2006 New York Code - 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.