Section 80.72 - Issuance of official New York State prescription forms

80.72 Issuance of official New York State prescription forms.

(a) A practitioner shall register with the department to be issued official New York State prescription forms. The registration application shall include, but not be limited to, the requesting practitioner's name, specialty, primary address and other practice site address(s), number of prescriptions requested, the Federal registration number or exemption certificate, the State professional practice license number, and shall be signed by the requesting practitioner.

(b) A practitioner's registration shall be without fee and subject to approval by the department. Such registration shall be valid for a period of two years.

(c) A practitioner registered to be issued official prescription forms shall order such forms in the manner required by the department.

(1) The number of prescriptions requested by practitioners shall be subject to approval by the department and shall be issued free of charge in the manner and quantity approved by the department.

(2) The address of the practitioner to which the forms shall be sent shall be the address of a registered practitioner's Federal Drug Enforcement Administration (DEA) registration.

(3) The commissioner may specify that such forms or series of forms shall be valid for a limited period of time and may be cancelled by the commissioner by giving notice to the practitioner.

(d) The commissioner may revoke, cancel or withhold official New York State prescription forms for prescribing controlled substances upon a finding of willful failure to comply with the Public Health Law or this Title. Notice of such finding shall specify that a formal hearing pursuant to the provisions of the Public Health Law may be granted, provided such person shall request the hearing within five days after receipt of the notice.

(e) Official New York State prescription forms of practitioners who are deceased or who no longer prescribe controlled substances shall be returned to the Bureau of Narcotic Enforcement, NYS Department of Health, Corning Tower, The Governor Nelson A. Rockefeller Empire State Plaza, Albany, NY 12237, or an authorized narcotic enforcement representative of the department, by the practitioner or, if the practitioner is deceased, by the next of kin of the practitioner or, if the next of kin is unable to obtain the prescription forms, by a representative of the estate of the practitioner.

Effective Date: 
Wednesday, November 26, 2008
Doc Status: 
Complete