2010 New York Code
EDN - Education
Title 8 - THE PROFESSIONS
Article 137 - (6800 - 6828) 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. 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  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.
    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
  developmental centers or  developmental  disabilities  services  offices
  listed  in  subdivision  (b) of section 13.17 of the mental hygiene law,

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. Imprinted conspicuously 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, the prescriber's 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.
  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) The prescriber shall inform the patient  whether  he  or  she  has
  prescribed a brand name or its generic equivalent drug product.
    (c)  The  provisions of this subdivision shall not apply to a hospital
  as defined in article twenty-eight of the public health law.
    (d) 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
  developmental  centers  or  developmental  disabilities services offices
  listed in subdivision (b) of section 13.17 of the  mental  hygiene  law,
  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.