Title: Section 910.2 - Prescribing upon Official New York State Prescription

910.2 Prescribing upon Official New York State Prescription

(a) All prescriptions written in this state shall be issued on an official New York State prescription form provided by the department; except that a hospital registered as a registered facility, and a comprehensive voluntary non-profit diagnostic and treatment center registered as a registered facility and designated by the Department, is exempt from the requirement for its staff practitioners to prescribe on an official New York State prescription until April 19, 2007. Such exemption shall not apply to the prescribing of controlled substances under Article 33 of the Public Health Law. Such exemption shall continue after April 19, 2007 only if the registered hospital, and the registered comprehensive voluntary non-profit diagnostic and treatment center, has implemented an electronic prescription system. The exemption shall expire on April 19, 2007 if the registered hospital, and the registered comprehensive voluntary non-profit diagnostic and treatment center, has not implemented an electronic prescription system. A registered facility may apply to the Department for the exemption to continue after April 19, 2007 if the facility has implemented a computerized provider order entry system that generates printed prescriptions.

(b) The exemption provided in paragraph (a) of this section shall expire on April 19, 2007 if the registered hospital, and the registered comprehensive voluntary non-profit diagnostic and treatment center, has not implemented an electronic prescription system, or has not applied for and been approved for an exemption based on implementation of a computerized provider order entry system that generates printed prescriptions.

(c) Once the registered facility, and the registered comprehensive voluntary non-profit diagnostic and treatment center, has implemented an electronic prescription system as provided in paragraph (a) of this section, effective April 19, 2007 a staff practitioner must utilize such system for prescribing if the pharmacy chosen by the patient for whom the prescription is intended has the capability to receive an electronic prescription. If such pharmacy does not have the capability to receive an electronic prescription, a staff practitioner may issue such prescription, for other than a controlled substance, on the prescription form of the registered facility or the registered comprehensive voluntary non-profit diagnostic and treatment center as provided in paragraph (d) of this section or an official New York State prescription.

(d) Once the registered facility, and the registered comprehensive voluntary non-profit diagnostic and treatment center, has implemented a computerized provider order entry system as provided in paragraph (a) of this section, effective April 19, 2007 a practitioner may utilize such system to issue a prescription, for other than a controlled substance, on a prescription form of the registered facility until the Department issues a facility label. When a facility label is available, the Department shall notify in writing those facilities exempted as provided in paragraph (a) of this section. Within 45 days of being notified, such facilities are required to obtain from the Department and utilize such facility label on a prescription issued on the prescription form of the registered facility.

(e) The commissioner may revoke or cancel an exemption as provided in paragraph (a) of this section upon a finding that such exemption does not satisfy the intent of section 21 of the Public Health Law.

(f) A prescription shall be issued by a practitioner for legitimate medical purposes in good faith and in the course of his or her professional practice only. An order purporting to be a prescription that is not issued for legitimate medical purposes is not a prescription within the meaning of the New York State Education Law and the New York State Public Health Law and the person knowingly dispensing such an order, as well as the person issuing such order, shall be subject to all penalties provided in law or regulations.

(g) 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, shall be included on the Official New York State prescription form. A line shall also be provided on the form where the prescriber may specify the preferred language indicated by the patient in those cases where the patient is limited English proficient. Failure to include such indication on the part of the prescriber shall not invalidate the prescription.

(h) Any Official New York State prescription form that does not contain the limited English proficient section and preferred language line described in subdivision (g) may still be utilized by a prescriber if the form was received from the Department prior to March 30, 2013. For any Official New York State prescription form without the limited proficient section and preferred language line, the prescriber may indicate on the front of that Official New York State prescription form whether the patient is limited English proficient, and, if so, the prescriber shall also indicate the patient’s preferred language.