* § 6809. Shared pharmacy services. 1. General requirements. No
pharmacist or pharmacy shall provide shared pharmacy services unless
they are registered in accordance with sections sixty-eight hundred
five, sixty-eight hundred eight, or sixty-eight hundred eight-b of this
article, and are in compliance with the provisions of this section.

2. Qualification. A pharmacy may provide or engage in shared pharmacy
services only if the pharmacies involved:

a. (i) have the same owner; or

(ii) have a written contract or agreement that outlines the services
provided and the shared responsibilities of each pharmacy in complying
with all applicable federal and state statutory and regulatory
requirements; and

b. share a common electronic file or technology that allows access to
information necessary or required to perform shared pharmacy services in
compliance with all applicable federal and state statutory and
regulatory requirements.

3. Operations. A pharmacy or pharmacist engaged in shared pharmacy
services shall:

a. maintain records that identify, individually for each prescription
or order filled or processed, the name and if applicable, the license or
registration number of each pharmacy and individual who took part in the
processing or filling of the prescription or order. Such records shall
be maintained in accordance with subdivision five of section sixty-eight
hundred ten of this article and made available to the department upon
request. Records of prescriptions for controlled substances shall be
maintained pursuant to the requirements of article thirty-three of the
public health law;

b. maintain a system for the tracking of each prescription or order
during each step of the process including, but not limited to, the name
and if applicable, the license and registration number of each pharmacy
and individual taking part in the processing or filling of the
prescription or order;

c. notify the department, in writing, within thirty days of any
disciplinary action taken by another state's regulatory agency involving
shared pharmacy services as defined in this article;

d. ensure that the labels for all prescriptions filled utilizing
shared pharmacy services identify the names and registration numbers of
the pharmacies involved in the dispensing and filling of the
prescriptions. All labels shall conform to sections sixty-eight hundred
twenty-nine and sixty-eight hundred thirty of this article and the
regulations promulgated thereunder. The labeling of prescriptions for
controlled substances shall be subject to additional requirements
provided in article thirty-three of the public health law. The
provisions of this paragraph shall not apply to hospitals as defined in
article twenty-eight of the public health law when furnishing drugs to
patients registered for treatment by the hospital;

e. maintain a system that adequately protects the confidentiality and
integrity of protected patient information; and

f. maintain processes for the storage, processing and dispensing of
controlled substances in accordance with article thirty-three of the
public health law.

4. Notification to patients. a. Pharmacies participating in shared
pharmacy services shall:

(i) notify patients or the patients' authorized representative that
pending their consent, a portion or all of their prescriptions may be
processed or filled off premises. Such notification shall be conveyed
using conspicuously posted signage at or adjacent to the place in the
pharmacy where prescriptions are presented for compounding and
dispensing, in the waiting area for customers, or the area where
prescribed drugs are dispensed. Pharmacies that transact business
through the use of the internet shall conspicuously provide such
notification on their website; and

(ii) obtain an initial onetime consent to fill current and future
prescriptions through shared pharmacy services from the patient or
patient's authorized representative prior to the dispensing of one or
more prescriptions for the patient. For the purposes of this section,
such consent shall be obtained in writing or electronically and noted
within the patient's medication profile.

b. Nothing in this subdivision shall prohibit a patient or the
patients' authorized representative from opting out of having the
patients' prescription processed or filled via shared pharmacy services
at any time.

c. The provisions of this subdivision shall not apply to a hospital as
defined in article twenty-eight of the public health law which is
furnishing drugs to patients registered for treatment by the hospital.

5. Drug storage and security. a. Drugs shall be stored and transported
in a secure manner in compliance with all applicable federal and state
statutory and regulatory requirements.

b. Access to the area where drugs are stored shall be limited to
authorized personnel.

c. Pharmacies participating in shared pharmacy services shall have
adequate security that complies with all applicable federal and state
statutory and regulatory requirements and protects the confidentiality
and integrity of protected patient information.

6. Policies and procedures. a. Each pharmacy participating in shared
pharmacy services shall jointly develop, implement, review, revise, and
comply with joint policies and procedures for shared pharmacy services.
Such policies and procedures shall be made available to the department
upon request and maintained pursuant to regulations promulgated by the
commissioner.

b. The policies and procedures shall:

(i) outline the responsibilities of each pharmacy;

(ii) include a list of the names, addresses, telephone numbers, and
all registration numbers of the pharmacies involved in shared pharmacy
services; and

(iii) include policies and procedures for:

(A) notifying the patients or the patients' authorized representative
that the patients' prescriptions may be processed or filled off premises
and providing the names and registration numbers of the other pharmacies
involved in the filling or processing of the prescriptions;

(B) protecting the confidentiality and integrity of protected patient
information;

(C) dispensing a prescription when a prescription filled utilizing
shared pharmacy services is not received or the patient comes in before
such prescription is received;

(D) maintaining a required manual or electronic records to track the
prescription or order through each step of the process including, but
not limited to, the names and, if applicable, the license or
registration numbers of each individual who participated in shared
pharmacy services; and

(E) complying with all applicable federal and state statutory and
regulatory requirements; and

(iv) policies and procedures for hospitals as defined in the public
health law are exempt from the requirements of clauses (A) and (C) of
subparagraph (iii) of this paragraph, when furnishing drugs to patients
registered for treatment by the hospital.

7. Individual practice. For the purpose of shared pharmacy services,
persons licensed or otherwise authorized under this article and article
one hundred thirty-seven-a of this title, employed by or under contract
with a pharmacy, acting within their respective scopes of practice, may
access that pharmacy's electronic database from inside or outside the
pharmacy and perform prescription or order processing functions, if both
of the following requirements are met:

a. the pharmacy establishes controls to protect the confidentiality
and integrity of protected patient information; and

b. no part of the database is duplicated, downloaded, or removed from
the pharmacy's electronic database.

8. Effect. Failure to meet any or all of the requirements of this
section may result in a denial of renewal of registration.

* NB Effective May 22, 2026