New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VIII - Official New York State Prescription Forms › Part 910 - Official New York State Prescription Forms › Section 910.2 - Prescribing upon official new york state prescription

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All prescriptions written in this State
				shall be issued on an official New York State prescription form provided by the
				department; except that a hospital registered as a registered facility, and a
				comprehensive voluntary non-profit diagnostic and treatment center registered
				as a registered facility and designated by the department, is exempt from the
				requirement for its staff practitioners to prescribe on an official New York
				State prescription until April 19, 2007. Such exemption shall not apply to the
				prescribing of controlled substances under article 33 of the Public Health Law.
				Such exemption shall continue after April 19, 2007 only if the registered
				hospital, and the registered comprehensive voluntary non-profit diagnostic and
				treatment center, has implemented an electronic prescription system. A
				registered facility may apply to the department for the exemption to continue
				after April 19, 2007 if the facility has implemented a computerized provider
				order entry system that generates printed prescriptions.
(b) The exemption provided in subdivision (a)
				of this section shall expire on April 19, 2007 if the registered hospital, and
				the registered comprehensive voluntary non-profit diagnostic and treatment
				center, has not implemented an electronic prescription system, or has not
				applied for and been approved for an exemption based on implementation of a
				computerized provider order entry system that generates printed
				prescriptions.
(c) Once the
				registered facility, and the registered comprehensive voluntary non-profit
				diagnostic and treatment center, has implemented an electronic prescription
				system as provided in subdivision (a) of this section, effective April 19, 2007
				a staff practitioner must utilize such system for prescribing if the pharmacy
				chosen by the patient for whom the prescription is intended has the capability
				to receive an electronic prescription. If such pharmacy does not have the
				capability to receive an electronic prescription, a staff practitioner may
				issue such prescription, for other than a controlled substance, on the
				prescription form of the registered facility or the registered comprehensive
				voluntary non-profit diagnostic and treatment center as provided in subdivision
				(d) of this section or an official New York State prescription.
(d) Once the registered facility, and the
				registered comprehensive voluntary non-profit diagnostic and treatment center,
				has implemented a computerized provider order entry system as provided in
				subdivision (a) of this section, effective April 19, 2007 a practitioner may
				utilize such system to issue a prescription, for other than a controlled
				substance, on a prescription form of the registered facility until the
				department issues a facility label. When a facility label is available, the
				department shall notify in writing those facilities exempted as provided in
				subdivision (a) of this section. Within 45 days of being notified, such
				facilities are required to obtain from the department and utilize such facility
				label on a prescription issued on the prescription form of the registered
				facility.
(e) The commissioner may
				revoke or cancel an exemption as provided in subdivision (a) of this section
				upon a finding that such exemption does not satisfy the intent of section
				21 of the
				Public Health Law.
(f) A
				prescription shall be issued by a practitioner for legitimate medical purposes
				in good faith and in the course of his or her professional practice only. An
				order purporting to be a prescription that is not issued for legitimate medical
				purposes is not a prescription within the meaning of the New York State
				Education Law and the New York State Public Health Law and the person knowingly
				dispensing such an order, as well as the person issuing such order, shall be
				subject to all penalties provided in law or regulations.
(g) A section wherein prescribers may
				indicate whether an individual is limited English proficient, as defined in
				section
				6829 of the
				Education Law, shall be included on the official New York State prescription
				form. A line shall also be provided on the form where the prescriber may
				specify the preferred language indicated by the patient in those cases where
				the patient is limited English proficient. Failure to include such indication
				on the part of the prescriber shall not invalidate the prescription.
(h) Any official New York State prescription
				form that does not contain the limited English proficient section and preferred
				language line described in subdivision (g) of this section may still be
				utilized by a prescriber if the form was received from the department prior to
				March 30, 2013. For any official New York State prescription form without the
				limited proficient section and preferred language line, the prescriber may
				indicate on the front of that official New York State prescription form whether
				the patient is limited English proficient, and, if so, the prescriber shall
				also indicate the patient's preferred language.