2012 New York Consolidated Laws
PBH - Public Health
Article 2-A - PRESCRIPTION DRUGS
Title 3 - (281) PRESCRIPTION FORMS, ELECTRONIC PRESCRIBING AND LANGUAGE ASSISTANCE
281 - Official New York state prescription forms.

 
    §  281.  Official New York state prescription forms. 1. In addition to
  the requirements of section sixty-eight hundred ten of the education law
  or article thirty-three of this chapter, all  prescriptions  written  in
  this  state  by  a  person  authorized  by  this  state  to  issue  such
  prescriptions  shall  be  on  serialized   official   New   York   state
  prescription  forms  provided  by  the  department.  Such forms shall be
  furnished to practitioners authorized  to  write  prescriptions  and  to
  institutional    dispensers,   and   shall   be   non-reproducible   and
  non-transferable.   The   commissioner,   in   consultation   with   the
  commissioner  of education, may promulgate emergency regulations for the
  electronic transmission of prescriptions from prescribers to pharmacists
  or for ordering and  filling  requirements  of  prescription  drugs  for
  prescriptions  written  for  recipients  eligible for medical assistance
  pursuant to title eleven of article five of the social services law, for
  participants  in  the  program  for  elderly  pharmaceutical   insurance
  coverage pursuant to title three of article two of the elder law and for
  prescriptions  written pursuant to article thirty-three of this chapter.
  Nothing in this section shall prohibit the commissioner in  consultation
  with  the  commissioner  of  education  from promulgating any additional
  emergency regulations in furtherance of this subdivision.
    * 2. The  commissioner,  in  consultation  with  the  commissioner  of
  education,  shall  promulgate  regulations  requiring  that prescription
  forms and  electronic  prescriptions  include:  (a)  a  section  wherein
  prescribers  may  indicate  whether  an  individual  is  limited English
  proficient, as defined in section sixty-eight hundred twenty-nine of the
  education law; and (b) if the patient is limited English  proficient,  a
  line  where  the prescriber may specify the preferred language indicated
  by the patient. Failure to include such indication on the  part  of  the
  prescriber shall not invalidate the prescription.
    * NB Effective March 30, 2013
    3.  On  or  before  December  thirty-first,  two  thousand twelve, the
  commissioner shall promulgate  regulations,  in  consultation  with  the
  commissioner   of   education,  establishing  standards  for  electronic
  prescriptions. Notwithstanding any other provision of  this  section  or
  any  other  law  to  the contrary, effective two years subsequent to the
  date on which such regulations are promulgated, no  person  shall  issue
  any  prescription  in  this  state  unless  such prescription is made by
  electronic prescription from the person issuing the  prescription  to  a
  pharmacy  in  accordance  with  such  regulatory  standards,  except for
  prescriptions: (a) issued by veterinarians; (b) issued 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, not to exceed one
  year, from the requirement to use electronic prescribing, pursuant to  a
  process  established  in regulation by the commissioner, in consultation
  with  the  commissioner  of  education,  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 of controlled substances does not exceed a five
  day supply if the controlled substance were 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.
    4.  In the case of a prescription for a controlled substance issued by
  a practitioner under paragraph (b) of subdivision three of this section,
  the practitioner shall file  information  about  the  issuance  of  such
  prescription with the department as soon as practicable, as set forth in
  regulation.
    5.  In the case of a prescription for a controlled substance issued by
  a practitioner under paragraph (d) or (e) of subdivision three  of  this
  section,  the  practitioner  shall, upon issuing such prescription, file
  information about the issuance of such prescription with the  department
  by electronic means, as set forth in regulation.
    6.  The waiver process established in regulation pursuant to paragraph
  (c)  of  subdivision  three  of  this  section  shall  provide  that   a
  practitioner  prescribing  under  a waiver must notify the department 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.