Questions and Answers
Who is authorized to prescribe controlled substances?
What is required for a practitioner to issue an electronic prescription for a controlled substance?
What is an exception to the electronic prescribing requirement?
What is included in the definition of temporary technological or electrical failure?
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What is required for a practitioner to prescribe controlled substances?
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Who is exempt from the electronic prescribing requirement?
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What is a requirement for an electronic prescribing application?
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What is a consequence of temporary technological or electrical failure?
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What is the timeframe for a practitioner to correct the cause of a temporary technological or electrical failure?
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What is the maximum duration for a waiver granted by the commissioner from the requirement to use electronic prescribing?
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What is the purpose of a sworn statement of facts in a waiver application?
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What is the quantity of controlled substances allowed in a prescription issued under circumstances where it would be impractical for the patient to obtain substances prescribed by electronic prescription?
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What is the timeframe for a practitioner to file information about the issuance of a prescription under paragraph (2) of subdivision (c) of this section?
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What is the timeframe for a practitioner to notify the department in writing after gaining the capability to issue an electronic prescription?
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What is the consequence of a practitioner gaining the capability to issue an electronic prescription after being granted a waiver?
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What is the requirement for a prescription issued pursuant to paragraph (c) of this section?
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What is the circumstance under which a practitioner may issue a prescription to be dispensed by a pharmacy located outside the state?
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What is the purpose of filing information about the issuance of a prescription with the department?
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Study Notes
Who May Issue Prescriptions
- A practitioner must be authorized to prescribe controlled substances pursuant to their licensed professional practice and registered with the DEA or exempt from registration.
- A practitioner must use an electronic prescribing application that is consistent with federal requirements and register it with the New York State Department of Health, Bureau of Narcotic Enforcement.
Exceptions to Electronic Prescribing
- Prescriptions issued by veterinarians are exempt from electronic prescribing.
- Prescriptions issued in circumstances where electronic prescribing is not available due to temporary technological or electrical failure are exempt.
- Practitioners who have been granted a waiver from the requirement to use electronic prescribing are exempt.
- Waivers may be granted due to economic hardship, technological limitations, or other exceptional circumstances.
- Waivers are granted for a specified period of time, not exceeding one year, and may be renewed.
Specific Exemptions
- Prescriptions issued by a practitioner under circumstances where it would be impractical for the patient to obtain substances prescribed by electronic prescription in a timely manner are exempt.
- Prescriptions issued by a practitioner to be dispensed by a pharmacy located outside the state are exempt.
- Such prescriptions must be filed with the department within 48 hours of the date of issue.
Filing Requirements
- A practitioner who issues a prescription due to temporary technological or electrical failure must file information about the issuance with the department as soon as practicable, but no more than 72 hours following the end of the failure.
- A practitioner who has been granted a waiver must notify the department in writing within five business days upon gaining the capability to issue an electronic prescription.
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Description
Learn about the authorized practitioners who can issue prescriptions for controlled substances, and the requirements they must meet.
