Questions and Answers
What is not a type of prescription according to the Public Health Law?
When is the use of preprinted prescriptions allowed?
What must a practitioner do before prescribing a controlled substance to a patient?
How often must a practitioner consult the prescription monitoring program registry?
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What type of information must be documented in the patient's medical chart?
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What is the purpose of consulting the prescription monitoring program registry?
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What is the consequence of not consulting the prescription monitoring program registry?
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What schedule of controlled substances requires a practitioner to consult the prescription monitoring program registry?
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How long is the consultation with the prescription monitoring program registry valid for?
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What is the purpose of the prescription monitoring program registry?
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Under which circumstances is a practitioner exempt from consulting the prescription monitoring program registry?
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What must a practitioner document in the patient's medical chart when consultation of the registry is not performed due to circumstances specified in subparagraph (2)(vii) of this Subdivision?
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Under what circumstances may a practitioner prescribe a controlled substance without consulting the registry?
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What is the maximum quantity of controlled substance that a practitioner may prescribe without consulting the registry?
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Who is exempt from consulting the prescription monitoring program registry?
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What must a practitioner do when the registry is not operational or is temporarily unavailable due to a technological or electrical failure?
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On what grounds may the commissioner grant a waiver from the requirement to consult the registry?
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When may a practitioner prescribe a controlled substance without consulting the registry due to circumstances specified in subparagraph (2)(viii) of this Subdivision?
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What must a practitioner document in the patient's medical chart when consultation of the registry is not performed due to circumstances specified in subparagraph (2)(viii) of this Subdivision?
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Under what circumstances may a practitioner prescribe a controlled substance to a patient who is under the care of a hospice?
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What must a practitioner's showing include when applying for a waiver?
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What is the maximum period of time for which a waiver can be granted?
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When must a practitioner notify the department after gaining the capability to consult the prescription monitoring program registry?
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Who can a practitioner authorize to consult the prescription monitoring program registry on their behalf?
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What is a requirement for a designee to access the prescription monitoring program registry?
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Who is responsible for ensuring that access to the registry by the designee is limited to authorized purposes?
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What must a pharmacist do upon a designee's relinquishment or termination of employment?
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Who can a pharmacist designate to consult the prescription monitoring program registry on their behalf?
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What must a designating pharmacist do regarding active designees?
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What can a pharmacist consult the prescription monitoring program registry to review?
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What must a designating pharmacist do when a designee's employment or authorization is terminated?
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Under what circumstances can a controlled substance prescription be issued prior to the examination of the patient by the practitioner?
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What must a practitioner consider when determining the frequency and necessity for future examinations prior to prescribing controlled substances?
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What must an authorized practitioner do in the temporary absence of the initial prescriber to issue a controlled substance prescription?
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What must a practitioner do if the patient record is not available when issuing a controlled substance prescription?
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What is an 'emergency' in the context of controlled substance prescribing?
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How long can a controlled substance prescription be issued for in an emergency situation?
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What is required if a practitioner prescribes a controlled substance orally in an emergency situation?
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What is the purpose of the rules surrounding controlled substance prescribing?
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What is the role of a designating pharmacist in relation to the prescription monitoring program registry?
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What is the primary liability for the proper prescribing and dispensing of controlled substances?
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What is the purpose of a prescription according to the Public Health Law?
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What is the consequence of issuing an order to an addict or habitual user of controlled substances?
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What type of prescription is not considered a legitimate prescription?
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Who shares liability with the authorized practitioner for the proper prescribing and dispensing of controlled substances?
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What is the purpose of the rules surrounding controlled substance prescribing?
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What is the primary responsibility for the proper prescribing and dispensing of controlled substances?
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What is the consequence of issuing an order to an addict or habitual user of controlled substances?
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What is the purpose of a prescription according to the Public Health Law?
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Who shares liability with the authorized practitioner for the proper prescribing and dispensing of controlled substances?
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What is not considered a legitimate prescription?
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What is the liability of the pharmacist in relation to controlled substances?
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Study Notes
Prescribing Controlled Substances
- A prescription can be an official New York State prescription, electronic prescription, oral prescription, or out-of-state prescription issued by a licensed practitioner.
- The use of preprinted prescriptions indicating controlled substances, strength, dosage, or quantity is prohibited, except for those generated by a computer or electronic medical record system.
Consultation of Prescription Monitoring Program Registry
- Practitioners must consult the prescription monitoring program registry before prescribing or dispensing controlled substances listed on schedules II, III, or IV to review the patient's controlled substance history.
- The consultation must occur no more than 24 hours prior to prescribing or dispensing, and the practitioner must document the consultation in the patient's medical chart.
- Exceptions to consultation include:
- Veterinarians
- Practitioners dispensing pursuant to public health law section 3351(3)
- Practitioners administering controlled substances
- Practitioners prescribing or ordering controlled substances for institutional dispenser patients
- Practitioners prescribing controlled substances in emergency departments or hospice care
- Situations where consultation is not reasonably possible or would delay patient care
- Temporary technological or electrical failures
- Waivers granted by the commissioner due to technological limitations or exceptional circumstances
Designees
- Practitioners can authorize designees to consult the prescription monitoring program registry on their behalf, provided the designee is employed by the same practice, is competent in using the registry, and aware of relevant privacy statutes.
- The practitioner remains responsible for ensuring authorized access and confidentiality.
- Designees must be located in New York State when accessing the registry.
Pharmacist Consultation
- Pharmacists can consult the prescription monitoring program registry to review controlled substance history before dispensing.
- Pharmacists can designate other pharmacists or interns to consult the registry on their behalf, provided they are employed by the same pharmacy and located in New York State.
Issuance of Controlled Substance Prescriptions
- Controlled substance prescriptions must not be issued prior to patient examination, except in certain circumstances.
- Practitioners must utilize generally accepted medical standards to determine the frequency and necessity of future examinations before prescribing.
- In the temporary absence of the initial prescriber, an authorized practitioner can issue a controlled substance prescription for a patient as part of continuing therapy if the practitioner has direct access to the patient's medical records or adequate consultation with the initial prescriber.
Purpose of a Prescription
- A prescription must be issued for legitimate medical purposes only to be effective in legalizing the possession of controlled substances.
Responsibility for Prescribing and Dispensing
- The responsibility for proper prescribing and dispensing of controlled substances lies with the physician, dentist, podiatrist, veterinarian, or other authorized practitioner.
- A corresponding liability rests with the pharmacist who fills the prescription.
Invalid Prescriptions
- An order issued to an addict or habitual user of controlled substances, not in the course of professional treatment, is not a valid prescription.
- Such an order is considered invalid if it is intended to provide the user with narcotics or other controlled substances sufficient to maintain their customary use.
- Both the person issuing such an order and the person filling it are subject to penalties for violating controlled substances laws.
Purpose of a Prescription
- A prescription must be issued for legitimate medical purposes only to be effective in legalizing the possession of controlled substances.
Responsibility for Prescribing and Dispensing
- The responsibility for proper prescribing and dispensing of controlled substances lies with the physician, dentist, podiatrist, veterinarian, or other authorized practitioner.
- A corresponding liability rests with the pharmacist who fills the prescription.
Invalid Prescriptions
- An order issued to an addict or habitual user of controlled substances, not in the course of professional treatment, is not a valid prescription.
- Such an order is considered invalid if it is intended to provide the user with narcotics or other controlled substances sufficient to maintain their customary use.
- Both the person issuing such an order and the person filling it are subject to penalties for violating controlled substances laws.
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Description
Learn about the different types of prescriptions, including official New York State prescriptions, electronic prescriptions, oral prescriptions, and out-of-state prescriptions. Understand the rules and regulations surrounding prescribing controlled substances.