UWORLD NY Specific Laws

How many members serve on the state board of pharmacy, and how long is each term of service? 

13 total members (minimum):

• 2 public members

• 9 licensed pharmacists (must be licensed in the state for at least 5 years prior to appointment)

• 2 registered pharmacy technicians

• A board member is appointed for a 5-year term and may be reappointed for a second term.

How many public members (non-pharmacists) and how many pharmacist members serve on the board of pharmacy?

13 total members (minimum):

• 2 public members

• 9 licensed pharmacists (must be licensed in the state for at least 5 years prior to appointment)

• 2 registered pharmacy technicians

What is the name of the agency that issues pharmacist licenses?

The New York State Education Department Office of the Professions (NYSED-OP)

What is the minimum age to become a licensed pharmacist?

21 years

What exams are required for pharmacist licensure?

NAPLEX and MPJE

How long does a pharmacist have to notify the board of a change in name, home address or employer?

Name: 30 days

Home address: 30 days

Employer: Not addressed in the state law

How often is the pharmacist registration renewed?

• Every 3 years; this is sometimes referred to as triennial.

• The renewal occurs in the pharmacist's birth month.

What are the CE (continuing education) requirements for pharmacists (e.g., how many hours per renewal period, how long is the renewal period, are live hours required, any specific CPE topic requirements)?

Pharmacists must complete a minimum of 45 hours each renewal period (23 hours must be from live courses).

 

Required topics:

• 3 hours must cover strategies and techniques to reduce medication and prescription errors

• 3 hours must cover pharmaceutical compounding

If a pharmacist’s license lapses, what action can be taken to reinstate the license?

The pharmacist must complete the following requirements:

1. The continuing education requirement for their last registration period.

2. At least 1.25 hours of continuing education for each month of lapsed registration, up to a maximum of 45 hours. This must be completed in the 12 months before the new registration period begins.

3. At least 15 hours of continuing education in each 12-month period after the registration is reissued, until the next registration date.

4. Submit a renewal application and fee

What are the requirements to become a nuclear pharmacist?

1. Certification as a Nuclear Pharmacist by the Board of Pharmaceutical Specialties of the American Pharmacists Association

OR

2. Completion of at least 200 contact hours of didactic (classroom) instruction in nuclear pharmacy in an accredited school or college of pharmacy and a minimum of 500 hours of clinical nuclear pharmacy training under a board-certified nuclear pharmacist in a nuclear pharmacy residency program or a nuclear pharmacy training program in an accredited school or college of pharmacy

Are preceptors required to register with the state board?

No

What are the requirements to serve as a pharmacist preceptor?

The pharmacist must have at least 1 year of experience as a licensed pharmacist prior to serving as a preceptor.

Do individuals need to submit fingerprints to register as an intern?

No

Are interns required to have a criminal background check?

No

When does an intern license expire?

5 years from the date of issue

 

An intern license (also called an "intern permit") can be renewed once for up to 2 years

How many intern hours are required?

6 months (1,040 hours)

What is the ratio of interns for each pharmacist in a community/hospital setting?

1 full-time intern or 2 part-time interns to 1 preceptor pharmacist

Are there permitted conditions in which the number of interns per pharmacist can increase?

No

What is the minimum age to become a pharmacy technician?

18 years

Do technicians have to be licensed or registered with the board of pharmacy?

Although pharmacy technicians may become licensed as a registered technician, this is not required to perform certain limited activities to assist a licensed pharmacist.

What exams or certifications are required for all technicians?

Exams and certifications are required only for those wishing to become a Registered Pharmacy Technician; otherwise, no exams or certifications are required.

What is the higher-level designation for pharmacy technicians, and what training or examination is required for this designation?

To become a Registered Pharmacy Technician, an individual must become certified by completing a nationally accredited program. Completion of site-specific training is also required.

What activities are non-certified technicians allowed to do (e.g., filling, taking verbal prescriptions)?

Non-certified technicians are allowed to:

1. Receive written prescriptions

2. Receive electronic prescriptions, with pharmacist's or pharmacy intern's review

3. Type prescription labels and other order entry tasks 

4. Get drugs from and returning drugs to stock

5. Get prescription files and other manual records from storage

6. Count dosage units of drugs and placing them into appropriate containers

7. Label prescription containers

8. Prepare manual records of dispensing for the signature or initials of the pharmacist

9. Hand or deliver medications to the patient or their caregiver once counseling has been offered by the pharmacist or pharmacy intern

What is the ratio of technicians for each pharmacist in a community/hospital setting?

A pharmacist may supervise a maximum of 4 unlicensed persons; a maximum of 2 of these individuals can be registered pharmacy technicians.

 

Note: In New York state, pharmacy technicians are considered "unlicensed persons."  Staff involved in other duties not directly related to filling prescriptions, such as cashiers and delivery drivers, are not included in this ratio.

Are there permitted conditions in which the number of technicians per pharmacist can increase? 

No

What are the requirements for pharmacy staff identification badges?

Every pharmacist must wear a board-designed badge with his or her name and title on it while on duty

What organization operates the impaired pharmacist recovery program?

The Professional Assistance Program (PAP) is operated by the New York State Education Department Office of the Professions (NYSED-OP)

What healthcare professionals can enroll in the state’s impaired pharmacist recovery program?

Most licensed professionals in New York, including pharmacists, dentists, nurses and veterinarians, are eligible.

• Physicians, physician assistants and specialist assistants are not eligible as they have their own program.

Can a healthcare professional self-enroll in the impaired pharmacist recovery program?

Yes

Are a mail-order pharmacy’s hours and/or toll-free number required to be listed on the prescription container labeling?

Telephone number: Yes - a written offer to counsel and a telephone number at which a licensed pharmacist or pharmacy intern may be reached must be provided with each prescription that is delivered to a patient. If the pharmacy is primarily a mail-order pharmacy, the phone number must be toll-free.

 

Pharmacy's hours: No.

Are nonresident establishments (e.g., an out-of-state mail-order pharmacy) required to be open for a defined number of days and hours per week?

No.

However, to enable communication with patients in New York State, a toll-free telephone number must be available during normal business hours at least 40 hours per week.

Does the board require a specific inspection/assessment form to be used by pharmacists?

No, there is no specific inspection or assessment form required to be used by pharmacists.

The board of pharmacy (BOP) publishes a general checklist to educate pharmacy staff about what a board inspector may look for, but it is not required to be used, nor is the pharmacist in charge required to submit the checklist to the BOP as part of an inspection process.

Do the licenses displayed for public view need to be the originals or is a photocopy or printed copy acceptable?

Pharmacists and interns must display their current license in the pharmacy. 

• Photocopies of a professional license are not considered legal documents!

What are the space and/or equipment requirements for a pharmacy (e.g., pharmacy size, hot/cold water, compounding equipment, references)?

Facility requirements:

1. The pharmacy must be at least 300 square feet and include a manufacturing, compounding and dispensing area of at least 100 square feet

2. Adequate space for the safe storage of drugs, heating and ventilation systems and lighting

3. Hot and cold running water in the compounding area

Equipment requirements:

1. A weighing device sensitive to 6 mg and metric weights, if needed to use the weighing device

2. Devices capable of measuring volumes from 0.1 - 500 ml

3. Mortar and pestle

4. Refrigerator and thermometer

5. Copies of NY state pharmacy laws and other necessary references

What are the advertising limitations for pharmacies?

Pharmacies must have a drug retail price sign that states "Drug Retail Price List Available Upon Request" in bold, block letters at least one inch high. The sign must be posted in a conspicuous area, such as the prescription waiting area.

What are the signage requirements for pharmacies?

A sign bearing the full name of the registrant must be displayed prominently on the outside of the building in which a registered pharmacy is located, or in the directory and on the immediate entrance to the registered pharmacy if it is in a multi-tenant building.

 

Each pharmacy must conspicuously post a notice to inform LEP individuals of their rights to free, competent oral interpretation and translation services.

Within how many days must a change of pharmacy address, phone number or name be reported to the board?

Address: no less than 30 days before the anticipated moving day

Phone number: not addressed in the state law

Name: as soon as possible 

Within how many days must pharmacy closures be reported to the board?

At least 30 days prior to closing

Within how many days must a pharmacy notify the board that there has been a change in the pharmacist-in-charge?

Within 7 days

 

In New York state, the pharmacist-in-charge is often referred to as the "supervising pharmacist"

What requirements are there for emergency kits in long-term care facilities or other institutional facilities (e.g., who refills the kit, what time frame must the kit be filled)?

Contents of an emergency kit must be approved by the facility's medical director,  pharmacist and director of nursing.

 

If the kit contains controlled substances, the institution must notify the pharmacy that furnishes the medications within 24 hours of each time the emergency kit is unsealed, opened or shows evidence of tampering. New York state law does not specifically address the time frame for refilling the kit.

Are there permissible pharmacist breaks or a maximum break duration?

New York state law does not address pharmacist breaks

During a pharmacist break, does a sign need to be posted that the pharmacist is not on duty?

No

What intern/technician functions can be done without the presence of a pharmacist?

Technicians and interns are not permitted to perform any tasks without the presence of a pharmacist.

What are the limitations on medication delivery (by couriers, pharmacy employees or by kiosk)?

Prescriptions may be delivered by mail, a delivery service or in another fashion.

Each prescription delivery must include a written offer to counsel the patient or caregiver.

Are there any limitations on drive-up windows?

No

What are the requirements to be able to prescribe and dispense self-administered hormonal contraceptives?

1. Receive satisfactory training as determined by the board of pharmacy that includes information on:

   • The menstrual cycle

   • Contraceptive methods, medications, and devices

   • Precautions and contraindications to hormonal contraceptives

   • Counseling and screening techniques for appropriate self-administered hormonal contraceptives

2. Additional requirements when prescribing self-administered hormonal contraception include (but are not limited to):

   • Providing the patient with a fact sheet and self-screening risk assessment questionnaire at initial dispensation and at least every 12 months

   • Notifying the patient's primary health care practitioner within 72 hours unless the patient opts out

Does the state recognize pharmacists as providers for reimbursement purposes?

No

What are the requirements for collaborative drug therapy management (CDTM) agreements?

An application form must be submitted to the State Education Department prior to entering into CDTM practice.

The CDTM protocol does NOT need to be submitted.

How often does a collaborative practice agreement need to be renewed?

New York state does not specify how often a collaborative practice agreement must be renewed 

What actions are pharmacists allowed to perform under a collaborative practice agreement (e.g., initiate, modify, monitor medications)?

1. Adjust or manage a patient's drug regimen, which may include adjusting drug strength, frequency or route of administration. The pharmacist is required to immediately document any changes that are made in the patient's medical record.

2. Evaluate and, if specifically authorized in the protocol, order disease state lab tests related to drug therapy management.

3. Order or perform routine monitoring functions, including collecting and reviewing patient histories and ordering or checking vital signs, if specifically authorized in the protocol.

Are there any restrictions on what diseases a pharmacist can manage under a collaborative practice agreement?

No

Is every pharmacy required to have a pharmacist-in-charge?

Yes

 

In New York, the pharmacist-in-charge (PIC) is also referred to as the "supervising pharmacist"

Can the pharmacist serve as the pharmacist-in-charge (PIC) at more than one pharmacy?

No

What is the minimum number of hours the pharmacist-in-charge (PIC) must be present at the pharmacy?

The PIC (also referred to as the supervising pharmacist) must be considered full-time, defined as working at least 30 hours/week. If the pharmacy is open for less than 30 hours/week, the supervising pharmacist must work a majority of the hours that the pharmacy is open.

What activities are interns permitted to perform (e.g., counseling, compounding, final verification, taking verbal prescriptions)?

A pharmacy intern may perform all of the functions of a pharmacist while under the supervision of a preceptor pharmacist.

Can technicians accept new prescriptions over the phone?

No

Is tech-check-tech permitted?

No

What activities can a clerk perform (e.g., cashier functions, receive refills, put a bottle of medication on the shelf)?

The New York State Board of Pharmacy does not specify what tasks a pharmacy clerk/cashier can perform.

Are there limits on prescribing controlled or non-controlled drugs to oneself or family members?

No

Can new prescriptions or refills be filled if the prescriber is known to be deceased or retired?

The board does not specify if it is acceptable to fill or refill a prescription if the prescriber is known to be retired or deceased.

Can pharmacists fill prescriptions written by prescribers in other countries?

The board does not specify if it is acceptable to fill prescriptions written by prescribers of another country.

How many years must prescription records be kept?

At least 5 years

Within what time frame from the issue date are non-controlled prescriptions permitted to be refilled?

There is no time limit for refills of non-controlled prescriptions.

Is there a maximum number of refills permitted for non-controlled drugs?

No

Is emergency refilling of non-controlled drugs permitted without prescriber authorization?

Yes, only for insulin and related supplies if the patient has a valid prescription that has expired within the past 12 months. 

• This may only be done on an emergency basis after the pharmacist first attempts to obtain authorization from the prescriber. 

• A refill limited to a 30 day supply may be provided and the original prescriber must be notified within 72 hours.

What information is required to be on a prescription container label?

Prescription labels must contain the following critical elements:

1. Patient's name

2. Directions for use

3. Drug name and strength

Labels must also contain the following important elements:

1. Name, address and telephone number of the pharmacy

2. Patient's address

3. Prescriber's name

4. Date of filling or refilling of the prescription

5. Prescription number

Critical elements must be emphasized by being highlighted in color, bold type, or both and be printed in a minimum of 12-point font

Is it required to provide a larger type size on the container label for patients with visual impairment?

No

Are patient profiles required to be kept in the pharmacy for all patients (e.g., a traveling patient on vacation getting a one-time fill)?

Yes

How long must patient profiles be kept after the last fill?

5 years

What is required to be in a patient profile?

Follows federal law:

1. Full name, address and phone number of the patient

2. Patient's age or date of birth

3. Patient's gender

4. Chronic medical conditions

5. A list of prescription drug orders with the drug name, strength, quantity and date received, prescription number and prescriber

6. Known allergies, drug reactions and drug idiosyncrasies

7. Other information deemed relevant by the pharmacist's judgment (e.g., any information peculiar to the patient or drug, patient's weight, over-the-counter drug use)

Is patient identification required to dispense non-controlled drugs in the community pharmacy setting?

No

Is the offer to counsel required for all prescriptions?

Yes

Who can provide the offer to counsel (e.g., pharmacist, intern or technician)?

For new prescriptions, the pharmacist or pharmacy intern is required to personally counsel the patient.

 

For refills, an offer to counsel may be conveyed on behalf of the pharmacist or pharmacy intern by an unlicensed assistant.

What are the counseling requirements for medications delivered to the patient or sent by mail?

Each prescription that is delivered must include a written offer to counsel the patient or their caregiver.

The written offer must include a phone number where a licensed pharmacist or intern may be reached, and it must advise the patient/caregiver that counseling is available regarding:

1. The name, description and known indications of the medication

2. The dosage form, dose, route of administration and duration of drug therapy

3. Special instructions and precautions for preparation, administration and use

4. Common severe adverse effects or interactions and contraindications

5. Techniques for self-monitoring therapy

6. Proper storage

7. Refill information

8. What to do in the event of a missed dose

What are the requirements for providing translation services to limited-English proficient (LEP) patients?

Pharmacies that are part of a group of 8 or more pharmacies owned by the same corporation and mail-order pharmacies must provide free, competent oral interpretation and translation services in the individual's preferred primary language to each LEP patient who requests it or when filling a prescription that indicates that the patient is LEP, unless the patient is offered and refuses these services.

This applies to patient counseling, prescription labels, warning labels and other written materials.

What are the requirements for generic substitution (e.g., must notify the patient)?

Generic substitution is mandatory.

The drug dispensed must be the same price or less than the drug prescribed. Patients must be notified of the substitution.

What resource/s can be used to select a suitable substitution (e.g., Orange Book, state formulary)?

The Orange Book

What actions can be taken by the prescriber or patient to prevent generic interchange?

The prescriber must include "DAW"  (dispense as written) on the prescription 

What documentation is required when a generic substitution occurs?

• The name and strength of the product and its manufacturer must be included on the prescription label.

• The brand name or the name of the manufacturer of the product dispensed must be recorded on the prescription.

Are there any drugs (e.g., narrow therapeutic index) that cannot be substituted?

No

Does the state have death with dignity laws?

No

Does the state have a conscience clause (if so, what are the stipulations of the clause, or what drugs does it specifically apply to)?

No

Does the state have stricter requirements for compounding than federal requirements?

No

What requirements must be met for an out-of-state pharmacy seeking to compound drugs for dispensing to patients in this state (e.g., inspections, permits, fees)?

A non-resident pharmacy must register with the state of New York. In order to register, the following requirements must be met:

1. Registered and in good standing in the state in which they are located 

2. Maintain records of drugs and/or devices shipped into New York

3. Upon request, supply all information needed by the department of education

4. Follow all statutory and regulatory requirements of the state in which the non-resident pharmacy is located for prescription drugs shipped, mailed or delivered into New York, except for controlled substances (must follow federal and New York state law)

There are additional requirements for nonresident establishments that are outsourcing facilities.

What are the additional label requirements for compounded products?

If the compound was prepared by an outsourcing facility, the following information must appear on the label:

1. Statement that the drug is a compounded drug

2. Name, address and phone number of the outsourcing facility

3. Lot or batch number of the drug

4. Drug name, dosage form and strength

5. Statement of quantity or volume

6. Date that the drug was compounded

7. Expiration date

8. Storage and handling instructions

9. NDC number, if available

10. Statement that the drug is not for resale and the statement "Office Use Only"

11. List of active and inactive ingredients and the quantity or proportion of each ingredient

What drugs are classified in a different schedule in this state compared to the federal schedule (e.g., cannabidiol, Fioricet, gabapentin, Lomotil, pseudoephedrine)?

Anabolic steroids are schedule II drugs in New York

 

Chorionic gonadotropin is a schedule III drug in New York

Can marijuana be obtained from a state-approved dispensary for recreational use or only for medical purposes?

Marijuana can be obtained for medical use and recreational use.

Does an individual need to obtain an ID card to purchase marijuana?

Yes, patients must be certified and obtain a registry identification card to purchase medical marijuana

Is medical marijuana limited to certain indications (if yes, what indications)?

Yes. Medical marijuana use is limited to the following indications:

1. Cancer

2. HIV/AIDS

3. Amyotrophic Lateral Sclerosis (ALS)

4. Parkinson's Disease

5. Multiple Sclerosis (MS)

6. Damage to the spinal cord with intractable spasticity

7. Epilepsy

8. Inflammatory Bowel Disease (IBD)

9. Neuropathies

10. Huntington's Disease

11. Severe, debilitating pain that the practitioner determines degrades health and functional capability; the patient has contraindications, has experienced intolerable side effects, or has failed one or more previous therapies; and there is  evidence that the pain has lasted or will last for at least 3 months

12. Post-Traumatic Stress Disorder (PTSD)

13. Pain that degrades health and functional capability where medical marijuana is an alternative to opioid use

14. Substance Use Disorder

Does a practitioner need authorization from the state to recommend medical marijuana (if yes, what practitioners can obtain authorization)?

Yes.

Physicians, nurse practitioners and physician assistants can apply for registration to prescribe medical marijuana.

How does a practitioner authorize a patient to obtain medical marijuana (e.g., enter the patient into a medical marijuana database with an approved indication)?

The practitioner must issue a certification for use, including the patient's diagnosis 

What agencies must a controlled substance loss or theft be reported to and within what time frame must this be reported?

The licensee must notify the Bureau of Narcotic Enforcement "promptly" of each incident or alleged incident of theft, loss or possible diversion of controlled substances

How long does the pharmacy need to keep paper and electronic documents for scheduled drugs (e.g., DEA Form 222, DEA Form 106, prescriptions, invoices)?

All prescription records must be kept for 5 years

 

Other documentation (e.g., DEA Form 222) must be kept for 2 years

Which controlled substance schedules (if any) can each type of mid-level practitioner prescribe?

Nurse practitioners (NPs), nurse midwives and physician assistants (PAs) can prescribe schedule II - V drugs

List the schedules of drugs collected in the state’s prescription drug monitoring program (PDMP).

The prescription drug monitoring program (PDMP) collects data for schedules II-V.

However, the PDMP needs to be consulted for prescribing or dispensing schedule II-IV.

In what timeframe must a pharmacy submit the records of dispensed controlled substances to the state’s PDMP?

Within 24 hours of dispensing

Which healthcare professionals are authorized to access the prescription drug monitoring program (PDMP)?

Prescribers (except for veterinarians) and pharmacists, and individuals to whom the prescriber or pharmacist has delegated access

Can controlled and non-controlled drugs be written on the same prescription form?

No

Is there a limit to the number of medications that can be written on one prescription form?

Yes. Only one medication can be written on a single prescription form. 

Other than prescriptions for Medicaid patients, what prescriptions require tamper-resistant security forms?

All prescriptions in New York state are required to be transmitted electronically.

• If the prescription cannot be transmitted electronically (for example, during a power outage), it must be written on an official New York state prescription form.