2023 New York Laws › EDN - Education › Title 8 - The Professions › Article 137 - Pharmacy › 6810 - Prescriptions.

§ 6810. Prescriptions. 1. No drug for which a prescription is required
by  the  provisions of the Federal Food, Drug and Cosmetic Act or by the
commissioner of health shall be distributed or dispensed to  any  person
except  upon  a  prescription  written by a person legally authorized to
issue such prescription. Such drug shall be compounded or dispensed by a
licensed pharmacist,  and  no  such  drug  shall  be  dispensed  without
affixing  to  the  immediate  container  in  which  the  drug is sold or
dispensed a label bearing the name and  address  of  the  owner  of  the
establishment in which it was dispensed, the date compounded, the number
of  the  prescription  under  which  it  is recorded in the pharmacist's
prescription files, the name of the prescriber, the name and address  of
the  patient,  and the directions for the use of the drug by the patient
as given upon the prescription. All labels shall conform to  such  rules
and  regulations  as promulgated by the commissioner pursuant to section
sixty-eight hundred twenty-nine of this  article.  The  prescribing  and
dispensing of a drug which is a controlled substance shall be subject to
additional  requirements  provided in article thirty-three of the public
health law. The words "drug" and "prescription required drug" within the
meaning of this article shall not be construed to include soft  or  hard
contact  lenses,  eyeglasses,  or  any  other  device  for  the  aid  or
correction of vision.  Nothing  in  this  subdivision  shall  prevent  a
pharmacy  from furnishing a drug to another pharmacy which does not have
such drug in stock for the purpose of filling a prescription.
2. (a) A prescription may not be refilled unless it bears  a  contrary
instruction  and  indicates  on  its  face the number of times it may be
refilled. A prescription may not be refilled more times than allowed  on
the  prescription.  The  date of each refilling must be indicated on the
original prescription. Prescriptions for controlled substances shall  be
refilled only pursuant to article thirty-three of the public health law.
A   pharmacy  registered  with  the  department  pursuant  to  section
sixty-eight hundred eight or sixty-eight hundred eight-b of this article
may not deliver a new or refilled prescription off premises without  the
consent  of  the  patient  or an individual authorized to consent on the
patient's behalf. For the purposes  of  this  section,  consent  may  be
obtained  in  the  same  manner  and  process by which consent is deemed
acceptable under the federal Medicare Part D program.
(b) Pharmacy providers  who  deliver  medication  without  patient  or
authorized  individual  consent will be required to accept the return of
the medication from the patient, provide that  patient  credit  for  any
charges  they  may  have  paid,  and  will  be required to destroy those
medications  sent  without  consent  on  delivery  in  accordance   with
applicable  state  and  federal  law.  Nothing  in this section shall be
deemed to  interfere  with  the  requirements  for  refill  reminder  or
medication  adherence  programs.  Nothing in this section is intended to
apply to long-term care pharmacy dispensing and delivery.
3. A copy of a prescription for a controlled substance  shall  not  be
furnished   to  the  patient  but  may  be  furnished  to  any  licensed
practitioner authorized to write  such  prescription.  Copies  of  other
prescriptions shall be furnished to the patient at his request, but such
copies  are  issued  for  the  informational purposes of the prescribers
only, and shall be so worded.
4. (a) Oral prescriptions for controlled substances  shall  be  filled
pursuant  to article thirty-three of the public health law. A pharmacist
may fill an oral prescription  for  a  drug,  other  than  a  controlled
substance, made by a practitioner legally authorized to prescribe drugs.
An  oral  authorization  for  the refill of a prescription, other than a
prescription for a controlled substance, may be made by  a  practitioner
legally  authorized  to  prescribe  drugs. The pharmacist receiving such

oral authorization for the refill of a prescription shall write  on  the
reverse  side  of  the original prescription the date, time, and name of
the practitioner authorizing the refill of  the  prescription.  An  oral
prescription  or  an oral authorization for the refill of a prescription
for the drug, other than a controlled substance, may be communicated  by
an  employee  of  the  prescribing  practitioner; provided, however, the
pharmacist shall:
(i) contemporaneously reduce such prescription to writing;
(ii)  dispense  the  substance  in  conformity   with   the   labeling
requirements applicable to a written prescription; and
(iii)  make  a  good faith effort to verify the employee's identity if
the employee is unknown to the pharmacist.
(b) Oral prescriptions for  patients  in  general  hospitals,  nursing
homes,   residential  health  care  facilities  as  defined  in  section
twenty-eight hundred one of the public health law, hospitals as  defined
in  subdivision  ten  of  section  1.03  of  the  mental hygiene law, or
facilities  operated  by  the  office  for  people  with   developmental
disabilities, may be communicated to a pharmacist serving as a vendor of
pharmaceutical services based upon a contractual arrangement by an agent
designated  by  and  under  the  direction  of  the  prescriber  or  the
institution. Such agent shall be a health  care  practitioner  currently
licensed and registered under this title.
5. Records of all prescriptions filled or refilled shall be maintained
for  a period of at least five years and upon request made available for
inspection and copying by  a  representative  of  the  department.  Such
records  shall  indicate  date  of  filling or refilling, doctor's name,
patient's name and address and the name or initials  of  the  pharmacist
who  prepared,  compounded,  or  dispensed  the prescription. Records of
prescriptions for controlled substances shall be maintained pursuant  to
requirements of article thirty-three of the public health law.
6. (a) Every prescription written in this state by a person authorized
to issue such prescription shall be on prescription forms containing one
line  for  the  prescriber's signature. The prescriber's signature shall
validate the prescription. Every electronic prescription  shall  provide
for  the  prescriber's  electronic  signature,  which shall validate the
electronic prescription. Imprinted conspicuously on  every  prescription
written  in  this state in eight point upper case type immediately below
the signature line shall be the words: "THIS PRESCRIPTION WILL BE FILLED
GENERICALLY UNLESS PRESCRIBER WRITES 'd a w' IN THE BOX  BELOW".  Unless
the  prescriber  writes  d  a  w  in  such  box  in the prescriber's own
handwriting or, in the case  of  electronic  prescriptions,  inserts  an
electronic  direction  to dispense the drug as written, the prescriber's
signature  or  electronic  signature   shall   designate   approval   of
substitution by a pharmacist of a drug product pursuant to paragraph (o)
of  subdivision one of section two hundred six of the public health law.
No other letters or marks in such box shall  prohibit  substitution.  No
prescription forms used or intended to be used by a person authorized to
issue a prescription shall have 'd a w' preprinted in such box. Such box
shall  be  placed  directly  under  the  signature  line  and  shall  be
three-quarters inch in  length  and  one-half  inch  in  height,  or  in
comparable  form  for  an electronic prescription as may be specified by
regulation of the commissioner. Immediately  below  such  box  shall  be
imprinted   in   six   point  type  the  words  "Dispense  As  Written".
Notwithstanding any other provision of law, no state  official,  agency,
board  or  other  entity  shall  promulgate  any regulation or guideline
modifying those elements of the prescription form's  contents  specified
in  this  subdivision.  To  the  extent  otherwise  permitted  by law, a
prescriber may modify only those elements  of  the  prescription  form's

contents  not  specified  in this subdivision. Notwithstanding any other
provision of this section or any other law, when a generic drug  is  not
available and the brand name drug originally prescribed is available and
the  pharmacist  agrees  to  dispense the brand name product for a price
that will not exceed the price that would  have  been  charged  for  the
generic substitute had it been available, substitution of a generic drug
product  will  not  be  required.  If  the  generic  drug product is not
available and a medical emergency situation, which for purposes of  this
section is defined as any condition requiring alleviation of severe pain
or  which  threatens  to  cause  disability or take life if not promptly
treated, exists, then the pharmacist may dispense the brand name product
at his regular price. In such instances the pharmacist must  record  the
date,  hour  and  nature  of  the  medical  emergency on the back of the
prescription and keep a copy of all such prescriptions.
(b) Notwithstanding any other provision of this section or  any  other
law, when an interchangeable biological product is not available and the
biological product originally prescribed is available and the pharmacist
agrees  to  dispense  the prescribed biological product for a price that
will not  exceed  the  price  that  would  have  been  charged  for  the
interchangeable   biological   substitute   had   it   been   available,
substitution of  an  interchangeable  biological  product  will  not  be
required. If the interchangeable biological product is not available and
a  medical  emergency  situation,  which for purposes of this section is
defined as any condition requiring alleviation of severe pain  or  which
threatens  to  cause  disability  or  take life if not promptly treated,
exists, then the  pharmacist  may  dispense  the  prescribed  biological
product  at  his  regular  price.  In such instances the pharmacist must
record the date, hour and nature of the medical emergency on the back of
the prescription and keep a copy of all such prescriptions.
(c) The prescriber shall inform the patient  whether  he  or  she  has
prescribed  a  brand  name  or  its  generic  equivalent drug product or
interchangeable biological product.
(d) The provisions of this subdivision shall not apply to  a  hospital
as defined in article twenty-eight of the public health law.
(e) No prescriber shall be subjected to civil liability arising solely
from  authorizing, in accordance with this subdivision, the substitution
by a  pharmacist  of  a  drug  product  pursuant  to  paragraph  (o)  of
subdivision one of section two hundred six of the public health law.
7.  (a)  No  prescription for a drug written in this state by a person
authorized to issue such prescription shall be on  a  prescription  form
which  authorizes  the  dispensing  or compounding of any other drug. No
drug shall be dispensed by a  pharmacist  when  such  prescription  form
includes any other drug.
(b)  With  respect  to  drugs  other  than  controlled substances, the
provisions of this subdivision shall not apply to  pharmacists  employed
by  or  providing  services under contract to general hospitals, nursing
homes,  residential  health  care  facilities  as  defined  in   section
twenty-eight  hundred one of the public health law, hospitals as defined
in subdivision ten of  section  1.03  of  the  mental  hygiene  law,  or
facilities   operated  by  the  office  for  people  with  developmental
disabilities, who dispense drugs in the course of said employment or  in
the  course  of  providing such services under contract. With respect to
such pharmacists, each prescription shall be transcribed  on  a  patient
specific prescription form.
8.  Every  prescription  (whether  or  not for a controlled substance)
written in this state by a person authorized to issue such  prescription
and  containing  the  prescriber's  signature shall, in addition to such
signature, be imprinted or stamped legibly and  conspicuously  with  the

printed  name  of  the  prescriber  who has signed the prescription. The
imprinted or stamped name of the signing prescriber shall appear  in  an
appropriate  location  on the prescription form and shall not be entered
in  or  upon  any space or line reserved for the prescriber's signature.
The imprinted or stamped name shall not be employed as a substitute for,
or  fulfill  any  legal  requirement  otherwise   mandating   that   the
prescription be signed by the prescriber.
9.  No  person, corporation, association or other entity, not licensed
to issue a prescription pursuant to this  title,  shall  wilfully  cause
prescription  forms,  blanks or facsimiles thereof to be disseminated to
any person other than a person who is licensed to issue  a  prescription
pursuant to this title. A violation of this subdivision shall be a class
B  misdemeanor punishable in accordance with the provisions of the penal
law.
10. Notwithstanding any other provision of this section or  any  other
law  to  the  contrary,  effective three years subsequent to the date on
which regulations establishing standards  for  electronic  prescriptions
are  promulgated by the commissioner of health, in consultation with the
commissioner pursuant  to  subdivision  three  of  section  two  hundred
eighty-one  of  the  public  health law, no practitioner shall issue any
prescription  in  this  state,  unless  such  prescription  is  made  by
electronic  prescription from the practitioner to a pharmacy, except for
prescriptions: (a) issued by veterinarians; (b) issued or  dispensed  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 of
health, not to exceed one year, from the requirement to  use  electronic
prescribing,  pursuant  to  a  process  established in regulation by the
commissioner of health, in consultation with  the  commissioner  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 that  does
not  exceed  a  five  day supply if the controlled substance was 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.
10-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.
11. In the case of a  prescription  issued  by  a  practitioner  under
paragraph (b) of subdivision ten of this section, the practitioner shall
be  required  to  indicate  in  the  patient's  health  record  that the
prescription was issued  other  than  electronically  due  to  temporary
technological or electrical failure.
12.  In  the  case  of  a  prescription issued by a practitioner under
paragraph  (d)  or  (e)  of  subdivision  ten  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.
13. The waiver process established in regulation pursuant to paragraph
(c) of subdivision ten of this section shall provide that a practitioner
prescribing under a waiver must  notify  the  department  of  health  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.
14. Notwithstanding any other provision of law  to  the  contrary,  no
outsourcing  facility  may distribute or dispense any drug to any person
pursuant to a prescription unless it is also registered as a pharmacy in
this state and meets all other applicable requirements  of  federal  and
state law.
*  15.  Notwithstanding  any  other  provisions 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 of
health, in a manner specified by the department of health,  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  on  July  first,two  thousand  sixteen,  may  begin  March
twenty-seventh, 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
paragraphs (c) of subdivision ten of this section.
* NB Repealed June 1, 2026