MPJE 2026 - NY

What is the board composition?

At least:

• 9 pharmacists licensed in NY for at least 5 years

• 2 registered technicians

• 2 public representatives.

What's the minimum total memberships for the NYS Board of Pharmacy?

13

Is the Board a separate entity or under another organization/department?

Part of the Board of Regents.

• Board of Regents oversees licensing requirements for ALL professions in NYS

Who chairs the board and how often are they elected?

A Chairman and a Vice-Chairman, elected annually by the Board of Pharmacy Members.

How are board members selected?

Appointed by the regents based on recommendation by the commissioner.

What is the term duration of board members?

5 years

Q. How often does the board convene?

· N/A

Who can attend board meetings?

The public can attend meetings except if labeled as 'executive sessions'.

Do pharmacies need to have a pharmacist supervising at all times?

Yes, every pharmacy needs to have a licensed pharmacist supervising during hours of operation.

Who has the right to inspect the pharmacy?

The State Board of Pharmacy and the Department of Education and their employees.

What time can the State Board of Pharmacy inspect the pharmacy?

At any reasonable time of operation.

What is the minimum square footage requirement for a pharmacy?

At least 300 sq ft, with compounding, manufacturing, and dispensing needing at least 100 sq ft.

What are the security requirements for a pharmacy in a general merchandising establishment?

If the ceiling is over 9 feet 6 inches, there must be a partition; otherwise, walls need to be from floor to ceiling.

What are the separation and storage requirements for controlled substance hard copies?

C2's separate, C3-5 separate, and non-controls separate.

Who can access controlled substance stocks?

Limited to the minimum number of employees required for administration, custody, distribution, dispensing, manufacturing, and other reasons.

How long must hard copy records be kept?

5 years and must be readily retrievable and kept on premises.

Does a pharmacy require a sign for counseling?

None mentioned.

Are there signage requirements for pharmacy hours?

Generally none, unless located inside a general merchandising store.

In this instance, the pharmacy will post a sign of when they are opened and closed outside the store.

Any sign requirements for when there is a change in PIC?

No

Any sign requirements for closures?

No

Does a sign bearing the name of the registrant need to be displayed? If so, where? Any other conditions?

• Full name of registrant need to be displayed exterior of premise.

• If multi-tenanted structure, immediate entrance OR directory to registered establishment

Does a sign about drug prices need to posted? If so, where do they need to be posted?

· The drug prices themselves do not need to be posted. However, the availability of the drug price list needs to be posted.

· The availability of the department of health prescription drug retail price list database AND web address of that database needs to be posted

o This needs to be posted in either the waiting area, area where drugs are delivered, or area where prescriptions are presented

Does a sign regarding interpretation services need to be posted?

· Yes

· Statement in English: "Point to your language. Language assistance shall be provided at no cost to you."

. Where do signs regarding pharmacy primary languages need to be posted?

· Next to cash registers AND area where prescriptions are dropped off/picked up

What is the timeframe to notify the Board about a change in ownership?

Within 30 days.

Within what time frame do you have to notify the Board about a change in officers? What about stakeholders?

· Change in officers = Within 30 days

· Change in stakeholders = Within 30 days (Only if 10% or more in stockhold)

How much time do you have to notify the Board about a change in PIC?

7 days

How many days do you have to notify the Board about a change in address?

At least 30 days prior to expected relocation

Time to notify the Board of changes to operational hours?

None specified

What type of prescription balance is required?

Class A balance (6 mg) with metric weights if needed.

What other types of equipment is required other than the prescription balance?

· 1. Refrigerator (with temperature monitoring)

· 2. Mortar and pestle

· 3. Device capable of measuring 0.1 mL to 500 mL

· 4. Copy of law

· 5. Hot and cold running water in compounding and dispensing area

Any specifications on automated dispensing cabinets?

None

Must RPH be onsite for access for pharmacy?

A licensed pharmacist needs to be onsite all hours when open

Is after hours dispensing specified?

None specified

Emergency access to pharmacy procedures?

Non specified

Is mail order allowed both in-state and out-of-state?

Yes.

What are the requirements for out-of-state mail order?

- Register as a nonresident establishment,

- licensed in home state,

- provide a toll-free number,

- designate a resident agent in NYS.

Is there any exemptions to registration requirements for out-of-state (non-resident) mail order?

If it's isolated transactions

(600 or fewer prescriptions/year for pharmacies OR < $10,000 in sale for manufacturers or wholesalers in NY)

What are isolated transactions?

Transactions necessary to protect the public health by addressing emergency shortage of drug and/or devices in NY

What are the fees for a pharmacy license?

• Application = $345

• Renewal = $260,

• Renewal Frequency = Triennially,

• Endorsement (Relocation fee) = $50.

Is there a license required for mailing to other states?

None specified, likely subject to state which prescription is delivered to

Who can apply for ownership? What about corporate applicants?

1. Anyone of good moral character

2. Corporate applicants, all officers/directors/stockholders having 10% or greater interest in corporation ALL have to be of good moral character

Do you have to be a registered pharmacist to own a pharmacy?

No.

What needs to be done if the owner of a pharmacy isn't a registered pharmacist?

Need to have a licensed supervising pharmacist (PIC) on the registration.

How many pharmacies can you be a PIC of?

1

What are the hour requirements of a PIC?

PIC must be full time (At least 30 hours a week) or majority of hours of operation

Within what timeframe do you have to notify the board of a change in ownership?

30 days

Within what timeframe do you have to notify the board of drugs being sold at an auction?

7 days

Are there any fees for pharmacy name changes? What about renovation changes? Owner changes?

None

What needs to be done by the owner when there is a change in PIC?

Submit amended registration and attach to the original registration

What is the RPH-Tech Ratio?

2 licensed techs or 4 unlicensed techs; cannot have more than 4 combined.

What is the RPH-Intern Ratio?

1 full time intern or 2 part time interns per pharmacist.

Do interns count towards the RPH-Tech ratio?

No, interns do NOT count toward RPH-Tech ratio.

How many prescriptions must a pharmacist dispense annually per intern?

A pharmacist must dispense 5000 prescriptions annually per intern.

Are there any specific licenses required for non-sterile compounding?

None specified.

If a facility conducts sterile compounding, what must they be registered as?

Outsourcing facility.

According to the FDC Act, can an outsourcing facility dispense or distribute drugs to any person pursuant to a prescription?

No, you need to also be a registered pharmacy.

Can all outsourcing facilities be considered pharmacies?

No, not all outsourcing facilities are considered pharmacies.

What reports need to be sent regarding compounding?

Report identifying the drugs compounded in the 6-month period.

What is the frequency of reports sent for compounding?

Every 6 months.

What reports needs to be sent? Frequency of reports sent? To whom is it sent? (8)

Report identifying the drugs compounded in the 6-month period

1. API

2. API strength

3. NDC

4. Source

5. Dosage form

6. Route of administration

7. Package description

8. # of units produced

Every 6 months

Send report to the executive secretary of the state board

To whom is the compounding report sent?

Send report to the executive secretary of the state board.

Are there any restrictions on compounding without a prescription?

1. Must be pursuant to a patient specific order.

2. Can compound limited quantities before the receipt of a valid prescription.

What are the BUDs of 795 for non-preserved aqueous dosage forms?

14 days.

What are the BUDs of 795 for preserved aqueous dosage forms?

35 days.

What are the BUDs of 795 for nonaqueous oral liquids?

90 days.

What are the BUDs of 795 for other nonaqueous dosage forms?

180 days.

What are the differences between category 1, 2, and 3 for 797?

Category 1: Shorter BUDs, prepared in ISO Class 5 or better.

Category 2: Longer BUDs, prepared in cleanroom suite.

Category 3: Requires more training and testing. BUDs up to 180 days.

• Requires undergoing sterility testing, supplemented by endotoxin testing when applicable

What are the BUDs of 797 for Category 1?

CRT < 12 hours; Refrigerator < 24 hours.

What are the BUDs of 797 for Category 2?

CRT 4 days;

Refrigerator 10 days;

Freezer 45 days.

What are the BUDs of 797 for Category 3?

CRT 60 days; Refrigerator 90 days; Freezer 120 days.

Which drugs are required to be behind the counter?

1. Ephedrine

2. Pseudoephedrine

3. Phenylpropanolamine.

What are the dispensing requirements of drugs that are behind the counter?

Maintain a written or electronic logbook.

1. Sale date

2. Sale time

3. Product name

4. Quantity sold

5. Purchaser name

6. Purchaser address

7. Purchaser signature

8. State or federal government photo ID card

When do you NOT have to log in the logbook for behind the counter drugs?

If purchaser isn't buying more than 60 mg of pseudoephedrine.

What are the purchase quantity limits for behind the counter drugs?

Pseudoephedrine = 3.6 g/day;

Ephedrine = 3.6 g/day

Phenylpropanolamine = 3.6 g/day.

Mail Order

• 7.5 grams/30 days

Do pharmacists need to be certified to immunize in NYS?

Yes

What is the fee and frequency of registration renewal for pharmacists to administer immunizations?

Fee = $100; Renewal Frequency = 3 years.

What immunizations can pharmacists administer to patients > 18 years old?

COVID-19,

Influenza,

Rubella,

Diphtheria,

Measles, Mumps, Meningococcal,

Tetanus,

Hepatitis A,

Hepatitis B,

Herpes Zoster,

Human papillomavirus,

Pertussis,

Pneumococcal,

Varicella.

Can pharmacists administer influenza immunizations to a one year-old child?

No, pharmacists can only give immunizations to children > 2 years-old.

For influenza immunizations you do not need a patient specific order. It can be patient specific or non-patient specific

What other immunizations can pharmacists administer to children 2 - 17 years-old?

Pharmacists can only administer influenza vaccine to children 2 - 17 years old.

Do pharmacists have to send notice that a patient was given an immunization? By what method(s)? To whom? How often should notice/reports be sent?

Yes, pharmacists have to send notice that a patient has been immunized

Need to send the notice via:

1. Electronically

2. Facsimile

Notice needs to be sent to:

1. Patient's PCP or practitioners

2. Statewide OR citywide immunization registry

Frequency = Does not state the frequency of when reports need to be sent

PRIOR to administer the immunization, what must the pharmacist do?

• Inform the patient/person legally responsible for patient total cost of immunization, subtracting any health insurance subsidization

• Inform the patient/personal legally responsible for the patient that the immunization may be covered when administered by a primary care physician or practitioner

Do pharmacists have to send notice that a patient was given an immunization?

Yes, notice must be sent electronically or via facsimile.

What must the pharmacist do prior to administering the immunization?

Inform the patient of the total cost of immunization and coverage details.

What organization recommendations do pharmacists need to follow when administering immunizations?

Advisory Committee for Immunization Practices (ACIP).

Can pharmacists who are NOT immunization certified administer emergency treatment for anaphylaxis?

No, they cannot administer emergency treatment.

If they ARE immunization certified, then they can administer to emergency treatment to patients 2 years of age or older

What information needs to be recorded on the patient's medication profile after administering anaphylaxis treatment?

Patient name

date

address of admin

administering pharmacist

treatment agent

manufacturer

LOT #.

· Record needs to be kept on patient's medication profile. If it's not required, then it needs to be recorded on a separate form and retained by the pharmacist who administered the anaphylaxis treatment

Pharmacists that administered anaphylaxis treatment are required to do what? (5)

· The pharmacist that administered the anaphylaxis treatment is responsible for contacting EMS or ensuring equivalent follow up is done.

· Certified pharmacists are also required to report to local EMS the following:

o 1. Name of anaphylaxis treatment agent

o 2. When treatment agent was administered

o 3. Dose

o 4. Strength

o 5. Route of administration

· Report the incident to the patient's PCP, unless the patient is unable to identify their PCP

What are pharmacists required to do after administering anaphylaxis treatment?

Contact EMS or ensure equivalent follow up is done.

What medications can pharmacists administer to treat anaphylaxis?

Not specified.

Is a collaborative practice agreement required to immunize?

No, can have non-patient specific order, patient specific order, or protocol by a licensed physician or nurse practitioner.

What medications are covered under law/protections for emergencies?

1. Naloxone,

2. Naloxone dispensing for pharmacists,

3. Epinephrine,

4. PrEP.

How many days can pharmacists dispense for HIV PEP drugs?

7 days for the purpose of preventing HIV infection pursuant to a non-patient specific order and protocol.

Should you fill a prescription for Amiodarone prescribed by a podiatrist?

No, the podiatrist prescribed a medication that is beyond their scope of practice.

Does a pharmacist have to fill a prescription that goes beyond their religious views?

No, but the pharmacist must inform the supervising pharmacist and owner.

In that scenario, the supervising pharmacist AND owner will devise a plan that respects the pharmacist's choice while assuring delivery of services to patients needs

Should a pharmacist fill a prescription for high dose opioids for an opioid naïve patient?

No, if the pharmacist believes it may harm the patient.

Are pharmacists obligated to avoid abandoning or neglecting a patient?

Yes.

What actions can be taken against a pharmacist's license for refusal to fill?

Abandoning or neglecting a patient is considered professional misconduct.

What is the appeals process for actions taken against a pharmacist's license?

A pharmacist may appear at the initial hearing and be represented by counsel.

What can a pharmacist do if they disagree with the Board of Regents decision?

The decision can be reviewed by a court.