NEW YORK PHARMACY LAW UPDATE JUNE 27 2020, Lecture notes of Pharmacology

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NEW YORK PHARMACY LAW

UPDATE

JUNE 27 2020

JOSEPH J BOVA, MS, R.PH.

I would like to dedicate this presentation to two past presidents of PSSNY who have left us since we last met: Rocco Giruzzi Lee Joffee Rest in peace, old friends

CONTROLLED SUBSTANCES NY STATE

Bureau of Narcotic Enforcement

PRESCRIBING REGULATIONS 80.63 Prescribing. (a) A prescription as defined by the Public Health Law means: (1) an official New York State prescription; (2) an electronic prescription; (3) an oral prescription; or (4) an out-of-state prescription, which means a prescription issued in lieu of an official prescription by a practitioner in another state who is licensed by that state to prescribe controlled substances

WHO MAY PRESCRIBE

CONTROLLED SUBSTANCES

(NY)?

A physician (including DOs), dentist, podiatrist, veterinarian, scientific investigator (limited), or other person licensed, or otherwise permitted to dispense, (including duly authorized Midwives, Nurse Practitioners, Physician Assistants and , pharmacists in a CDTM setting But not yet)

• NOT TO INCLUDE OPTOMETRISTS

O fficial prescriptions written by a Physician's Assistant must contain the imprinted (stamped or typed) name of both the Physician's Assistant and the Supervising Physician and DEA # of PA (same for non controls). Same applies to RPh in CDTM

• includes ERxs- It is not required to be countersigned by the supervising physician. Rx’s only within scope- must be patient of supervising MD

CERTIFIED NURSE PRACTITIONER (CNP)

• Uses own Rx Blank
• All Rx info including “F” reg number
• May prescribe controlled substances if registered with DEA for all classes
• Own signature appears on Rx

NURSE PRACTITIONERS SPECIALTY PREFIXES (IN APPENDIX)

• And the letter “F”
• Acute care 43
• Adult care 30
• College Health 31
• Community Health 32
• Family Health 33
• Gerontology 34
• Holistic Nursing 45
• Neonatology 35

CNPS CONTINUED

80.65 Purpose of issue. A prescription, in order to be effective in legalizing the possession of controlled substances, shall be issued for legitimate medical purposes only. The responsibility for the proper prescribing and dispensing of controlled substances shall be on the physician, dentist, podiatrist, veterinarian or other authorized practitioner, but a corresponding liability shall rest with the pharmacist who fills the prescription.

• All prescriptions written in NY must be written on an official NYS Rx (no matter where they are to be filled) or electronically transmitted

HOW LONG IS A C.S. RX VALID?

• 80.73 Pharmacists. (a)…… presented within 30 days of the date such prescription was signed by the authorized practitioner