§ 281. Official New York state prescription forms. 1. In addition to
the requirements of section sixty-eight hundred ten of the education law
or article thirty-three of this chapter, all prescriptions written in
this state by a person authorized by this state to issue such
prescriptions shall be on serialized official New York state
prescription forms provided by the department. Such forms shall be
furnished to practitioners authorized to write prescriptions and to
institutional dispensers, and shall be non-reproducible and
non-transferable. The commissioner, in consultation with the
commissioner of education, may promulgate emergency regulations for the
electronic transmission of prescriptions from prescribers to pharmacists
or for ordering and filling requirements of prescription drugs for
prescriptions written for recipients eligible for medical assistance
pursuant to title eleven of article five of the social services law, for
participants in the program for elderly pharmaceutical insurance
coverage pursuant to title three of article two of the elder law and for
prescriptions written pursuant to article thirty-three of this chapter.
Nothing in this section shall prohibit the commissioner in consultation
with the commissioner of education from promulgating any additional
emergency regulations in furtherance of this subdivision.

2. The commissioner, in consultation with the commissioner of
education, shall promulgate regulations requiring that prescription
forms and electronic prescriptions include: (a) 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; and (b) if the patient is limited English proficient, a
line where the prescriber may specify the preferred language indicated
by the patient. Failure to include such indication on the part of the
prescriber shall not invalidate the prescription.

3. On or before December thirty-first, two thousand twelve, the
commissioner shall promulgate regulations, in consultation with the
commissioner of education, establishing standards for electronic
prescriptions. Notwithstanding any other provision of this section or
any other law to the contrary, effective three years subsequent to the
date on which such regulations are promulgated, no person shall issue
any prescription in this state unless such prescription is made by
electronic prescription from the person issuing the prescription to a
pharmacy in accordance with such regulatory standards, except for
prescriptions: (a) issued by veterinarians; (b) issued in circumstances
where electronic prescribing is not available due to temporary
technological or electrical failure, as set forth in regulation; (c)
issued by practitioners who have received a waiver or a renewal thereof
for a specified period determined by the commissioner, not to exceed one
year, from the requirement to use electronic prescribing, pursuant to a
process established in regulation by the commissioner, in consultation
with the commissioner of education, due to economic hardship,
technological limitations that are not reasonably within the control of
the practitioner, or other exceptional circumstance demonstrated by the
practitioner; (d) issued by a practitioner under circumstances where,
notwithstanding the practitioner's present ability to make an electronic
prescription as required by this subdivision, such practitioner
reasonably determines that it would be impractical for the patient to
obtain substances prescribed by electronic prescription in a timely
manner, and such delay would adversely impact the patient's medical
condition, provided that if such prescription is for a controlled
substance, the quantity of controlled substances does not exceed a five
day supply if the controlled substance were used in accordance with the
directions for use; or (e) issued by a practitioner to be dispensed by a
pharmacy located outside the state, as set forth in regulation.

3-a. A pharmacy that receives an electronic prescription from the
person issuing the prescription may, if the prescription has not been
dispensed and at the request of the patient or a person authorized to
make the request on behalf of the patient, immediately transfer or
forward such prescription to an alternative pharmacy designated by the
requesting party.

4. In the case of a prescription for a controlled substance issued by
a practitioner under paragraph (b) of subdivision three of this section,
the practitioner shall indicate in the patient's health record that the
prescription was issued other than electronically due to temporary
technological or electrical failure.

5. In the case of a prescription for a controlled substance issued by
a practitioner under paragraph (d) or (e) of subdivision three of this
section, the practitioner shall, upon issuing such prescription,
indicate in the patient's health record either that the prescription was
issued other than electronically because it (a) was impractical to issue
an electronic prescription in a timely manner and such delay would have
adversely impacted the patient's medical condition, or (b) was to be
dispensed by a pharmacy located outside the state.

6. The waiver process established in regulation pursuant to paragraph
(c) of subdivision three of this section shall provide that a
practitioner prescribing under a waiver must notify the department in
writing promptly upon gaining the capability to use electronic
prescribing, and that a waiver shall terminate within a specified period
of time after the practitioner gains such capability.

* 7. Notwithstanding any other provision of this section or any other
law to the contrary, a practitioner shall not be required to issue
prescriptions electronically if he or she certifies to the department,
in a manner specified by the department, that he or she will not issue
more than twenty-five prescriptions during a twelve month period.
Prescriptions in both oral and written form for both controlled
substances and non-controlled substances shall be included in
determining whether the practitioner will reach the limit of twenty-five
prescriptions.

(a) A certification shall be submitted in advance of the twelve-month
certification period, except that a twelve-month certification submitted
on or before July first, two thousand sixteen, may begin March
twenty-seven, two thousand sixteen.

(b) A practitioner who has made a certification under this subdivision
may submit an additional certification on or before the expiration of
the current twelve-month certification period, for a maximum of three
twelve-month certifications.

(c) A practitioner may make a certification under this subdivision
regardless of whether he or she has previously received a waiver under
paragraph (c) of subdivision three of this section.

* NB Repealed June 1, 2026