March 18, 2016
New York Electronic Prescribing Waivers Guidance for Specific Types of Prescriptions The New York Department of Health, pursuant to questions received from NCPDP members as well as other industry stakeholders, has released guidance as to how to handle specific types of prescriptions that currently are not well suited to electronic prescribing. Said guidance waives, until March 27, 2017, the requirement that these specific prescription types be electronically prescribed as required by New York’s  iSTOP law. The key portion of this guidance is reproduced below. The New York Commissioner of Health, in a letter, has waived the following circumstances from the requirements of electronic prescribing:

  1. Any practitioner prescribing a controlled or non-controlled substance, containing two (2) or more products, which is compounded by a pharmacist.
  2. Any practitioner prescribing a controlled or non-controlled substance to be compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous or intraspinal infusion.
  3. Any practitioner prescribing a controlled or non-controlled substance that contains long or complicated directions.
  4. Any practitioner prescribing a controlled or non-controlled substance that requires a prescription to contain certain elements required by the federal Food and Drug Administration (FDA) that are not able to be accomplished with electronic prescribing.
  5. Any practitioner prescribing a controlled or non-controlled substance under approved protocols under expedited partner therapy, collaborative drug management or in response to a public health emergency that would allow a non-patient specific prescription.
  6. Any practitioner prescribing an opioid antagonist that would allow a non-patient specific prescription.
  7. Any practitioner prescribing a controlled or non-controlled substance under a research protocol.
  8. A practitioner prescribing a controlled or non-controlled substance either through an Official New York State Prescription form or an oral prescription communicated to a pharmacist serving as a vendor of pharmaceutical services, by an agent who is a health care practitioner, for patients in nursing homes and residential health care facilities as defined in section twenty-eight hundred one of the public health law.
  9. A pharmacist dispensing controlled and non-controlled substance compounded prescriptions, prescriptions containing long or complicated directions, and prescriptions containing certain elements required by the FDA or any other governmental agency that are not able to be accomplished with electronic prescribing.
  10. A pharmacist dispensing prescriptions issued under a research protocol, or under approved protocols for expedited partner therapy, or for collaborative drug management.
  11. A pharmacist dispensing non-patient specific prescriptions, including opioid antagonists, or prescriptions issued in response to a public health emergency issued.
  12. A pharmacist serving as a vendor of pharmaceutical services dispensing a controlled or non-controlled substance through an Official New York State Prescription form or an oral prescription communicated by an agent who is a health care practitioner, for patients in nursing homes and residential health care facilities as defined in section twenty-eight hundred one of the public health law.Practitioners issuing prescriptions in the above-listed exceptional circumstances may either use the Official New York State Prescription Form or issue an oral prescription. Pharmacists may dispense prescriptions issued on the Official New York State Prescription Form or oral prescriptions in the above-listed exceptional circumstances.

This waiver for the above-listed exceptional circumstances shall be effective until March 27, 2017.