Section 80.106 - Pharmacies

80.106 Pharmacies.

(a) Pharmacies shall keep records of all controlled substances received and delivered or disposed of by them.

(1) The records of controlled substances received by pharmacies shall include date of receipt, name and address of vendor, and kind and quantity of such drug received. A duplicate invoice or separate itemized list furnished by the vendor will be sufficient to satisfy this record requirement for schedule III, IV, and V controlled substances provided it includes all required information and is maintained in a separate file. Duplicate copies of Federal order forms for schedule II controlled substances shall be retained.

(2) The records of all controlled substances delivered or disposed of shall consist of the prescriptions filled for such drugs. The prescription shall indicate the name and address of the prescriber, Drug Enforcement Administration registration number, signature of the prescriber, name and address of the patient, date of issue, date of dispensing by pharmacist, serial number, type and quantity of drug and such other information as may be required by this Part or provisions of article 33 of the Public Health Law.

(b)(1) Schedule II controlled substances prescriptions shall be maintained together in a separate file.

(2) Schedule III, IV and V controlled substances prescriptions shall be maintained together in a separate file.

(c) If a prescription for a Schedule II, III, IV or V controlled substance is created, signed, transmitted and received electronically, all records related to that prescription shall be retained electronically. These records shall be readily retrievable from all other records, and shall be easily readable or easily rendered into a format that a person can read.

(d) If a pharmacy ceases to use an application service provider, the pharmacy shall ensure that the application service provider transfer any records subject to this Part to the pharmacy in a format that can be displayed, read, and printed, and in a manner readily accessible to, and readable by, representatives of the department.

(e) Pharmacies shall keep a separate record of all controlled substances distributed to an automated dispensing system and returned to the pharmacy from such system.

(f) Pharmacies shall keep a separate record for an automated dispensing system for all records required by this Part.

Effective Date: 
Wednesday, March 27, 2013
Doc Status: 
Complete