall not
be construed to affect or prevent:
a.  Unlicensed  assistants  from being employed in licensed pharmacies
for purposes other than the practice of pharmacy;
b. Any physician, dentist, veterinarian or other licensed health  care
provider  legally  authorized to prescribe drugs under this title who is
not the owner of a pharmacy or who is not in the employ of  such  owner,
from  supplying  his patients with such drugs as the physician, dentist,
veterinarian or other licensed health care provider  legally  authorized
to  prescribe drugs under this title deems proper in connection with his
practice, provided, however, that all such drugs shall be dispensed in a
container labeled with  the  name  and  address  of  the  dispenser  and
patient, directions for use, and date of delivery, and in addition, such
drug  shall bear a label containing the proprietary or brand name of the
drug and, if applicable, the strength of the contents, unless the person
issuing the prescription specifically states on the prescription in  his
own  handwriting,  that  the  name  of the drug and the strength thereof
should not appear on the label; provided further that if such drugs  are
controlled   substances,   they  shall  be  dispensed  pursuant  to  the
requirements of article thirty-three of the public health law;
c. Any merchant from selling proprietary medicines, except those which
are poisonous, deleterious or habit forming, or  materials  and  devices
specifically  exempted by regulations of the department or by the public
health law;
d. Any personnel in an  institution  of  higher  learning  from  using
prescription-required  drugs  on  the  premises for authorized research,
experiments  or  instruction,  in  accordance  with   the   department's
regulations  and, if such drugs are controlled substances, in accordance
with title III of article thirty-three of the public health law; or
e.  The  necessary  and  ordinary  activities  of  manufacturers   and
wholesalers,  subject  to  the provisions of article thirty-three of the
public health law.
2.  a. Notwithstanding the provisions of paragraph  b  of  subdivision
one of this section, no prescriber who is not the owner of a pharmacy or
who  is  not  in  the  employ  of  such  owner, may dispense more than a
seventy-two hour supply of drugs, except for:
(1) persons practicing in hospitals as defined in section twenty-eight
hundred one of the public health law;
(2) the dispensing of drugs at no charge to their patients;
(3) persons whose practices are situated ten  miles  or  more  from  a
registered pharmacy;
(4)  the  dispensing of drugs in a clinic, infirmary or health service
that is operated by or affiliated with a post-secondary institution;
(5) persons licensed pursuant to article one  hundred  thirty-five  of
this title;
(6)  the  dispensing  of  drugs  in  a medical emergency as defined in
subdivision six of section sixty-eight hundred ten of this article;
(7) the  dispensing  of  drugs  that  are  diluted,  reconstituted  or
compounded by a prescriber;
(8) the dispensing of allergenic extracts; or
(9)  the  dispensing  of  drugs  pursuant  to  an  oncological or AIDS
protocol.
b. The commissioner, in consultation with the commissioner of  health,
may  promulgate  regulations  to  implement this subdivision and may, by
regulation, establish additional renewable exemptions for a  period  not
to  exceed  one  year  from  the  provisions  of  paragraph  a  of  this
subdivision.
3. A pharmacist  may  dispense  drugs  and  devices  to  a  registered
professional  nurse, and a registered professional nurse may possess and
administer, drugs  and  devices,  pursuant  to  a  non-patient  specific
regimen prescribed or ordered by a licensed physician or certified nurse
practitioner,  pursuant  to  regulations promulgated by the commissioner
and the public health law.